Case: Eilenberg v. City of Colton

Healthy Elections Project

COMPLAINT Receipt No: CCACDC-26146581 - Fee: $400, filed by Plaintiff Benjamin Eilenberg. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F) (Attorney Ben A Eilenberg added to party Benjamin Eilenberg(pty:pla))(Eilenberg, Ben) (Entered: 04/20/2020)

CIVIL COVER SHEET filed by Plaintiff Benjamin Eilenberg. (Eilenberg, Ben) (Entered: 04/20/2020)

Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), 1 filed by Plaintiff Benjamin Eilenberg. (Eilenberg, Ben) (Entered: 04/20/2020)

Certificate of Interested Parties re: Complaint (Attorney Civil Case Opening), 1 (Eilenberg, Ben) (Entered: 04/20/2020)

NOTICE OF ASSIGNMENT to District Judge Fernando M. Olguin and Magistrate Judge Douglas F. McCormick. (esa) (Entered: 04/20/2020)

NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (esa) (Entered: 04/20/2020)

NOTICE OF DEFICIENCIES in Attorney Case Opening. The following error(s) was found: Other error(s) with document(s): A temporary restraining order (TRO) flag was indicated, but no TRO document was filed.. (esa) (Entered: 04/20/2020)

21 DAY Summons issued re Complaint 1 as to defendant The City of Colton. (esa) (Entered: 04/20/2020)

NOTICE OF CLERICAL ERROR: Re: Notice of Assignment to United States Judges 5 . The case should be referred to U.S. Magistrate Judge Douglas F. McCormick for preliminary matters and all further hearings as may be appropriate or necessary. Please note the change in the case number which should now read 8:20-cv-00767 FMO (DFM). (esa) (Entered: 04/20/2020)

First EX PARTE APPLICATION for Temporary Restraining Order as to Allowing Initiative Petition Signature Gathering filed by Plaintiff Ben Eilenberg. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Proposed Order) (Attorney Ben A Eilenberg added to party Ben Eilenberg(pty:pla)) (Eilenberg, Ben) (Entered: 04/29/2020)

SERVICE UNDER FRCP 5(b)(2)(D) Executed by Plaintiff Ben Eilenberg, upon Defendant The City of Colton served on 4/29/2020, answer due 5/20/2020. Service of the Summons and Complaint were executed upon the Clerks Office in compliance with Federal Rules of Civil Procedure. As to Summons, Complaint, and Ex Parte (Eilenberg, Ben) (Entered: 04/29/2020)

OPPOSITION in opposition to re: First EX PARTE APPLICATION for Temporary Restraining Order as to Allowing Initiative Petition Signature Gathering 10 filed by Defendant The City of Colton. (Attachments: # 1 Declaration of Daniel L. Richards)(Attorney Jeffrey V Dunn added to party The City of Colton(pty:dft))(Dunn, Jeffrey) (Entered: 04/30/2020)

REQUEST FOR JUDICIAL NOTICE In Support of Opposition to Ex Parte filed by Defendant The City of Colton. (Dunn, Jeffrey) (Entered: 04/30/2020)

CERTIFICATE of Interested Parties filed by Specially Appearing Defendant The City of Colton, identifying N/A. (Dunn, Jeffrey) (Entered: 04/30/2020)

NOTICE OF ERRATA filed by Defendant The City of Colton. correcting Objection/Opposition (Motion related), 12 (Attachments: # 1 Exhibit 1 - Opposition)(Dunn, Jeffrey) (Entered: 04/30/2020)

Order Denying Plaintiff's Ex Parte Application for a Temporary Restraining Order 10 by Judge Fernando M. Olguin. Plaintiff seeks a disfavored remedy during an unprecedented public health crisis. But he has not established that he is likely to succeed on the merits of his claims, that he will suffer irreparable injury without a TRO, or that the balance of hardships tips in his favor. Accordingly, Plaintiff's Ex Parte Application for a Temporary Restraining Order is DENIED. (es) (Entered: 05/14/2020)

STIPULATION Extending Time to Answer the complaint as to The City of Colton answer now due 6/19/2020, re Complaint (Attorney Civil Case Opening), 1 filed by defendant The City of Colton.(Dunn, Jeffrey) (Entered: 05/15/2020)

First AMENDED COMPLAINT against Defendants Does, The City of Colton, The State of California, The County of San Bernardino amending Complaint (Attorney Civil Case Opening), 1, filed by Plaintiff Ben Eilenberg (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H)(Eilenberg, Ben) (Entered: 06/04/2020)

First APPLICATION for Preliminary Injunction re Allowing signature gatherers or alternative relief . Motion filed by Plaintiff Ben Eilenberg. Application set for hearing on 7/9/2020 at 10:00 AM before Judge Fernando M. Olguin. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H) (Eilenberg, Ben) (Entered: 06/04/2020)

MEMORANDUM in Opposition to First APPLICATION for Preliminary Injunction re Allowing signature gatherers or alternative relief . Motion 19 filed by Defendant The State of California. (Attachments: # 1 Declaration, # 2 Declaration)(Attorney Gabrielle D Boutin added to party The State of California(pty:dft))(Boutin, Gabrielle) (Entered: 06/18/2020)

OPPOSITION in opposition to re: First APPLICATION for Preliminary Injunction re Allowing signature gatherers or alternative relief . Motion 19 filed by Defendant The City of Colton. (Attachments: # 1 Declaration of Daniel L. Richards In Support of Opposition)(Dunn, Jeffrey) (Entered: 06/18/2020)

REQUEST FOR JUDICIAL NOTICE In Support of Opposition to Plaintiff's Application for Preliminary Injunction filed by Defendant The City of Colton. (Dunn, Jeffrey) (Entered: 06/18/2020)

ANSWER to Amended Complaint/Petition, 18 with JURY DEMAND filed by Defendant The City of Colton.(Dunn, Jeffrey) (Entered: 06/19/2020)

NOTICE OF MOTION FOR LEAVE TO JOIN AS AN ADDITIONAL PLAINTIFF UNDER FRCP 19 and 20; APPLICATION FOR PRELIMINARY INJUNCTION Motion set for hearing on 7/9/2020 at 10:00 AM before Judge Douglas F. McCormick. (es) (Entered: 06/25/2020)

CERTIFICATE AND NOTICE of Interested Parties filed by Movant Wylmina Hettinga (es) Modified on 6/25/2020 (es). (Entered: 06/25/2020)

APPLICATION for Pro Se Litigant to electronically file documents in a specific case filed by Movant Wylmina Hettinga. (es) Modified on 6/25/2020 (es). (Entered: 06/25/2020)

STIPULATION for Extension of Time to File Response to First Amended Complaint filed by Defendant The State of California. (Attachments: # 1 Proposed Order)(Boutin, Gabrielle) (Entered: 06/25/2020)

MINUTES (IN CHAMBERS) Order Denying Motion for Leave to Join as an Additional Plaintiff under FRCP 19 and 20 (Dkt. 25) by Magistrate Judge Douglas F. McCormick: *See document for details.* (es) (Entered: 06/25/2020)

Notice of Withdrawal as Counsel - Joseph Byrne (Dunn, Jeffrey) (Entered: 06/26/2020)

Notice of Withdrawal of Miscellaneous Document 29 filed by defendant The City of Colton. (Dunn, Jeffrey) (Entered: 06/26/2020)

REPLY support First APPLICATION for Preliminary Injunction re Allowing signature gatherers or alternative relief . Motion 19 filed by Plaintiff Ask A Ronald. (Attorney Ronald William Ask added to party Ask A Ronald(pty:pla))(Ask, Ronald) (Entered: 06/30/2020)

MINUTE ORDER (In Chambers) Order Re First Application for Preliminary Injunction 19 by Magistrate Judge Douglas F. McCormick: This case has been assigned to this Court for all preliminary matters. See Dkt. 9. Plaintiff has filed a motion for a preliminary injunction. See Dkt. 19. The Court has reviewed the motion papers, oppositions, and reply. The Court determines that oral argument will not be necessary. See Local Rule 7-15. The hearing noticed for July 9, 2020, is accordingly VACATED. The matter is under submission. Under 28 U.S.C. ยง 636(b)(l)(B), the Court will prepare Proposed Findings and Recommendation for the District Judge. (es) (Entered: 07/01/2020)

ORDER ADOPTING STIPULATION TO EXTEND TIME TO RESPOND TO FIRST AMENDED COMPLAINT 24, by Magistrate Judge Douglas F. McCormick. Defendant's time to respond to the First Amended Complaint is extended by 15 days and shall now be due on July 15, 2020. (es) (Entered: 07/01/2020)

Defendant State of California's Objections to Plaintiff's Evidence Filed with Reply Brief in Support of Application for Preliminary Injunction Objection re: First APPLICATION for Preliminary Injunction re Allowing signature gatherers or alternative relief . Motion 19 and Plaintiff's Reply in Support of Application for Preliminary Injunction 31 filed by Defendant The State of California. (Boutin, Gabrielle) (Entered: 07/06/2020)

NOTICE OF FILING REPORT AND RECOMMENDATION by Magistrate Judge Douglas F. McCormick. Objections to R&R due by 7/29/2020. (nbo) (Entered: 07/09/2020)

REPORT AND RECOMMENDATION issued by Magistrate Judge Douglas F. McCormick. Re First APPLICATION for Preliminary Injunction re Allowing signature gatherers or alternative relief 19 . Accordingly, IT IS RECOMMENDED that Plaintiffs Application for a Preliminary Injunction be DENIED. Under 28 U.S.C. ยง 636(b)(1), Plaintiff may file and serve any written objections within fourteen days of service of this Report and Recommendation. (nbo) (Entered: 07/09/2020)

AMENDED NOTICE OF FILING REPORT AND RECOMMENDATION by Magistrate Judge Douglas F. McCormick. Objections to R&R due by 7/23/2020. (nbo) (Entered: 07/09/2020)

NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction the First Amended Complaint filed by Defendant The State of California. Motion set for hearing on 8/13/2020 at 10:00 AM before Judge Fernando M. Olguin. (Attachments: # 1 Memorandum, # 2 Request for Judicial Notice) (Boutin, Gabrielle) (Entered: 07/15/2020)

Opposition In Opposition re: NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction the First Amended Complaint 38 filed by Plaintiffs Ben Eilenberg, Ask A Ronald. (Attorney Ronald William Ask added to party Ben Eilenberg(pty:pla))(Ask, Ronald) (Entered: 07/27/2020)

Order Accepting Report and Recommendation of United States Magistrate Judge by Judge Fernando M. Olguin: IT IS THEREFORE ORDERED that Plaintiff's First Application for a Preliminary Injunction is DENIED. 19 (es) (Entered: 07/30/2020)

RESPONSE IN SUPPORT of NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction the First Amended Complaint 38 filed by Defendant The State of California. (Boutin, Gabrielle) (Entered: 07/30/2020)

(IN CHAMBERS) Order Granting Plaintiff's Request for Leave to Amend by Magistrate Judge Douglas F. McCormick: Considering Plaintiff's request for leave to amend in his opposition to the State's motion to dismiss, the Court accordingly instructs Plaintiff to file, within fourteen (14) days of the date of this Order, a motion for leave to amend in conformance with Fed. R. Civ. P. 15 and Local Rule 15. If Plaintiff's motion for leave to amend is granted, the Court will simultaneously deny the instant motion to dismiss as moot. [See document for details.] (es) (Entered: 08/06/2020)

JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 3-5 days, filed by Defendant The City of Colton.. (Dunn, Jeffrey) (Entered: 08/10/2020)

NOTICE OF FILING REPORT AND RECOMMENDATION by Magistrate Judge Douglas F. McCormick. Objections to R&R due by 10/5/2020. (nbo) (Entered: 09/21/2020)

REPORT AND RECOMMENDATION issued by Magistrate Judge Douglas F. McCormick Re NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction the First Amended Complaint 38 . IT IS RECOMMENDED that the District Judge issue an Order: (1) accepting this Report and Recommendation; (2) granting the States Motion to Dismiss; and (3) dismissing all claims against the State with prejudice. Under 28 U.S.C. ยง 636(b)(1), the parties may file and serve any written objections within fourteen days of service of this Report and Recommendation. (nbo) (Entered: 09/21/2020)

MINUTES (IN CHAMBER) Order to Show by Magistrate Judge Douglas F. McCormick: Accordingly, within twenty-eight (28) days of the date of this order, Plaintiffs are ORDERED to either: (a) show good cause in writing why they have not served the First Amended Complaint; or (b) serve and file the Complaint in compliance with the Federal Rules of Civil Procedure. Plaintiffs are expressly forewarned that failure to comply will result in a recommendation of dismissal of the claims against San Bernardino County without prejudice. (See document for details.) (es) (Entered: 10/09/2020)

Order Accepting Report and Recommendation of United States Magistrate Judge by Judge Fernando M. Olguin: IT IS THEREFORE ORDERED that the State of California's Motion to Dismiss is granted, and all claims against the State of California are dismissed with prejudice. (es) (Entered: 10/13/2020)

CASE MANAGEMENT AND SCHEDULING ORDER by Magistrate Judge Douglas F. McCormick. [SEE DOCUMENT FOR DETAILS AND DEADLINES.] (es) (Entered: 10/22/2020)

NOTICE OF FILING REPORT AND RECOMMENDATION by Magistrate Judge Douglas F. McCormick. Objections to R&R due by 12/14/2020. (nbo) (Entered: 11/24/2020)

REPORT AND RECOMMENDATION issued by Magistrate Judge Douglas F. McCormick Re Complaint (Attorney Civil Case Opening), 1 . IT IS RECOMMENDED that the District Judge issue an Order: (1) accepting this Report and Recommendation; and (2) directing that Plaintiffs claims against the County of San Bernardino be dismissed. Objections to R&R due by 12/14/2020. (nbo) (Entered: 11/24/2020)

STATUS REPORT filed by Defendant The City of Colton. (Dunn, Jeffrey) (Entered: 01/21/2021)

Judgment on the Pleadings

Order Accepting Report and Recommendation of United States Magistrate Judge 50 by Judge Fernando M. Olguin. IT IS THEREFORE ORDERED that all claims against the County of San Bernardino are dismissed. (es) (Entered: 02/12/2021)

SCHEDULING NOTICE by Magistrate Judge Douglas F. McCormick. The hearing on the MOTION for Judgment on the Pleadings 51, scheduled for February 23, 2021 at 10:00 A.M., is hereby VACATED and taken off calendar. No appearances are necessary. The matter stands submitted, and will be decided upon without oral argument. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (nbo) TEXT ONLY ENTRY (Entered: 02/18/2021)

Text Only Scheduling Notice

NOTICE OF FILING REPORT AND RECOMMENDATION by Magistrate Judge Douglas F. McCormick. Objections to R&R due by 4/1/2021. (nbo) (Entered: 03/12/2021)

REPORT AND RECOMMENDATION issued by Magistrate Judge Douglas F. McCormick Re Complaint (Attorney Civil Case Opening), 1 . IT IS RECOMMENDED that the District Judge issue an Order (1) accepting this Report and Recommendation; (2) directing that Plaintiffs claims against the City of Colton be dismissed with prejudice; and (3) entering Judgment closing this case. Objections to R&R due by 4/1/2021. (nbo) (Entered: 03/12/2021)

Order Accepting Report and Recommendation of United States 56 Magistrate Judge by Judge Fernando M. Olguin. IT IS THEREFORE ORDERED that Defendant City of Colton's Motion for Judgment on the Pleadings is GRANTED, Plaintiff's claims against the City of Colton are DISMISSED WITH PREJUDICE, and that Judgment be entered closing this case. (es) (Entered: 04/13/2021)

JUDGMENT by Judge Fernando M. Olguin. Pursuant to the Court's Order Accepting the Report and Recommendation of United States Magistrate Judge, IT IS ADJUDGED that this action is dismissed with prejudice. 57 (MD JS-6, Case Terminated). (es) (Entered: 04/13/2021)