Case: California Justice Committee v. Debra Bowen

California Justice Committee v. Bowen

California Justice Committee v. Bowen

COMPLAINT against Defendant Debra Bowen. Case assigned to Judge Percy Anderson for all further proceedings. Discovery referred to Magistrate Judge Alicia G. Rosenberg.(Filing fee $ 350:PAID), filed by plaintiffs Constitution Party of California, California Justice Committee, Jeff Norman, John Gabree, Charles Michel Deemer.(ghap) (Entered: 05/07/2012)

UNOPPOSED EX PARTE APPLICATION for Order Shortening Time for Hearing to 5/21/12 at 10:00 am, on Motion for Preliminary Injunction. filed by plaintiffs California Justice Committee, Constitution Party of California, Charles Michel Deemer, John Gabree, Jeff Norman. Lodged Order.(ghap) (Entered: 05/07/2012)

REQUEST FOR JUDICIAL NOTICE in Support of re EX PARTE APPLICATION to Shorten Time and Motion for Preliminary Injunction 2 filed by plaintiffs California Justice Committee, Constitution Party of California, Charles Michel Deemer, John Gabree, Jeff Norman. Lodged Order. (ghap) Modified on 5/7/2012 (ghap). (Entered: 05/07/2012)

DECLARATION of John Gabree in Support of re Motion for Preliminary Injunction and Ex Parte Application for Order Shortening Time 2 filed by Plaintiffs California Justice Committee, Constitution Party of California, Charles Michel Deemer, John Gabree, Jeff Norman. (ghap) Modified on 5/7/2012 (ghap). (Entered: 05/07/2012)

DECLARATION of Richard Winger In Support of re Motion for Preliminary Injunction and Ex Parte Application for Order Shortening Time 2 filed by Plaintiffs California Justice Committee, Constitution Party of California, Charles Michel Deemer, John Gabree, Jeff Norman. (ghap) (Entered: 05/07/2012)

DECLARATION of Jeff Norman in Support of re Motion for Preliminary Injunction and Ex Parte Application for Order Shortening Time 2 filed by Plaintiffs California Justice Committee, Constitution Party of California, Charles Michel Deemer, John Gabree, Jeff Norman. (ghap) (Entered: 05/07/2012)

DECLARATION of David Sapp in Support of re EX PARTE APPLICATION for Order Shortening Time 2 filed by Plaintiffs California Justice Committee, Constitution Party of California, Charles Michel Deemer, John Gabree, Jeff Norman. (ghap) (Entered: 05/07/2012)

DECLARATION of Charles Michel Deemer in Support of re Motion for Preliminary Injunction and Ex Parte Application for Order Shortening Time 2 filed by Plaintiffs California Justice Committee, Constitution Party of California, Charles Michel Deemer, John Gabree, Jeff Norman. (ghap) (Entered: 05/07/2012)

NOTICE of Interested Parties filed by Plaintiffs California Justice Committee, Constitution Party of California, Charles Michel Deemer, John Gabree, Jeff Norman. (ghap) (Entered: 05/07/2012)

NOTICE of Related Case(s) filed by plaintiffs California Justice Committee, Constitution Party of California, Charles Michel Deemer, John Gabree, Jeff Norman. Related Case(s): none indicated. (ghap) (Entered: 05/07/2012)

NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed.(ghap) (Entered: 05/07/2012)

NOTICE OF MOTION AND MOTION for Preliminary Injunction. Motion filed by Plaintiffs California Justice Committee, Constitution Party of California, Charles Michel Deemer, John Gabree, Jeff Norman. Motion set for hearing on 5/21/2012 at 01:30 PM before Judge Percy Anderson. (pso) (Entered: 05/16/2012)

21 DAY Summons Issued re Complaint - (Discovery) 1 as to Defendant Debra Bowen. (ghap)

STANDING ORDER by Judge Percy Anderson. READ THIS ORDER CAREFULLY. IT CONTROLS THE CASE AND DIFFERS IN SOME RESPECTS FROM THE LOCAL RULES. Refer to document for details of the Court's order. (pso) (Entered: 05/09/2012)

ORDER by Judge Percy Anderson: GRANTING 2 Ex Parte Application to Shorten Time for hearing on Plaintiffs' Motion for Preliminary Injunction. Motion set for hearing on 5/21/2012 at 01:30 PM. Oppositions must be filed and served by May 14, 2012. Plaintiffs' reply must be filed and served by May 17, 2012 at 4:30 p.m. (pso) (Entered: 05/09/2012)

MEMORANDUM in Opposition to Plaintiffs' Motion for Preliminary Injunction filed by Defendant Debra Bowen. (Attachments: # 1 Declaration Declaration of Jana M. Lean in Support of the Secretary of State's Memorandum of Points and Authorities in Opposition to Plaintiffs' Motion for Preliminary Injunction)(Powell, Daniel) (Entered: 05/14/2012)

PROOF OF SERVICE Executed by Plaintiff Constitution Party of California, California Justice Committee, Jeff Norman, John Gabree, Charles Michel Deemer, upon Defendant Debra Bowen served on 5/7/2012, answer due 5/28/2012. Service of the Summons and Complaint were executed upon Yolanda Sagarminaga, Senior Legal Analyst in compliance with Federal Rules of Civil Procedure by personal service. Original Summons NOT returned. (Sapp, David) (Entered: 05/14/2012)

REPLY in support of MOTION for Preliminary Injunction. Motion 16 and MODIFIED Proposed Order Granting Plaintiffs' Motion for Preliminary Injunction filed by Plaintiffs California Justice Committee, Constitution Party of California, Charles Michel Deemer, John Gabree, Jeff Norman. (Attachments: # 1 Supplement Declaration of David B. Sapp in Support of Plaintiffs' Motion for Preliminary Injunction, # 2 Proposed Order Granting Plaintiffs' Motion for Preliminary Injunction)(Sapp, David) (Entered: 05/17/2012)

PROOF OF SERVICE filed by plaintiffs California Justice Committee, Constitution Party of California, Charles Michel Deemer, John Gabree, Jeff Norman, re Reply (Motion related), Reply (Motion related), Reply (Motion related) 17 served on May 17, 2012. (Sapp, David) (Entered: 05/17/2012)

MINUTES OF IN CHAMBERS - COURT ORDER by Judge Percy Anderson: The Court grants Plaintiffs' Motion for Preliminary Injunction 16 . The Secretary of State is enjoined from enforcing against Plaintiffs the requirement in California Elections Code sections 5100(b) and 5100(c) that Plaintiffs must satisfy the party-qualification requirements at least 135 days prior to the primary election. Because Plaintiffs have requested that the Court issue the injunction without the posting of a bond, and the Secretary of State has not opposed that request, the Court concludes that no bond is necessary. In issuing this injunction, the Court declines, on this record, to impose an alternative deadline in advance of the November general election by which Plaintiffs must satisfy the numerosity requirements of sections 5100(b) or 5100(c). However, Plaintiffs do not have an unlimited amount of time to qualify for the November general election. Nothing in this Order precludes the Secretary of State from establishing an alternative deadline prior to the November general election. Nor does this Order alter or otherwise modify any other deadline related to the certification and preparation of election and ballot materials for the November general election contained within the California Elections Code or established by the Secretary of State. Court Reporter: Not Reported. (gk) (Entered: 05/22/2012)

ANSWER to Complaint - (Discovery), Complaint - (Discovery) 1 filed by Defendant Debra Bowen.(Smith, Susan) (Entered: 05/29/2012)

ORDER RE SCHEDULING MEETING OF COUNSEL [FRCP 16,26(f)] and SCHEDULING CONFERENCE by Judge Percy Anderson, set for 7/30/2012 at 10:30 A.M. Counsel for plaintiff shall immediately serve this Order on all parties, including any new parties to the action. (See order for details) (ys) (Entered: 06/05/2012)

NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Defendant's Answer filed 5/29/2012 20 . The following error(s) was found: Local Rule 7.1-1 No Certification of Interested Parties. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (gk) (Entered: 06/07/2012)

JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 1-2 days, filed by Defendant Debra Bowen.. (Smith, Susan) (Entered: 07/16/2012)

MINUTE ORDER IN CHAMBERS by Judge Percy Anderson: The Court has received the parties Joint 26(f) Report and finds that a Scheduling Conference is not necessary. The Scheduling Conference currently on calendar for Monday, July 30, 2012 at 10:30 a.m., is hereby vacated, and the matter taken off calendar. Bench Trial set for 10/16/2012 at 09:00 AM. Refer to document for details. (pso) (Entered: 07/24/2012)

CIVIL TRIAL ORDER by Judge Percy Anderson. This matter is set for trial before the Honorable Percy Anderson. The Court's procedures and requirements for civil trials are set forth in this order. Refer to document for details. (pso) (Entered: 07/24/2012)

SCHEDULING ORDER by Judge Percy Anderson. Bench Trial set for 10/16/2012 at 09:00 AM. Refer to document for details. (pso) (Entered: 07/24/2012)

NOTICE of Change of Assignment of Counsel Within Attorney General's Office filed by Defendant Debra Bowen. (Smith, Susan) (Entered: 07/25/2012)

NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice (Other) 27 . The following error(s) was found: Incorrect event selected. The correct event is: Other Filings/Notices/Appearance. Correct specific event to add appearance of counsel is: Notices/Appearance. Note: Wrong event does not provide relief or changes sought. Attorney could have also used Change of Attorney Information (G-06) to add or terminate counsel. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (lt) (Entered: 08/07/2012)

Joint Stipulated Facts filed by Defendant Debra Bowen, Plaintiffs California Justice Committee, Constitution Party of California, Charles Michel Deemer, John Gabree, Jeff Norman Per 07/23/12 Scheduling Minute Order (Sapp, David) (Entered: 08/20/2012)

NOTICE of Change of Assignment of Counsel within Attorney General's Office filed by Defendant Debra Bowen. (Krogseng, Kari) (Entered: 08/28/2012)

TRIAL BRIEF filed by plaintiffs California Justice Committee, Constitution Party of California, Charles Michel Deemer, John Gabree, Jeff Norman.. (Sapp, David) (Entered: 09/10/2012)

NOTICE of Change of Attorney Information for attorney Kari L Krogseng counsel for Defendant Debra Bowen. Changing firm name to Attorney General of California. Changing e-mail to Kari.Krogseng@doj.ca.gov. Adding Kari Krogseng as attorney as counsel of record for Defendant Debra Bowen, California Secretary of State, in her official capacity for the reason indicated in the G-06 Notice. Filed by Defendant Debra Bowen, California Secretary of State, in her official capacity (Krogseng, Kari) (Entered: 09/10/2012)

TRIAL BRIEF The Secretary of State's Opening Trial Brief filed by Defendant Debra Bowen.. (Attachments: # 1 Declaration Declaration of Jana M. Lean in Support of the Secretary of State's Opening Trial Brief)(Krogseng, Kari) (Entered: 09/10/2012)

TRIAL BRIEF The Secretary of State's Responsive Trial Brief filed by Defendant Debra Bowen.. (Attachments: # 1 Declaration Supplemental Declaration of Jana M. Lean in Support of the Secretary of State's Responsive Trial Brief)(Krogseng, Kari) (Entered: 09/24/2012)

PROPOSED MEMORANDUM of CONTENTIONS of FACT and LAW filed by Defendant Debra Bowen. (Krogseng, Kari) (Entered: 09/24/2012)

TRIAL BRIEF Plaintiffs' Responsive Trial Brief filed by Plaintiff California Justice Committee, Constitution Party of California, Charles Michel Deemer, John Gabree, Jeff Norman.. (Sapp, David) (Entered: 09/24/2012)

Proposed MEMORANDUM of CONTENTIONS of FACT and LAW filed by Plaintiff California Justice Committee, Constitution Party of California, Charles Michel Deemer, John Gabree, Jeff Norman. (Sapp, David) (Entered: 09/24/2012)

NOTICE OF ASSIGNMENT of Panel Mediator. Mediator (ADR Panel) Gail Killefer has been assigned to serve as Panel Mediator. (mb) (Entered: 09/26/2012)

MEDIATION REPORT Filed by Mediator (ADR Panel) Gail Killefer: Mediation held on September 26, 2012. The parties are unable to reach an agreement at this time.(mb) (Entered: 09/26/2012)

PROPOSED MEMORANDUM of CONTENTIONS of FACT and LAW (marked set) filed by PLAINTIFFS California Justice Committee, Constitution Party of California, Charles Michel Deemer, John Gabree, Jeff Norman. (Sapp, David) (Entered: 10/01/2012)

OBJECTIONS to Memorandum of Contentions of Fact and Law 37 The Secretary of State's Objections to Evidence and Proposed Findings of Fact filed by Defendant Debra Bowen. (Krogseng, Kari) (Entered: 10/01/2012)

MEMORANDUM of CONTENTIONS of FACT and LAW (MARKED set) filed by Defendant Debra Bowen. (Krogseng, Kari) (Entered: 10/01/2012)

REQUEST for Leave to To File Response to Defendant's Objections to Evidence and Proposed Findings of Fact filed by plaintiffs California Justice Committee, Constitution Party of California, Charles Michel Deemer, John Gabree, Jeff Norman. (Attachments: # 1 Exhibit RESPONSE TO THE SECRETARY OF STATES OBJECTIONS TO EVIDENCE AND PROPOSED FINDINGS OF FACT)(Sapp, David) (Entered: 10/03/2012)

MINUTES (IN CHAMBERS) by Judge Percy Anderson: Before the Court is a Request for Leave to File Response to Defendant's Objections to Evidence filed by plaintiffs 43 . The Court grants Plaintiffs' Request. The Clerk shall file Plaintiffs Response which was submitted as Exhibit A to Plaintiffs' Request. (jp) (Entered: 10/05/2012)

RESPONSE filed by Plaintiffs California Justice Committee, Constitution Party of California, Jeff Norman, Charles Michel Deemer, and John Gabree to the Secretary of State's Objections to Evidence and Proposed Findings of Fact 37 . (gk) (Entered: 10/18/2012)

NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: The Secretary of State's Proposed Findings of Fact and Conclusions of Law filed 9/24/2012 35 . The following error(s) was found: This document tendered for the judge's approval should have been submitted as a separate PDF attachment to a Notice of Lodging. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (gk) (Entered: 10/10/2012)

NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Plaintiff's Proposed Findings of Fact and Conclusions of Law filed 9/24/2012 37 . The following error(s) was found: This document tendered for the judge's approval should have been submitted as a separate PDF attachment to a Notice of Lodging. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (gk) (Entered: 10/10/2012)

MINUTES OF Court Trial (1st Day) held and completed before Judge Percy Anderson: The matter is submitted to the Court. Court Reporter: Leandra Amber. (gk) (Entered: 10/16/2012)

FINDINGS OF FACT AND CONCLUSIONS OF LAW signed by Judge Percy Anderson: The Court concludes that Plaintiffs have established entitlement to declaratory and injunctive relief. Accordingly, the Court will enter a Judgment in favor of the Plaintiffs. (gk) (Entered: 10/18/2012)

JUDGMENT by Judge Percy Anderson: IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that plaintiffs California Justice Committee, the Constitution Party of California, Jeff Norman, Charles Michel Deemer, and John Gabree (collectively "Plaintiffs") shall have judgment in their favor against defendant Debra Bowen, California Secretary of State, in her official capacity ("Defendant" or "Secretary of State"). IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that California Elections Code section 5100's timing requirement violates Plaintiffs' rights under the First and Fourteenth Amendments of the United States Constitution. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that the Secretary of State is permanently enjoined from enforcing or otherwise applying California Elections Code section 5100's requirement that proposed political parties must satisfy the party qualification requirements at least 135 days prior to the primary election. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that Plaintiffs shall have their costs of suit. (MD JS-6, Case Terminated). (gk) (Entered: 10/18/2012)

NOTICE OF MOTION AND MOTION to Alter Judgment re Judgment,,,, 50 . filed by Defendant Debra Bowen. Motion set for hearing on 12/10/2012 at 01:30 PM before Judge Percy Anderson. (Attachments: # 1 Declaration Declaration of Kari Krogseng in Support of Motion to Alter or Amend Judgment, # 2 Proposed Order [Proposed] Order Amending Judgment)(Krogseng, Kari) (Entered: 10/26/2012)

STIPULATION for Extension of Time to File Motion for Attorney's Fees filed by Plaintiffs California Justice Committee, Constitution Party of California, Charles Michel Deemer, John Gabree, Jeff Norman. (Attachments: # 1 Proposed Order)(Sapp, David) (Entered: 10/26/2012)

ORDER by Judge Percy Anderson EXTENDING TIME FORFILING MOTION FORATTORNEYS FEES 52 . IT IS ORDERED that the deadline by which any motion or application for attorney's fees must be filed is extended until November 19, 2012. (pso) (Entered: 10/31/2012)

APPLICATION to the Clerk to Tax Costs against defendant Debra Bowen filed by plaintiffs Constitution Party of California, California Justice Committee, Jeff Norman, John Gabree, Charles Michel Deemer. Application set for hearing on 11/16/2012 at 10:00 AM before Clerk of Court. (Attachments: # 1 Bill of Costs)(Sapp, David) (Entered: 11/02/2012)

STIPULATION for Attorney Fees in the amount of $70,000.00, Re: Judgment,,,, 50, filed by Plaintiff California Justice Committee, Constitution Party of California, Charles Michel Deemer, John Gabree, Jeff Norman. (Attachments: # 1 Exhibit Settlement, # 2 Proposed Order)(Sapp, David) (Entered: 11/15/2012)

ORDER REGARDING PLAINTIFFS' CLAIMS FOR ATTORNEY'S FEES AND COSTS by Judge Percy Anderson: Upon Stipulation 55, IT IS ORDERED that the Court shall retain jurisdiction over this action for the limited purpose of adjudicating any motion that might be necessary to enforce the Secretary of State's agreement to pay Plaintiffs' attorney's fees and costs, as provided in the settlement agreement executed between the Parties. IT IS FURTHER ORDERED that Plaintiffs' Application to the Clerk to Tax Costs 54 be and hereby is off calendar. (gk) (Entered: 11/19/2012)

MINUTES (IN CHAMBERS): ORDER GRANTING MOTION TO ALTER JUDGMENT 51 by Judge Percy Anderson: The Court will issue an Amended Judgment. The hearing calendared for December 10, 2012 is vacated, and the matter taken off calendar. SEE ORDER FOR COMPLETE DETAILS. (ms) (Entered: 12/04/2012)

AMENDED JUDGMENT by Judge Percy Anderson. IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that plaintiffs shall have judgment in their favor against defendant. FURTHER ORDERED, ADJUDGED, AND DECREED that CaliforniaElections Code section 5100's timing requirement violates Plaintiffs rights under the First and Fourteenth Amendments of the United States Constitution. FURTHER ORDERED, ADJUDGED, AND DECREED that the Secretary of State is permanently enjoined. FURTHER ORDERED, ADJUDGED, AND DECREED that Plaintiffs shall have their costs of suit, re 50 . (jp) (Entered: 12/04/2012)

Notice of Withdrawal of Application to the Clerk to Tax Costs, 54 filed by plaintiffs California Justice Committee, Constitution Party of California, Charles Michel Deemer, John Gabree, Jeff Norman. (Sapp, David) (Entered: 02/01/2013)