Case: Common Sense Party v. Padilla

2:20-cv-01091 | U.S. District Court for the Eastern District of California

Filed Date: May 29, 2020

Case Ongoing

Clearinghouse coding in progress

Case Summary

NOTE: This case is being tracked in close to real time by the Stanford/MIT Healthy Elections Project. So for information, see their tracker. According to their summary as of 09/01/2020, Plaintiffs of the Common Sense Party (CSP), a political “party-in-formation” challenge the constitutionality of the California Elections Code §5151 (c) as it applies to them. The code requires new political parties to secure 68,180 voter registrations in order to qualify for the November 2020 election ballot. …

NOTE: This case is being tracked in close to real time by the Stanford/MIT Healthy Elections Project. So for information, see their tracker.

According to their summary as of 09/01/2020,

Plaintiffs of the Common Sense Party (CSP), a political “party-in-formation” challenge the constitutionality of the California Elections Code §5151 (c) as it applies to them. The code requires new political parties to secure 68,180 voter registrations in order to qualify for the November 2020 election ballot. Plaintiffs allege that the COVID-19 shutdown renders it impossible to comply with this requirement. Thus, Plaintiffs move for either a Temporary Restraining Order or Preliminary Injunction enjoining Defendant Secretary of State Alex Padilla from enforcing §5151(c) against them and requiring the Secretary of State to register the CSP as an official political party of California without the need for the CSP to obtain more voter registrations. The court denied both motions, concluding that Plaintiffs have failed to show they are likely to succeed on the merits of their claims, especially to the level necessary to justify granting mandatory injunctive relief.

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/17230453/parties/common-sense-party-v-padilla/


Judge(s)

Callahan, Consuelo Maria (California)

England, Morrison C. Jr. (California)

Peterson, Jeremy D (California)

Schroeder, Mary Murphy (Arizona)

Thomas, Sidney Runyan (Montana)

Attorneys(s) for Plaintiff

Hertz, Bradley W. (California)

Sutton, James R. (California)

Attorneys(s) for Defendant

Chang, Peter H. (California)

Judge(s)

Callahan, Consuelo Maria (California)

England, Morrison C. Jr. (California)

Peterson, Jeremy D (California)

Schroeder, Mary Murphy (Arizona)

Thomas, Sidney Runyan (Montana)

Attorneys(s) for Plaintiff

Hertz, Bradley W. (California)

Sutton, James R. (California)

Attorneys(s) for Defendant

Chang, Peter H. (California)

Documents in the Clearinghouse

Document

2:20-cv-01091

Docket [PACER]

Oct. 1, 2020

Oct. 1, 2020

Docket
1

2:20-cv-01091

Verified Complaint for Declaratory and Injunctive Relief

May 29, 2020

May 29, 2020

Complaint
21

2:20-cv-01091

Memorandum and Order

469 F.Supp.3d 951, 2020 WL 3491041

June 26, 2020

June 26, 2020

Order/Opinion

2:20-cv-01091

0:20-16335

Order

Oct. 6, 2020

Oct. 6, 2020

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/17230453/common-sense-party-v-padilla/

Last updated Aug. 6, 2022, 3:15 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Alex Padilla by The Common Sense Party, et al., Attorney Sutton, James R added. (Filing fee $ 400, receipt number 0972-8914241) (Attachments: # 1 Civil Cover Sheet, # 2 Verification)(Sutton, James) (Entered: 05/29/2020)

1 Civil Cover Sheet

View on PACER

2 Verification

View on PACER

May 29, 2020

May 29, 2020

RECAP
2

SUMMONS ISSUED as to *Alex Padilla* with answer to complaint due within *21* days. Attorney *James R. Sutton* *The Sutton Law Firm* *150 Post Street, Suite 405* *San Francisco, CA 94108*. (Benson, A.) (Entered: 06/01/2020)

June 1, 2020

June 1, 2020

PACER
3

CIVIL NEW CASE DOCUMENTS ISSUED; (Attachments: # 1 Consent Form, # 2 VDRP) (Benson, A.) (Entered: 06/01/2020)

June 1, 2020

June 1, 2020

PACER
4

ORDER signed by Magistrate Judge Carolyn K. Delaney on 6/3/2020 REASSIGNING CASE to Magistrate Judge Edmund F. Brennan for all further proceedings. Magistrate Judge Carolyn K. Delaney no longer assigned to case. New Case Number: 2:20-cv-1091-MCE-EFB. (Coll, A) (Entered: 06/03/2020)

June 3, 2020

June 3, 2020

PACER
5

MOTION for TEMPORARY RESTRAINING ORDER by Debbie Benrey, Tom Campbell, The Common Sense Party, Michael Turnipseed. (Attachments: # 1 Proposed Order, # 2 Exhibit TRO Checklist)(Sutton, James) (Entered: 06/04/2020)

June 4, 2020

June 4, 2020

PACER
6

MINUTE ORDER (Text Only) issued by courtroom deputy for Senior District Judge, Morrison C. England, Jr.: The Court has reviewed Plaintiffs' Motion for Temporary Restraining Order and/or Preliminary Injunction. Defendants' Opposition shall be filed not later than June 12, 2020, and Plaintiffs' Reply shall be filed not later than June 19, 2020. If necessary, a hearing to be conducted by videoconference will be set on June 25, 2020, at 2:00 p.m. After briefing is complete, a further order will issue, however, advising the parties whether a hearing will be set. (Deutsch, S) (Entered: 06/05/2020)

June 5, 2020

June 5, 2020

PACER
7

MINUTE ORDER (Text Only) issued by courtroom deputy for Senior District Judge, Morrison C. England, Jr.: On June 5, 2020, the Court issued a minute order setting a briefing schedule in this case. Not later than June 12, 2020, Plaintiff is directed to serve Defendant with that minute order, if Defendant has not been served already, and to file a proof of service with the Court. (Deutsch, S) (Entered: 06/11/2020)

June 11, 2020

June 11, 2020

PACER
8

CERTIFICATE of SERVICE by Debbie Benrey, Tom Campbell, The Common Sense Party, Michael Turnipseed. (Sutton, James) (Entered: 06/11/2020)

June 11, 2020

June 11, 2020

PACER
9

OPPOSITION by Alex Padilla to 5 Motion for Temporary Restraining Order and/or Preliminary Injunction. Attorney Chang, Peter H. added. (Chang, Peter) (Entered: 06/12/2020)

June 12, 2020

June 12, 2020

PACER
10

DECLARATION of Peter H. Chang in SUPPORT of 9 Opposition to Motion . (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14)(Chang, Peter) Modified on 6/15/2020 (York, M). (Entered: 06/12/2020)

June 12, 2020

June 12, 2020

PACER
11

DECLARATION of Jason Rosales in SUPPORT of 9 opposition to Motion. (Chang, Peter) Modified on 6/15/2020 (York, M). (Entered: 06/12/2020)

June 12, 2020

June 12, 2020

PACER
12

DECLARATION of Angelica Quirarte in SUPPORT of 9 opposition to Motion. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Chang, Peter) Modified on 6/15/2020 (York, M). (Entered: 06/12/2020)

June 12, 2020

June 12, 2020

PACER
13

DECLARATION of Carly Fields in SUPPORT of 9 Opposition to Motion. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Chang, Peter) Modified on 6/16/2020 (York, M). (Entered: 06/15/2020)

June 15, 2020

June 15, 2020

PACER
14

STIPULATION to EXTEND TIME to 7/21/2020, to Respond to 1 Complaint by Alex Padilla. (Chang, Peter) Modified on 6/17/2020 (York, M). (Entered: 06/17/2020)

June 17, 2020

June 17, 2020

PACER
15

REPLY by Debbie Benrey, Tom Campbell, The Common Sense Party, Michael Turnipseed to response to 5 Motion for Temporary Restraining Order and/or Preliminary Injunction.. (Sutton, James) Modified on 6/22/2020 (Zignago, K.). (Entered: 06/19/2020)

June 19, 2020

June 19, 2020

PACER
16

DECLARATION of Jude T. Iredell in support of 15 Reply to Response to Motion. (Sutton, James) Modified on 6/22/2020 (Zignago, K.). (Entered: 06/19/2020)

June 19, 2020

June 19, 2020

PACER
17

ADDITIONAL EXHIBITS of Jude T. Iredell re 16 Declaration. (Sutton, James) Modified on 6/22/2020 (Zignago, K.). (Entered: 06/19/2020)

June 19, 2020

June 19, 2020

PACER
18

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 6/25/2020 hearing on the Plaintiffs' Motion for Temporary Restraining Order and/or Preliminary Injunction 5 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. Any outstanding request for telephonic appearance is denied as moot. (Deutsch, S) (Entered: 06/22/2020)

June 22, 2020

June 22, 2020

PACER
19

STATEMENT of Objections to New Arguments and Evidence Raised in Plaintiffs' Reply in Support of 5 Motion for TRO by Defendant Alex Padilla. (Chang, Peter) (Entered: 06/22/2020)

June 22, 2020

June 22, 2020

PACER
20

RESPONSE by Debbie Benrey, Tom Campbell, The Common Sense Party, Michael Turnipseed to 19 Statement. (Sutton, James) (Entered: 06/24/2020)

June 24, 2020

June 24, 2020

PACER
21

MEMORANDUM and ORDER signed by Senior Judge Morrison C. England, Jr on 6/26/2020 DENYING 5 Plaintiffs' Motion for Temporary Restraining Order and/or Preliminary Injunction (ECF No. 5 ). (Becknal, R) (Entered: 06/26/2020)

June 26, 2020

June 26, 2020

RECAP
22

USCA CASE NUMBER 20-71888 for Emergency Petition for Writ of Mandamus filed on 07/01/2020 by Debbie Benrey, Tom Campbell, The Common Sense Party, Michael Turnipseed. (York, M) (Entered: 07/02/2020)

July 2, 2020

July 2, 2020

PACER
23

USCA ORDER as to Emergency Petition for Writ of Mandamus filed by Debbie Benrey, Tom Campbell, The Common Sense Party, Michael Turnipseed DENYING the petition. Petitioners have not demonstrated that this case warrants the intervention of this court by means of the extraordinary remedy of mandamus. All pending motions are DENIED as moot. (York, M) (Entered: 07/06/2020)

July 6, 2020

July 6, 2020

PACER
24

NOTICE of INTERLOCUTORY APPEAL by All Plaintiffs. Attorney Hertz, Bradley W. added. (Filing fee $ 505, receipt number 0972-8984241) (Hertz, Bradley) Modified on 7/9/2020 (Huang, H). (Entered: 07/08/2020)

July 8, 2020

July 8, 2020

PACER
25

APPEAL PROCESSED to Ninth Circuit re 24 Notice of Interlocutory Appeal filed by The Common Sense Party. Notice of Appeal filed *7/8/2020*, Complaint filed *5/29/2020* and Appealed Order / Judgment filed *6/26/2020*. ** *Fee Status: Paid on 7/8/2020 in the amount of $505.00* (Attachments: # 1 Appeal Information) (Mena-Sanchez, L) (Entered: 07/09/2020)

July 9, 2020

July 9, 2020

PACER
26

USCA CASE NUMBER 20-16335 for 24 Notice of Interlocutory Appeal filed by The Common Sense Party. (York, M) (Entered: 07/13/2020)

July 13, 2020

July 13, 2020

PACER
27

STIPULATION and PROPOSED ORDER for Extension of Time for Defendant to Respond to Complaint Until Further Order re 1 Complaint by Alex Padilla. (Attachments: # 1 Proposed Order)(Chang, Peter) (Entered: 07/17/2020)

July 17, 2020

July 17, 2020

PACER
28

ORDER signed by Senior Judge Morrison C. England, Jr. on 7/22/2020 ORDERING that Defendant Alex Padilla, California Secretary of State, need not answer the Complaint until a later date to be set by this Court. The Court further ORDERS the parties to provide a joint status report to the Court within 10 days after the Ninth Circuit Court of Appeals issues a decision in Plaintiffs' interlocutory appeal (Case No. 20-16335). (Zignago, K.) (Entered: 07/22/2020)

July 22, 2020

July 22, 2020

RECAP
29

ORDER by Chief Judge Kimberly J. Mueller: The Court having considered the equitable division and efficient and economical determination of court business, hereby reassigns this case from Magistrate Judge *Edmund F. Brennan* to *Magistrate Judge Jeremy D. Peterson* for all further proceedings. As of October 1, 2020, Magistrate Judge Jeremy D. Peterson is reassigned to the Sacramento Division of the Eastern District of California. (Becknal, R) (Entered: 10/01/2020)

Oct. 1, 2020

Oct. 1, 2020

PACER

Case Details

State / Territory: California

Case Type(s):

Election/Voting Rights

Special Collection(s):

COVID-19 (novel coronavirus)

Healthy Elections COVID litigation tracker

Key Dates

Filing Date: May 29, 2020

Case Ongoing: Yes

Case Details

Availably Documents:

Trial Court Docket