Case: Fugazi v. Padilla

2:20-cv-00970 | U.S. District Court for the Eastern District of California

Filed Date: May 12, 2020

Closed Date: Oct. 29, 2020

Clearinghouse coding complete

Case Summary

This is a case about voting accessibility in light of the COVID-19 pandemic. On May 12, 2020, the plaintiffs filed this putative class action in the U.S. District Court for the Eastern District of California against the Secretary of State of California and the San Joaquin County Registrar of Votes. The plaintiffs, 36 individuals registered to vote in San Joaquin County, sued under the Voting Rights Act, the National Voter Registration Act, the Americans with Disabilities Act, as well as the Fir…

This is a case about voting accessibility in light of the COVID-19 pandemic. On May 12, 2020, the plaintiffs filed this putative class action in the U.S. District Court for the Eastern District of California against the Secretary of State of California and the San Joaquin County Registrar of Votes. The plaintiffs, 36 individuals registered to vote in San Joaquin County, sued under the Voting Rights Act, the National Voter Registration Act, the Americans with Disabilities Act, as well as the First and Fourteenth Amendments to the United States Constitution. Represented by private counsel, the plaintiffs asked for injunctive and declaratory relief on behalf of themselves and others similarly situated.

In the March 3, 2020 presidential primary election in San Joaquin County, voters were permitted to vote by mail and were to be given the opportunity to cure any deficiencies in their mail-in ballots in order for them to be counted. The plaintiffs in this case claimed that they were not given notice of their right to cure their ballots prior to April 5, 2020, when the election results were certified. They further claimed that the election was certified prematurely in defiance of the extended voting deadline allowed by a California executive order issued because of the COVID-19 pandemic. As a result, the plaintiffs claimed that they were deprived of their right to vote in the primary election, and asked for remediation of the March 2020 election and improved procedures for future 2020 elections. 

The lawsuit was assigned to Chief District Judge Kimberly J. Mueller. One plaintiff, a candidate for California Assembly District 13 ("the candidate"), came in third place in the primary election, and as a result was edged out of advancing to the general election. The second-place finisher for this assembly seat, who was separated from the candidate by only 22 votes as of the date the complaint was filed, filed a motion to join the case as a defendant. Judge Mueller granted this motion on May 19. 

Prior to bringing this lawsuit, the candidate had requested the government begin a recount. After the lawsuit was filed, the plaintiffs asked the court for an order enjoining the County from completing the recount without including the ballots of voters who voted by mail and submitted verification in accordance with the extended deadline permitted by the Governor’s executive order. Judge Mueller denied this request in late May 2020, stating that the plaintiffs had not met their burden of showing clear and convincing evidence that they were likely to succeed on their claim. 2020 WL 2615742.

In July 2020, the government filed a motion to dismiss the lawsuit, arguing that the plaintiffs lacked standing to bring their claims. The court granted this motion in October 2020, dismissing the case. Judge Mueller stated that the plaintiffs' claims were moot because the candidate had abandoned her recount request and because ballots for the November general election had already been printed. 2020 WL 6342959.

The case ended with the district court decision. 

Summary Authors

Jane Fisher (2/3/2022)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/17178219/parties/fugazi-v-padilla/


Judge(s)

Claire, Allison (California)

Mueller, Kimberly Jo (California)

Attorneys(s) for Plaintiff

Hastings, Charles L (California)

Ron, Natali A (California)

Sawyer, Allen (California)

Attorneys(s) for Defendant

Anderson, Alan R Jr (California)

Skinnell, Christopher Elliot (California)

Woocher, Frederic D. (California)

Judge(s)

Claire, Allison (California)

Mueller, Kimberly Jo (California)

Attorneys(s) for Plaintiff

Hastings, Charles L (California)

Ron, Natali A (California)

Sawyer, Allen (California)

Attorneys(s) for Defendant

Anderson, Alan R Jr (California)

Skinnell, Christopher Elliot (California)

Woocher, Frederic D. (California)

Documents in the Clearinghouse

Document

2:20-cv-00970

Docket [PACER]

Oct. 29, 2020

Oct. 29, 2020

Docket
1

2:20-cv-00970

Complaint for Injunctive and Declaratory Relief and for Writ of Mandate

May 12, 2020

May 12, 2020

Complaint
22

2:20-cv-00970

Order

2020 WL 2539286

May 19, 2020

May 19, 2020

Order/Opinion
27

2:20-cv-00970

Order

2020 WL 2615742

May 22, 2020

May 22, 2020

Order/Opinion
41

2:20-cv-00970

First Amended Complaint for Injunctive and Declaratory Relief

June 30, 2020

June 30, 2020

Complaint
61

2:20-cv-00970

Order

2020 WL 6342959

Oct. 29, 2020

Oct. 29, 2020

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/17178219/fugazi-v-padilla/

Last updated Aug. 12, 2022, 3:05 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against All Defendants by Christina Fugazi, et al., Attorney Ron, Natali Ann added. (Filing fee $ 400, receipt number 0972-8887544) (Attachment: # 1 Civil Cover Sheet) (Ron, Natali) (Entered: 05/12/2020)

1 Civil Cover Sheet

View on PACER

May 12, 2020

May 12, 2020

Clearinghouse
2

SUMMONS ISSUED as to *Melinda Dubroff, Alex Padilla* with answer to complaint due within *21* days. Attorney *Natali Ann Ron* *Law Office of Hastings & Ron* *4568 Feather River Dr., Suite A* *Stockton, CA 95219*. (Benson, A.) (Entered: 05/13/2020)

May 13, 2020

May 13, 2020

PACER
3

CIVIL NEW CASE DOCUMENTS ISSUED; Initial Scheduling Conference set for 9/24/2020 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: 05/13/2020)

May 13, 2020

May 13, 2020

PACER
4

EX PARTE APPLICATION FOR TEMPORARY RESTRAINING ORDER filed by Christina Fugazi. (Attachments: # 1 Declaration, # 2 Proposed Order)(Ron, Natali) (Docket Text Modified on 5/14/2020 by M. York, and C. Schultz) (Entered: 05/13/2020)

1 Declaration

View on PACER

2 Proposed Order

View on PACER

May 13, 2020

May 13, 2020

RECAP
5

REQUEST for JUDICIAL NOTICE by Christina Fugazi in re 4 Ex Parte for TRO. (Attachments: # 1 Declaration)(Ron, Natali) Modified on 5/14/2020 (York, M). (Entered: 05/14/2020)

May 14, 2020

May 14, 2020

PACER
6

MINUTE ORDER issued by Courtroom Deputy C. Schultz for Chief District Judge Kimberly J. Mueller ORDERING a Telephonic Motion Hearing as to Plaintiffs' Ex Parte Application for Temporary Restraining Order, ECF No. 4, SET for 5/19/2020 at 10:00 AM. Defendants may file a response to Plaintiffs' Ex Parte Application no later than 5:00 PM on Friday, 5/15/2020, and Plaintiffs may file a Reply, if any, no later than 5:00 PM on Monday, 5/18/2020. Plaintiffs are directed to serve a copy of this Minute Order on Defendants not yet appearing, and file proof of service. Conference call instructions will be emailed to counsel. (Text Only Entry)(Schultz, C) (Entered: 05/14/2020)

May 14, 2020

May 14, 2020

PACER
7

EX PARTE APPLICATION to be JOINED as Defendant or, in the Alternative, for Intervention by Kathy Miller. (Attachments: # 1 Declaration of Woocher)(Woocher, Fredric) (Entered: 05/15/2020)

May 15, 2020

May 15, 2020

PACER
8

OPPOSITION by Defendant Alex Padilla to 4 Ex Parte Application for TRO. Attorney Anderson, Alan R. added. (Anderson, Alan) Modified on 5/18/2020 (Zignago, K.). (Entered: 05/15/2020)

May 15, 2020

May 15, 2020

PACER
9

OPPOSITION by Intervenor Defendant Kathy Miller to 4 Ex Parte Application for TRO. (Woocher, Fredric) (Entered: 05/15/2020)

May 15, 2020

May 15, 2020

PACER
10

OPPOSITION by Melinda Dubroff to 4 Ex Parte Application for TRO. Attorney Skinnell, Christopher Elliott added. (Skinnell, Christopher) (Entered: 05/15/2020)

May 15, 2020

May 15, 2020

PACER
11

DECLARATION of Melinda Dubroff in support of 10 Opposition. (Attachments: # 1 Exhibit Letter Sent to Voters)(Skinnell, Christopher) (Entered: 05/15/2020)

May 15, 2020

May 15, 2020

PACER
12

REQUEST for JUDICIAL NOTICE by Kathy Miller re Opposition to Plaintiff Fugazi's 4 Ex Parte Application for TRO. (Woocher, Fredric) Modified on 5/18/2020 (Zignago, K.). (Entered: 05/15/2020)

May 15, 2020

May 15, 2020

PACER
13

REQUEST for JUDICIAL NOTICE by Melinda Dubroff in re 10 Opposition to Ex Parte Application for TRO. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Declaration of Christopher E. Skinnell)(Skinnell, Christopher) Modified on 5/18/2020 (Zignago, K.). (Entered: 05/15/2020)

May 15, 2020

May 15, 2020

PACER
14

MINUTE ORDER issued by Courtroom Deputy C. Schultz for Chief District Judge Kimberly J. Mueller: On the court's own motion, a Telephonic Hearing re: Proposed Intervenor-Defendant Kathy Millers Ex Parte Application to be Joined as Defendant, or in the Alternative for Intervention, ECF No. 7, is SET for Tuesday, 5/19/2020 at 10:00 AM. Conference call instructions will be emailed to counsel. (Text Only Entry)(Schultz, C) (Entered: 05/18/2020)

May 18, 2020

May 18, 2020

PACER
15

MINUTE ORDER issued by Courtroom Deputy C. Schultz for Chief District Judge Kimberly J. Mueller: The Telephonic Motion Hearing as to the pending Ex Parte Applications, ECF Nos. 4 and 7, set for Tuesday, 5/19/2020 at 10:00 AM before Chief District Judge Kimberly J. Mueller is converted to a video conference. Hearing access information will be provided to counsel. (Text Only Entry)(Schultz, C) (Entered: 05/18/2020)

May 18, 2020

May 18, 2020

PACER
16

REPLY by Christina Fugazi to response to 4 Ex Parte Application for TRO. (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 Objection Letter)(Sawyer, Neat) Modified on 5/20/2020 (Zignago, K.). (Entered: 05/18/2020)

May 18, 2020

May 18, 2020

PACER
17

OPPOSITION by Christina Fugazi to 7 Ex Parte Application to be Joined as Defendant. (Sawyer, Neat) Modified on 5/20/2020 (Zignago, K.). (Entered: 05/18/2020)

May 18, 2020

May 18, 2020

PACER
18

OBJECTIONS by Intervenor Defendant Kathy Miller to 16 Reply to Response to Motion,. (Woocher, Fredric) (Entered: 05/18/2020)

May 18, 2020

May 18, 2020

PACER
19

OBJECTIONS by Defendant Melinda Dubroff to 16 Reply to Response to Motion,. (Skinnell, Christopher) (Entered: 05/19/2020)

May 19, 2020

May 19, 2020

PACER
20

RESPONSE by Melinda Dubroff to 16 Reply to Response to Motion,. (Skinnell, Christopher) (Entered: 05/19/2020)

May 19, 2020

May 19, 2020

PACER
21

MINUTES for MOTION HEARING held via video conference on 5/19/2020 before Chief District Judge Kimberly J. Mueller. Attorneys, N. Allen Sawyer and Natali Ron, present for Plaintiffs. Attorney, Alan Anderson, present for Defendant Alex Padilla. Attorney, Christopher Skinnell, present for Defendant Melinda Dubroff. Attorney, Fredric Woocher, present for Proposed Defendant-Intervenor Kathy Miller. The court heard oral argument as to Plaintiffs' Ex Parte Application for Temporary Restraining Order, ECF No. 4, and Proposed Defendant-Intervenor's Ex Parte Application to be Joined as a Defendant, ECF No. 7 . The court GRANTED Defendant Melinda Dubroff leave to file a sur-reply. Defendant's sur-reply shall be filed no later than 10:00 AM on 5/20/2020; whereupon, these matters will be submitted. A written order to issue. Court Reporter: Jennifer Coulthard. (Text Only Entry) (Schultz, C) (Entered: 05/19/2020)

May 19, 2020

May 19, 2020

PACER
22

ORDER signed by Chief District Judge Kimberly J. Mueller on 05/19/2020 GRANTING 7 Ex Parte Application. Kathy Miller is added as Defendant under FRCP 19(a)(2). (Andrews, P) Modified on 5/20/2020 (Donati, J). (Entered: 05/19/2020)

May 19, 2020

May 19, 2020

Clearinghouse
23

SUR-REPLY, filed by Registrar of Voters', in Opposition to Plaintiffs' Reply, ECF No. 16 . (Skinnell, Christopher) (Docket Text Modified on 5/20/2020 by C. Schultz) (Entered: 05/20/2020)

May 20, 2020

May 20, 2020

PACER
24

SUPPLEMNTAL DECLARATION of Melinda Dubroff in support of Registrar of Voters' Sur-Reply, ECF No. 23 . (Attachments: # 1 Exhibit A - Log of Affected Voters, # 2 Exhibit B - Notice re Available County Services)(Skinnell, Christopher) (Docket Text Modified on 5/20/2020 by C. Schultz) (Entered: 05/20/2020)

May 20, 2020

May 20, 2020

PACER
25

DECLARATION of Virginia Magathen in support of Registrar of Voters' Sur-Reply, ECF No. 23 . (Attachments: # 1 Exhibit A - Log of Voters Contacted by Phone)(Skinnell, Christopher) (Docket Text Modified on 5/20/2020 by C. Schultz) (Entered: 05/20/2020)

May 20, 2020

May 20, 2020

PACER
26

NOTICE of ERRATA by Melinda Dubroff re 24 Supplemental Declaration. (Attachments: # 1 Exhibit C - Notice of Schedule & Costs)(Skinnell, Christopher) Modified on 5/21/2020 (Zignago, K.). (Entered: 05/20/2020)

May 20, 2020

May 20, 2020

PACER
27

ORDER signed by Chief District Judge Kimberly J. Mueller on 5/22/2020 DENYING Without Prejudice 4 Motion for temporary restraining order, to the filing of a motion for a preliminary injunction and seeking in connection with any such motion expedited discovery. (Reader, L) (Entered: 05/22/2020)

May 22, 2020

May 22, 2020

Clearinghouse
28

EX PARTE APPLICATION (Draft) to Shorten Time to Hear Motion for Preliminary Injunction by Christina Fugazi. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Ron, Natali) (Docket Text Modified on 5/29/2020 by L. Reader, and on 6/2/2020 by C. Schultz) (Entered: 05/29/2020)

May 29, 2020

May 29, 2020

PACER
29

AMENDED EX PARTE APPLICATION to Shorten Time to Hear Motion for Preliminary Injunction(Amending ECF No. 28 to Clarify Reference to Exhibits) filed by Christina Fugazi. (Ron, Natali) (Docket Text Modified on 6/2/2020 by C. Schultz) (Entered: 05/29/2020)

May 29, 2020

May 29, 2020

PACER
30

OPPOSITION by Melinda Dubroff to 28 Motion to Shorten Time, 29 Amended Motion to Shorten Time. (Skinnell, Christopher) Modified on 6/1/2020 (Reader, L). (Entered: 06/01/2020)

June 1, 2020

June 1, 2020

PACER
31

DECLARATION of Christopher E. Skinnell in opposition to 28 Motion to Shorten Time, 29 Amended Motion to Shorten Time. (Attachments: # 1 Exhibit 1)(Skinnell, Christopher) Modified on 6/1/2020 (Reader, L). (Entered: 06/01/2020)

June 1, 2020

June 1, 2020

PACER
32

OPPOSITION by Kathy Miller to 28 Motion to Shorten Time, 29 Amended Motion to Shorten Time. (Woocher, Fredric) Modified on 6/1/2020 (Reader, L). (Entered: 06/01/2020)

June 1, 2020

June 1, 2020

PACER
33

MINUTE ORDER issued by Courtroom Deputy C. Schultz for Chief District Judge Kimberly J. Mueller: Plaintiffs may file a reply to Defendants Opposition, no later than 5:00 PM on Wednesday, 6/3/2020, addressing whether the election recount ended on June 1 and, if it did, on what grounds the court would reach the pending motion for preliminary injunction. (Text Only Entry)(Schultz, C) (Entered: 06/02/2020)

June 2, 2020

June 2, 2020

PACER
34

REPLY by Christina Fugazi re 30 Opposition to Motion, 32 Opposition to Motion. (Attachments: # 1 Declaration, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit)(Ron, Natali) (Entered: 06/03/2020)

June 3, 2020

June 3, 2020

PACER
35

MINUTE ORDER issued by Courtroom Deputy C. Schultz for Chief District Judge Kimberly J. Mueller: A Videoconference Hearing as to Plaintiffs' Ex Parte Application for Preliminary Injunction Order, ECF No. 29, is SET for 6/9/2020 at 1:30 PM before Chief District Judge Kimberly J. Mueller. Defendants may file a surreply to Plaintiffs' Reply, ECF No. 34, no later than 5:00 PM on Monday, 6/8/2020. Hearing access instructions will be emailed to counsel. (Text Only Entry)(Schultz, C) (Entered: 06/05/2020)

June 5, 2020

June 5, 2020

PACER
36

SURREPLY by Kathy Miller re 34 Reply, 29 Motion to Shorten Time. (Woocher, Fredric) Modified on 6/9/2020 (Zignago, K.). (Entered: 06/08/2020)

June 8, 2020

June 8, 2020

PACER
37

SURREPLY by Melinda Dubroff re 34 Reply, 29 Motion to Shorten Time. (Attachments: # 1 Third Declaration of Melinda Dubroff, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Declaration of Ronda Patrick, # 6 Declaration of Jessica Martinez, # 7 Objection Letter to Plaintiffs' Declarations)(Skinnell, Christopher) Modified on 6/9/2020 (Zignago, K.). (Entered: 06/08/2020)

June 8, 2020

June 8, 2020

PACER
38

MINUTES for MOTION HEARING held via video conference before Chief District Judge Kimberly J. Mueller on 6/9/2020. Attorneys, N. Allen Sawyer and Natali Ron, present for Plaintiffs. Attorney, Alan Anderson, Jr., present for Defendant Alex Padilla. Attorney, Christopher Skinnell, present for Defendant Melinda Dubroff. Attorney, Fredric Woocher, present for Defendant Kathy Miller. Attorney, Robbie Anderson, present and monitoring the proceedings for the Secretary of State for the State of California. The court and counsel discussed Plaintiffs' Motion for Preliminary Injunction, ECF No. 29 . After careful consideration of the parties' comments and for the reasons as stated on the record, the Motion was DENIED as MOOT. The court GRANTED Plaintiffs leave to file an amended complaint, and directed the parties file a stipulated proposed briefing schedule for moving the case forward on an amended complaint. The parties' stipulation and proposed briefing schedule shall be filed within seven (7) days. Court Reporter: Jennifer Coulthard. (Text Only Entry) (Schultz, C) (Entered: 06/09/2020)

June 9, 2020

June 9, 2020

PACER
39

STIPULATION and (Proposed) Order re: Briefing and Discovery filed by Christina Fugazi. (Ron, Natali) (Docket Text Modified on 6/17/2020 by C. Schultz) (Entered: 06/16/2020)

June 16, 2020

June 16, 2020

PACER
40

MINUTE ORDER issued by Courtroom Deputy C. Schultz for Chief District Judge Kimberly J. Mueller: The parties' Stipulation, ECF No. 39, regarding briefing schedule and discovery is GRANTED. Plaintiffs first amended complaint shall be filed and served no later than June 30, 2020, and Defendants' responsive pleadings shall be filed and served no later than July 21, 2020. (Text Only Entry) (Schultz, C) (Entered: 06/17/2020)

June 17, 2020

June 17, 2020

PACER
41

FIRST AMENDED COMPLAINT against All Defendants by Christina Fugazi.(Sawyer, Neat) (Entered: 06/30/2020)

June 30, 2020

June 30, 2020

Clearinghouse
42

TRANSCRIPT REQUEST by Melinda Dubroff for proceedings held on 6/9/20 before Judge Mueller. Court Reporter Jennifer Coulthard. (Skinnell, Christopher) (Entered: 07/06/2020)

July 6, 2020

July 6, 2020

PACER
43

TRANSCRIPT of Proceedings Plaintiff's application for preliminary injunction held on 6/9/20, before Chief District Judge Kimberly J. Mueller, filed by Jennifer Coulthard, Phone number 530-537-9312 E-mail jenrmrcrr2@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction must be filed within 5 court days. Redaction Request due 8/3/2020. Redacted Transcript Deadline set for 8/13/2020. Release of Transcript Restriction set for 10/13/2020. (Coulthard, J) (Entered: 07/12/2020)

July 12, 2020

July 12, 2020

PACER
44

MOTION to DISMISS by Melinda Dubroff. Motion Hearing set for 9/25/2020 at 10:00 AM in Courtroom 3 (KJM) before Chief District Judge Kimberly J. Mueller. (Skinnell, Christopher) (Entered: 07/21/2020)

July 21, 2020

July 21, 2020

RECAP
45

MOTION to STRIKE First Amended Complaint, or in the Alternative for a More Definite Statement by Kathy Miller. Motion Hearing set for 9/25/2020 at 10:00 AM in Courtroom 3 before Chief District Judge Kimberly J. Mueller. (Woocher, Fredric) Modified on 7/22/2020 (Zignago, K.). (Entered: 07/21/2020)

July 21, 2020

July 21, 2020

PACER
46

MEMORANDUM by Kathy Miller in Support of 45 Motion to Strike. (Woocher, Fredric) (Entered: 07/21/2020)

July 21, 2020

July 21, 2020

PACER
47

DECLARATION of Fredric Woocher in Support of 45 Motion to Strike. (Woocher, Fredric) (Entered: 07/21/2020)

July 21, 2020

July 21, 2020

PACER
48

JOINDER by Alex Padilla in re 44 Motion to Dismiss filed by Melinda Dubroff. (Anderson, Alan) Modified on 7/22/2020 (Zignago, K.). (Entered: 07/21/2020)

July 21, 2020

July 21, 2020

PACER
49

MINUTE ORDER issued by Courtroom Deputy C. Schultz for Chief District Judge Kimberly J. Mueller: On the court's own motion, the Status (Pretrial Scheduling) Conference set for 9/24/2020 is VACATED and RESET for 9/25/2020 at 10:00 AM before Chief District Judge Kimberly J. Mueller, with the filing of a joint status report due fourteen (14) days prior. (Text Only Entry) (Schultz, C) (Entered: 07/23/2020)

July 23, 2020

July 23, 2020

PACER
50

OPPOSITION to 44 Motion to Dismiss by Christina Fugazi. (Sawyer, Neat) Modified on 8/31/2020 (Kaminski, H). (Entered: 08/28/2020)

Aug. 28, 2020

Aug. 28, 2020

RECAP
51

MINUTE ORDER issued by Courtroom Deputy C. Schultz for Chief District Judge Kimberly J. Mueller: On the court's own motion, the Status (Pretrial Scheduling) Conference and Motion Hearing as to Defendant Registrar's Motion to Dismiss, ECF No. 44, and Defendant Kathy Miller's Motion to Strike, ECF No. 45 set for 9/25/2020 is RESET for 10/16/2020 at 10:00 AM before Chief District Judge Kimberly J. Mueller. Remaining motion related briefing deadlines are reset as provided by Local Rule 230. The parties shall file a joint status report no less than fourteen days prior to the new date of the status conference. (Text Only Entry)(Schultz, C) (Entered: 09/03/2020)

Sept. 3, 2020

Sept. 3, 2020

PACER
52

AMENDED 50 OPPOSITION to 44 Motion to Dismiss by All Plaintiffs. (Sawyer, Neat) Modified on 9/8/2020 (Huang, H). (Entered: 09/07/2020)

Sept. 7, 2020

Sept. 7, 2020

PACER
53

MOTION to ADVANCE HEARING DATE re 44 Motion to Dismiss and 45 Motion to Strike by All Plaintiffs. (Sawyer, Neat) Modified on 9/8/2020 (Huang, H). (Entered: 09/07/2020)

Sept. 7, 2020

Sept. 7, 2020

PACER
54

MINUTE ORDER issued by Courtroom Deputy C. Shultz for Chief District Judge Kimberly J. Mueller: Plaintiff's Request to Advance Hearing Date, ECF No. 53, is DENIED without prejudice. Before any refiling, Plaintiff is cautioned to fully comply with this court's standing order, including by meeting and conferring with opposing counsel. Any refiling must be properly supported and comply with all applicable rules. (Text Only Entry) (Schultz, C) (Entered: 09/10/2020)

Sept. 10, 2020

Sept. 10, 2020

PACER
55

DECLARATION of Allen Sawyer and REQUEST to advance hearing date in support of 53 Motion to Shorten Time. (Attachments: # 1 Exhibit)(Sawyer, Neat) Modified on 9/16/2020 (Reader, L). (Entered: 09/15/2020)

Sept. 15, 2020

Sept. 15, 2020

PACER
56

JOINT STATUS REPORT by Melinda Dubroff. (Skinnell, Christopher) (Entered: 10/02/2020)

Oct. 2, 2020

Oct. 2, 2020

PACER
57

REPLY by Melinda Dubroff re 44 Motion to Dismiss. (Attachments: # 1 Declaration (4th) of Melinda Dubroff, # 2 Exhibit 1 - Election Calendar, # 3 Exhibit 2 - Assembly Bill 860, # 4 Exhibit 3 - Senate Bill 423, # 5 Exhibit 4 - Updated Online Cure Notices)(Skinnell, Christopher) (Entered: 10/09/2020)

Oct. 9, 2020

Oct. 9, 2020

PACER
58

REPLY by Kathy Miller re 44 Motion to Dismiss. (Woocher, Fredric) (Entered: 10/09/2020)

Oct. 9, 2020

Oct. 9, 2020

PACER
59

REPLY by Kathy Miller re 45 Motion to Strike,. (Woocher, Fredric) (Entered: 10/09/2020)

Oct. 9, 2020

Oct. 9, 2020

PACER
60

MINUTES for MOTION HEARING held via video conference before Chief District Judge Kimberly J. Mueller on 10/16/2020. Attorneys, N. Allen Sawyer and Natali Ron, present for Plaintiffs. Attorney, A. Robbie Anderson, Jr., present for Defendant Alex Padilla. Attorney, Christopher Skinnell, present for Defendant Melinda Dubroff. Attorney, Fredric Woocher, present for Defendant Kathy Miller. After hearing oral argument as to the pending Motion to Dismiss, ECF No. 44, and Motion to Strike, or in the Alternative for a More Definite Statement, ECF No. 45, the court SUBMITTED the matters. A written order will issue. The court advised the parties, it will let them know if it intends to schedule the case further. Court Reporter: Tiphanne Crowe. (Text Only Entry) (Schultz, C) (Entered: 10/16/2020)

Oct. 16, 2020

Oct. 16, 2020

PACER
61

ORDER signed by Chief District Judge Kimberly J. Mueller on 10/28/2020 GRANTING 44 Motion to Dismiss without leave to amend and DENYING AS MOOT 45 Motion to Strike. (Coll, A) Modified on 10/30/2020 (Coll, A). (Entered: 10/29/2020)

Oct. 29, 2020

Oct. 29, 2020

RECAP

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 12, 2020

Closing Date: Oct. 29, 2020

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Voters registered to vote in the San Joaquin County in California as of March 3, 2020, who did not vote in person on March 3, 2020.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Mooted before ruling

Defendants

Secretary of State (California), State

County Registrar of Voters (San Joaquin), County

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

National Voter Registration Act ("Motor Voter law"), 52 U.S.C. § 20501 (previously 42 U.S.C. § 1973gg)

42 U.S.C. § 1983

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

Voting Rights Act, section 2, 52 U.S.C. § 10301 (previously 42 U.S.C. § 1973)

State law

Constitutional Clause(s):

Freedom of speech/association

Equal Protection

Availably Documents:

Trial Court Docket

Complaint (any)

Non-settlement Outcome

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

General:

Access to public accommodations - governmental

Voting

Voting access

Discrimination-basis:

Disability (inc. reasonable accommodations)

Disability:

disability, unspecified

Voting:

Election administration