Case: Fugazi v. Padilla

Healthy Elections Project

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

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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)

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)

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

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2 Proposed Order

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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)

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)

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)

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)

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

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

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

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)

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)

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)

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)

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)

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)

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

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

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

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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

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)

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)

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)

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)

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

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

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)

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)

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

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)

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

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)

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)

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)

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

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)

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

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

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)

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).