Case: Cannavan v. County of Ventura

2:20-cv-10012 | U.S. District Court for the Central District of California

Filed Date: Oct. 30, 2020

Closed Date: Sept. 3, 2022

Clearinghouse coding complete

Case Summary

This is a case about inmates held at a county jail in Ventura County, California who were denied their right to vote via absentee ballots during the November 2020 presidential election. On October 30, 2020, an individual inmate, on behalf of himself and all other similarly situated inmates held in the county jail, filed this lawsuit in the United States District Court for the Central District of California. The plaintiffs sued Ventura County and the Ventura County Sheriff's Department under sta…

This is a case about inmates held at a county jail in Ventura County, California who were denied their right to vote via absentee ballots during the November 2020 presidential election.

On October 30, 2020, an individual inmate, on behalf of himself and all other similarly situated inmates held in the county jail, filed this lawsuit in the United States District Court for the Central District of California. The plaintiffs sued Ventura County and the Ventura County Sheriff's Department under state law, 42 U.S.C. § 1983, and the First and Fourteenth Amendments. Represented by private counsel, the plaintiffs sought class certification of the inmates, an emergency Temporary Restraining Order (TRO), and injunctive and declaratory relief so that all eligible voters located at the county jail be delivered an absentee ballot to vote. They claimed that they were eligible voters who requested ballots to vote, but that the county jail informed them that there was a mistake and would not be able to provide them with ballots and, thus, deprived them of their right to vote.

In response, the defendants noted that sheriff officials were not responsible for conducting outreach to ask prisoners if they would like to vote, and also noted that the declarations made by the plaintiffs were merely hearsay. The defendants essentially alleged that the plaintiffs’ claims were false. In the defendants' amended answer, they asserted affirmative defenses including the statute of limitations, unclean hands, mootness, both qualified and absolute immunity, and other procedural deficiency claims.

On November 1, 2020, the Court issued an opinion finding the defendants' arguments to be unpersuasive. The Court concluded that the defendants' procedure to assist inmates receive absentee ballots was deficient and that the defendants failed to carry their burden of demonstrating that the procedure would survive strict scrutiny. Thus, the Court granted the plaintiffs' TRO and ordered the defendants to immediately obtain and deliver absentee ballots to the plaintiffs and all class members.

On April 19, 2022, the parties filed a Joint Notice of Settlement indicating that the parties reached a private settlement. The details of the settlement are unknown to the Clearinghouse at this time. 

On September 2, 2022, the parties dismissed the case with prejudice.

Summary Authors

Christopher Blaney (1/16/2024)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/18593193/parties/patrick-allen-cannavan-v-county-of-ventura/


Judge(s)

Olguin, Fernando Manzano (California)

Attorney for Plaintiff

McLane, David S (California)

Vogel, Brian Arnold (California)

Attorney for Defendant

Gardner, Emily T (California)

Porche, Marina Gatti (California)

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Documents in the Clearinghouse

Document
5

2:20-cv-10012

Ex Parte Application for TRO and Motion for Preliminary Injunction

Oct. 30, 2020

Oct. 30, 2020

Pleading / Motion / Brief
6

2:20-cv-10012

Ex Parte Application for Order for Class Certification

Oct. 30, 2020

Oct. 30, 2020

Pleading / Motion / Brief
4

2:20-cv-10012

Certification and Notice of Interested Parties

No Court

Oct. 30, 2020

Oct. 30, 2020

Pleading / Motion / Brief
8

2:20-cv-10012

Notice to Parties of Court-Directed ADR Program

Oct. 30, 2020

Oct. 30, 2020

Other
1

2:20-cv-10012

Verified Class Action Complaint for Injunctive and Declaratory Relief

Oct. 30, 2020

Oct. 30, 2020

Complaint
16

2:20-cv-10012

Defendants' Opposition to Ex Parte Application for TRO

Oct. 31, 2020

Oct. 31, 2020

Pleading / Motion / Brief
17

2:20-cv-10012

Reply Brief in Support of Application for TRO and Motion for PI and Application for Class Cert.

Nov. 1, 2020

Nov. 1, 2020

Pleading / Motion / Brief
21

2:20-cv-10012

Civil Minutes - Order re Ex Parte Application for TRO and Motion for PI

Nov. 1, 2020

Nov. 1, 2020

Order/Opinion

2020 U.S.Dist.LEXIS 206632

25

2:20-cv-10012

Plaintiffs' Objections to Response to TRO and Application for Order to Inform Eligible Voters Not Just Registered Voters, and Provide Ballots to Eligible/Registered Voters

Nov. 3, 2020

Nov. 3, 2020

Pleading / Motion / Brief
31

2:20-cv-10012

Defendants' Answer to Verified Class Action Complaint and Injunctive and Declaratory Relief

Nov. 19, 2020

Nov. 19, 2020

Pleading / Motion / Brief

Docket

See docket on RECAP: https://www.courtlistener.com/docket/18593193/patrick-allen-cannavan-v-county-of-ventura/

Last updated Jan. 30, 2025, 5:25 p.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT Receipt No: ACACDC-28792725 - Fee: $400, filed by Plaintiff Patrick Allen Cannavan. (Attorney David S McLane added to party Patrick Allen Cannavan(pty:pla))(McLane, David) (Entered: 10/30/2020)

Oct. 30, 2020

Oct. 30, 2020

Clearinghouse
2

CIVIL COVER SHEET filed by Plaintiff Patrick Allen Cannavan. (McLane, David) (Entered: 10/30/2020)

Oct. 30, 2020

Oct. 30, 2020

Clearinghouse
3

Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) 1 filed by Plaintiff Patrick Allen Cannavan. (McLane, David) (Entered: 10/30/2020)

Oct. 30, 2020

Oct. 30, 2020

Clearinghouse
4

NOTICE of Interested Parties filed by Plaintiff Patrick Allen Cannavan, (McLane, David) (Entered: 10/30/2020)

Oct. 30, 2020

Oct. 30, 2020

Clearinghouse
5

Emergency EX PARTE APPLICATION for Temporary Restraining Order and Preliminary Injunction filed by Plaintiff Patrick Allen Cannavan. (Attachments: # 1 Declaration Patrick Cannavan, # 2 Declaration David McLane, # 3 Declaration Brian Vogel, # 4 Proposed Order) (McLane, David) (Entered: 10/30/2020)

1 Declaration Patrick Cannavan

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2 Declaration David McLane

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3 Declaration Brian Vogel

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4 Proposed Order

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Oct. 30, 2020

Oct. 30, 2020

Clearinghouse
6

Emergency EX PARTE APPLICATION to Certify Class filed by Plaintiff Patrick Allen Cannavan. (Attachments: # 1 Proposed Order) (McLane, David) (Entered: 10/30/2020)

1 Proposed Order

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Oct. 30, 2020

Oct. 30, 2020

Clearinghouse
7

NOTICE OF ASSIGNMENT to District Judge Fernando M. Olguin and Magistrate Judge Pedro V. Castillo. (jtil) (Entered: 10/30/2020)

Oct. 30, 2020

Oct. 30, 2020

Clearinghouse
8

NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (jtil) (Entered: 10/30/2020)

Oct. 30, 2020

Oct. 30, 2020

Clearinghouse
9

21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) 1 as to Defendants County of Ventura, Ventura County Sheriff Bill Ayub. (jtil) (Entered: 10/30/2020)

Oct. 30, 2020

Oct. 30, 2020

PACER
10

MINUTE ORDER IN CHAMBERS by Judge Fernando M. Olguin: Order Re: Ex Parte Applications for Temporary Restraining Order and Class CertificationHaving reviewed and considered Patrick Allen Cannavans (plaintiff) Ex Parte Application for Temporary Restraining Order and Motion for Preliminary Injunction (Dkt. 5) and Ex Parte Application for Order for Class Certification (Dkt. 6) (collectively, Applications), filed on October 30, 2020, IT IS ORDERED THAT: 1. The County of Ventura and Ventura County Sheriff Bill Ayub (defendants) shall file their briefs in response to the Applications no later than October 31, 2020, at 5:00 p.m. 2. Plaintiff shall file his reply briefs in support of the Applications no later than November 1, 2020, at 3:00 p.m.3. Defendants shall be prepared to distribute forthwith absentee ballots to the putative class members on the morning of November 2, 2020, in the event that the court grants plaintiffs Applications. 4. Plaintiff shall forthwith serve defendants with a copy of this Order via email and personal service. (lc) (Entered: 10/30/2020)

Oct. 30, 2020

Oct. 30, 2020

PACER
11

NOTICE OF CLERICAL ERROR ISSUED, SEE DOCUMENT 13, E-FILED ON 10/30/20. MINUTE ORDER (In Chambers) Order Re: Ex Parte Applications for Temporary Restraining Order and Class Certification by Judge Fernando M. Olguin. (bm) Modified on 10/30/2020 (bm). Modified on 11/1/2020 (vdr). (Entered: 10/30/2020)

Oct. 30, 2020

Oct. 30, 2020

PACER
12

PROOF OF SERVICE Executed by Plaintiff Patrick Allen Cannavan, upon Defendant All Defendants. Service of the Summons and Complaint were executed upon Breanna Garcia, Sheriff Office Asst. and Lori Key, Deputy Clerk of the Board, County of Ventura in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (Vogel, Brian) (Entered: 10/30/2020)

Oct. 30, 2020

Oct. 30, 2020

PACER
13

NOTICE OF CLERICAL ERROR: Due to clerical error, the following docket entry has been corrected as indicated below. Re: Minute Order (In Chambers) Order Re: Ex Parte Applications 11 . Other: Document 11 is a duplicate of document 10 . Please disregard. (bm) (Entered: 10/30/2020)

Oct. 30, 2020

Oct. 30, 2020

PACER
14

Notice of Appearance or Withdrawal of Counsel: for attorney Brian Arnold Vogel counsel for Plaintiff Patrick Allen Cannavan. Adding Brian A. Vogel as counsel of record for Patrick Cannavan for the reason indicated in the G-123 Notice. Filed by Plaintiff Patrick Cannavan. (Vogel, Brian) (Entered: 10/30/2020)

Oct. 30, 2020

Oct. 30, 2020

PACER
15

PROOF OF SERVICE filed by Plaintiff Patrick Allen Cannavan, re Minutes of In Chambers Order/Directive - no proceeding held,,,,, Set/Reset Motion Hearing and R&R Deadlines,,,, 10 served on 10-30-2020. (Vogel, Brian) (Entered: 10/30/2020)

Oct. 30, 2020

Oct. 30, 2020

PACER
16

OPPOSITION in opposition re: Emergency EX PARTE APPLICATION for Temporary Restraining Order and Preliminary Injunction 5 filed by Defendants County of Ventura, Ventura County Sheriff Bill Ayub. (Attachments: # 1 Declaration DECLARATION OF CECIL ARGUE IN SUPPORT OF DEFENDANTS OPPOSITION TO PLAINTIFFS APPLICATION FOR TEMPORARY RESTRAINING ORDER, # 2 Declaration DECLARATION OF PATRICIA SALAS, IN SUPPORT OF DEFENDANTS OPPOSITION TO PLAINTIFFS APPLICATION FOR TEMPORARY RESTRAINING ORDER)(Attorney Emily T Gardner added to party County of Ventura(pty:dft), Attorney Emily T Gardner added to party Ventura County Sheriff Bill Ayub(pty:dft))(Gardner, Emily) (Entered: 10/31/2020)

1 Declaration DECLARATION OF CECIL ARGUE IN SUPPORT OF DEFENDANTS OPPOSITION TO PL

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2 Declaration DECLARATION OF PATRICIA SALAS, IN SUPPORT OF DEFENDANTS OPPOSITION T

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Oct. 31, 2020

Oct. 31, 2020

Clearinghouse
17

REPLY Emergency EX PARTE APPLICATION for Temporary Restraining Order and Preliminary Injunction 5, Emergency EX PARTE APPLICATION to Certify Class 6 filed by Plaintiff Patrick Allen Cannavan. (Attachments: # 1 Declaration David S. McLane, # 2 Exhibit A to DM Decl., # 3 Exhibit B to DM Decl., # 4 Exhibit C to DM Decl., # 5 Exhibit D to DM Decl., # 6 Exhibit E to DM Decl., # 7 Exhibit F to DM Decl.)(McLane, David) (Entered: 11/01/2020)

1 Declaration David S. McLane

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2 Exhibit A to DM Decl.

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3 Exhibit B to DM Decl.

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4 Exhibit C to DM Decl.

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5 Exhibit D to DM Decl.

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6 Exhibit E to DM Decl.

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7 Exhibit F to DM Decl.

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Nov. 1, 2020

Nov. 1, 2020

Clearinghouse
18

SUPPLEMENT Exhibit G in support of Plaintiff's Reply to Oppsition to Ex parte Application for Temporary Restraining Order and Preliminary Injunction filed by Plaintiff Patrick Allen Cannavan. (Vogel, Brian) (Entered: 11/01/2020)

Nov. 1, 2020

Nov. 1, 2020

PACER
19

SUPPLEMENT Declaration of Patrick Cannavan in Support of Reply to Opposition Ex Parte Application for Temporary Restraining Order and Preliminary Injunction and Exhibits I, J and K filed by Plaintiff Patrick Allen Cannavan. (Attachments: # 1 Exhibit I - Kites, # 2 Exhibit J - Grievance responses, # 3 Exhibit K - Voter registration)(Vogel, Brian) (Entered: 11/01/2020)

Nov. 1, 2020

Nov. 1, 2020

PACER
20

MINUTES (IN CHAMBERS) ORDER by Judge Fernando M. Olguin. Plaintiff's Ex Parte Application for Order for [Conditional] Class Certification 6 is granted as set forth in this Order. The court provisionally certifies the following class: All inmates housed at Ventura County Jail as of the date of this Order who are eligible to vote and requested ballots, so they can vote in the 11/3/2020 election. The court provisionally appoints Patrick Allen Cannavan as class representative. The court provisionally appoints David S. McLane of Kaye, McLane, Bednarksi & Litt, LLP and Brian A. Vogel of The Law Offices of Brian A. Vogel, P.C. as class counsel. (vdr) (Entered: 11/01/2020)

Nov. 1, 2020

Nov. 1, 2020

PACER
21

MINUTES (IN CHAMBERS) ORDER by Judge Fernando M. Olguin. Plaintiff's Ex Parte Application for Temporary Restraining Order and Motion for Preliminary Injunction 5 is granted in part and denied in part. Plaintiff is granted a temporary restraining order as set in this order. *See order for ruling and deadlines imposed by court.* (vdr) (Entered: 11/01/2020)

Nov. 1, 2020

Nov. 1, 2020

Clearinghouse
22

NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Declaration 18, 19 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Civil Events - Motions and Related Filings - Responses/Replies/Other Motion Related Documents - Declaration (Motion related). Title page with caption and case number missing. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order 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. (iv) (Entered: 11/02/2020)

Nov. 2, 2020

Nov. 2, 2020

PACER
23

NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice of Appearance or Withdrawal of Counsel (G-123), 14 . The following error(s) was/were found: Blank document. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order 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. (ak) (Entered: 11/02/2020)

Nov. 2, 2020

Nov. 2, 2020

PACER
24

DEFENDANTS RESPONSE TO COURT ORDERS RE EX PARTE APPLICATION FOR TEMPORARY RESTRAINING ORDER AND CLASS CERTIFICATION; DECLARATION OF ERIC DOWD re Emergency EX PARTE APPLICATION for Temporary Restraining Order and Preliminary Injunction 5, Emergency EX PARTE APPLICATION to Certify Class 6 filed by Defendants County of Ventura, Ventura County Sheriff Bill Ayub. (Attachments: # 1 Declaration Declaration of Assistant Sheriff Eric Dowd)(Gardner, Emily) (Entered: 11/02/2020)

Nov. 2, 2020

Nov. 2, 2020

PACER
25

OBJECTIONS TO COUNTYS RESPONSE TO TRO, AND EX PARTE APPLICATION FOR ORDER TO INFORM ELIGIBLE VOTERS NOT JUST REGISTERED VOTERS AND PROVIDE BALLOTS TO ELIGIBLE VOTERS IN ADDITION TO REGISTERED VOTERS re: Emergency EX PARTE APPLICATION for Temporary Restraining Order and Preliminary Injunction 5, Emergency EX PARTE APPLICATION to Certify Class 6 filed by Plaintiff Patrick Allen Cannavan. (Attachments: # 1 Proposed Order)(McLane, David) (Entered: 11/03/2020)

Nov. 3, 2020

Nov. 3, 2020

Clearinghouse
26

OPPOSITION to Emergency EX PARTE APPLICATION for Temporary Restraining Order and Preliminary Injunction 5, Emergency EX PARTE APPLICATION to Certify Class 6 DEFENDANTS OPPOSITION TO PLAINTIFFS EX PARTE APPLICATION FOR ORDER TO INFORM ELIGIBLE VOTERS NOT JUST REGISTERED VOTERS AND PROVIDE BALLOTS TO ELIGIBLE VOTERS IN ADDITION TO REGISTERED VOTERS filed by Defendants County of Ventura, Ventura County Sheriff Bill Ayub. (Gardner, Emily) (Entered: 11/03/2020)

Nov. 3, 2020

Nov. 3, 2020

PACER
27

Notice of Withdrawal of Objection/Opposition (Motion related), 25 filed by Plaintiffs Patrick Allen Cannavan. (McLane, David) (Entered: 11/03/2020)

Nov. 3, 2020

Nov. 3, 2020

PACER
28

TEXT ONLY ENTRY by Chambers of Judge Fernando M. Olguin. This matter has been assigned to District Judge Fernando M. Olguin. The Court refers counsel to the Court's Initial Standing Order found on the Court's Website under Judge Olguin's Procedures and Schedules. Please read this Order carefully. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (vdr) TEXT ONLY ENTRY (Entered: 11/03/2020)

Nov. 3, 2020

Nov. 3, 2020

PACER

Text Only Scheduling Notice

Nov. 3, 2020

Nov. 3, 2020

PACER
29

DECLARATION OF ASSISTANT SHERIFF ERIC DOWD re Emergency EX PARTE APPLICATION for Temporary Restraining Order and Preliminary Injunction 5, Emergency EX PARTE APPLICATION to Certify Class 6 filed by Defendants County of Ventura, Ventura County Sheriff Bill Ayub. (Gardner, Emily) (Entered: 11/04/2020)

Nov. 4, 2020

Nov. 4, 2020

PACER
30

DECLARATION OF ASSISTANT SHERIFF ERIC DOWD re Emergency EX PARTE APPLICATION for Temporary Restraining Order and Preliminary Injunction 5, Emergency EX PARTE APPLICATION to Certify Class 6 filed by Defendants County of Ventura, Ventura County Sheriff Bill Ayub. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Gardner, Emily) (Entered: 11/04/2020)

Nov. 4, 2020

Nov. 4, 2020

PACER
31

ANSWER to Complaint (Attorney Civil Case Opening) 1 with JURY DEMAND filed by Defendants County of Ventura, Ventura County Sheriff Bill Ayub.(Gardner, Emily) (Entered: 11/19/2020)

Nov. 19, 2020

Nov. 19, 2020

Clearinghouse
32

ORDER SETTING SCHEDULING CONFERENCE by Judge Fernando M. Olguin. Scheduling Conference set for 2/4/2021 at 10:00 AM before Judge Fernando M. Olguin. (vdr) (Entered: 11/20/2020)

Nov. 20, 2020

Nov. 20, 2020

PACER
33

NOTICE of Change of Attorney Business or Contact Information: for attorney David S McLane counsel for Plaintiff Patrick Allen Cannavan. Changing Firm Name to McLane, Bednarski & Litt, LLP. Filed by Plaintiff Patrick Allen Cannavan. (McLane, David) (Entered: 12/23/2020)

Dec. 23, 2020

Dec. 23, 2020

PACER
34

JOINT REPORT of Rule 26(f) filed by Defendants County of Ventura, Ventura County Sheriff Bill Ayub. (Porche, Marina) (Entered: 01/21/2021)

Jan. 21, 2021

Jan. 21, 2021

PACER
35

NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Joint Rule 26 Report 34 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Civil Events - Other Filings - Pretrial and Trial Documents - Joint Report Rule 26(f) Discovery Plan. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order 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. (iv) (Entered: 01/22/2021)

Jan. 22, 2021

Jan. 22, 2021

PACER
36

SCHEDULING AND CASE MANAGEMENT ORDER by Judge Fernando M. Olguin. The court deems a Scheduling Conference unnecessary and hereby vacates the hearing. *See order for deadlines and requirements imposed.* (vdr) (Entered: 01/26/2021)

Jan. 26, 2021

Jan. 26, 2021

PACER
37

ORDER RE: SUMMARY JUDGMENT MOTIONS by Judge Fernando M. Olguin. (vdr) (Entered: 01/26/2021)

Jan. 26, 2021

Jan. 26, 2021

PACER
38

ORDER RE: CLASS ACTION & REPRESENTATIVE ACTIONS by Judge Fernando M. Olguin. (vdr) (Entered: 01/26/2021)

Jan. 26, 2021

Jan. 26, 2021

PACER

Initial Order upon Filing of Complaint - form only

Jan. 26, 2021

Jan. 26, 2021

PACER
39

NOTICE OF ERRATA filed by Defendants County of Ventura, Ventura County Sheriff Bill Ayub. correcting Report 34 Joint Rule 26(f) Report (Porche, Marina) (Entered: 02/02/2021)

Feb. 2, 2021

Feb. 2, 2021

PACER
40

Notice of Appearance or Withdrawal of Counsel: for attorney Marina Gatti Porche counsel for Defendants County of Ventura, Ventura County Sheriff Bill Ayub. Adding Marina Porche as counsel of record for County of Ventura; Ventura County Sheriff Bill Ayub for the reason indicated in the G-123 Notice. Filed by defendants County of Ventura, et al.. (Attorney Marina Gatti Porche added to party County of Ventura(pty:dft), Attorney Marina Gatti Porche added to party Ventura County Sheriff Bill Ayub(pty:dft))(Porche, Marina) (Entered: 02/11/2021)

Feb. 11, 2021

Feb. 11, 2021

PACER
41

STIPULATION to amend Answer to Complaint (Attorney Civil Case Opening) 31 filed by defendants County of Ventura, Ventura County Sheriff Bill Ayub. (Attachments: # 1 Exhibit Defendants' amended answer to plaintiff's verified class action complaint for injunctive and declaratory relief, # 2 Proposed Order granting stipulation regarding filing of defendants' amended answer)(Porche, Marina) (Entered: 02/23/2021)

Feb. 23, 2021

Feb. 23, 2021

PACER
42

ORDER GRANTING STIPULATION 41 REGARDING FILING OF DEFENDANTS' AMENDED ANSWER by Judge Fernando M. Olguin. Defendants may file their amended answer no later than February 26, 2021. (iv) (Entered: 02/24/2021)

Feb. 24, 2021

Feb. 24, 2021

PACER
43

AMENDED ANSWER to Complaint (Attorney Civil Case Opening) 1 filed by defendants County of Ventura, Ventura County Sheriff Bill Ayub. (Porche, Marina) (Entered: 02/25/2021)

Feb. 25, 2021

Feb. 25, 2021

Clearinghouse
44

NOTICE OF MOTION AND MOTION to File First Amended Complaint, NOTICE OF MOTION AND MOTION to Complaint (Attorney Civil Case Opening) 1 filed by Plaintiff Patrick Allen Cannavan. Motion set for hearing on 4/29/2021 at 10:00 AM before Judge Fernando M. Olguin. (Attachments: # 1 Appendix 1 - Redlined Version of Proposed First Amended Complaint, # 2 Appendix 2 - Clean Version of Proposed First Amended Complaint, # 3 Declaration of David S. McLane, # 4 Proposed Order) (McLane, David) (Entered: 03/26/2021)

March 26, 2021

March 26, 2021

PACER
45

OPPOSITION in opposition re: NOTICE OF MOTION AND MOTION to File First Amended Complaint NOTICE OF MOTION AND MOTION to Complaint (Attorney Civil Case Opening) 1 44 filed by Defendants County of Ventura, Ventura County Sheriff Bill Ayub. (Porche, Marina) (Entered: 04/08/2021)

April 8, 2021

April 8, 2021

PACER
46

REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to File First Amended Complaint NOTICE OF MOTION AND MOTION to Complaint (Attorney Civil Case Opening) 1 44 filed by Defendants County of Ventura, Ventura County Sheriff Bill Ayub. (Porche, Marina) (Entered: 04/08/2021)

April 8, 2021

April 8, 2021

PACER
47

DECLARATION of Tracy Martinez-Aguilar in opposition to NOTICE OF MOTION AND MOTION to File First Amended Complaint NOTICE OF MOTION AND MOTION to Complaint (Attorney Civil Case Opening) 1 44 Plaintiff's Motion for leave to file a first amended complaint filed by Defendants County of Ventura, Ventura County Sheriff Bill Ayub. (Porche, Marina) (Entered: 04/08/2021)

April 8, 2021

April 8, 2021

PACER
48

NOTICE OF ERRATA filed by Defendants County of Ventura, Ventura County Sheriff Bill Ayub. correcting Request for Judicial Notice, 46 (Porche, Marina) (Entered: 04/13/2021)

April 13, 2021

April 13, 2021

PACER
49

REPLY NOTICE OF MOTION AND MOTION to File First Amended Complaint NOTICE OF MOTION AND MOTION to Complaint (Attorney Civil Case Opening) 1 44 filed by Plaintiff Patrick Allen Cannavan. (McLane, David) (Entered: 04/15/2021)

April 15, 2021

April 15, 2021

PACER
50

Objection Plaintiffs; Objection to Defendants' Request for Judicial Notice (Dkt. 46, 48) re: NOTICE OF MOTION AND MOTION to File First Amended Complaint NOTICE OF MOTION AND MOTION to Complaint (Attorney Civil Case Opening) 1 44 filed by Plaintiff Patrick Allen Cannavan. (McLane, David) (Entered: 04/15/2021)

April 15, 2021

April 15, 2021

PACER
51

TEXT ONLY ENTRY by Chambers of Judge Fernando M. Olguin. On the court's own motion, the Motion for Leave 44 is taken off the 4/29/2021 calendar and placed under submission. No appearances are needed on 4/29/2021. An order with the court's ruling will issue.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (vdr) TEXT ONLY ENTRY (Entered: 04/22/2021)

April 22, 2021

April 22, 2021

PACER

Text Only Scheduling Notice

April 22, 2021

April 22, 2021

PACER
52

STIPULATION to Reset Scheduling and Case Management Order Dates filed by Plaintiffs Patrick Allen Cannavan. (Attachments: # 1 Proposed Order)(McLane, David) (Entered: 07/08/2021)

July 8, 2021

July 8, 2021

PACER
53

EX PARTE APPLICATION for Order for Emergency Ex Parte Application to 1) Depo 2 More Witnesses than Presumptive 10 Limit; 2) Compel Defendant Sheriff Ayub's Apex Deposition, and 3) Compel the Proposed PMK Depositions filed by Plaintiffs Patrick Allen Cannavan. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Declaration E, # 6 Proposed Order) (McLane, David) (Entered: 07/12/2021)

July 12, 2021

July 12, 2021

PACER
54

OPPOSITION in opposition re: EX PARTE APPLICATION for Order for Emergency Ex Parte Application to 1) Depo 2 More Witnesses than Presumptive 10 Limit; 2) Compel Defendant Sheriff Ayub's Apex Deposition, and 3) Compel the Proposed PMK Depositions 53 declaration of Marina Porche; Declaration of Tracy Martinez-Aguilar filed by Defendants County of Ventura, Ventura County Sheriff Bill Ayub. (Porche, Marina) (Entered: 07/13/2021)

July 13, 2021

July 13, 2021

PACER
55

ORDER RE STIPULATION 52 TO MODIFY SCHEDULING AND CASE MANAGEMENT ORDER DATES by Judge Fernando M. Olguin. *See Order for dates and deadlines.* (iv) (Entered: 07/14/2021)

July 14, 2021

July 14, 2021

PACER
56

ORDER DENYING PLAINTIFF'S EMERGENCY EX PARTE APPLICATION IN PART AS MOOT AND IN THE REMAINING PART WITHOUT PREJUDICE TO REFILING AS A NOTICED MOTION 53 by Magistrate Judge Pedro V. Castillo. Plaintiffs' request to take additional depositions beyond the presumptive ten-deposition cap is DENIED as MOOT. The request to take the apex deposition of Sheriff Ayub is DENIED on the current record, without prejudice to re-filing as a noticed motion after Plaintiffs attempt to obtain the information sought from Sheriff Ayub from other sources. (see document for further details) (hr) (Entered: 07/16/2021)

July 16, 2021

July 16, 2021

PACER
57

ORDER RE: MOTION FOR LEAVE TO FILE AMENDED COMPLAINT by Judge Fernando M. Olguin. Plaintiff's Motion for Leave to File First Amended Complaint 44 is granted. Plaintiff shall, no later than two court days from the filing date of this Order, file his First Amended Complaint. (iv) (Entered: 07/16/2021)

July 16, 2021

July 16, 2021

PACER
58

First AMENDED COMPLAINT against Defendants County of Ventura, Ventura County Sheriff Bill Ayub, Cecil Argue, Patricia Salas, Eric Dowd amending Complaint (Attorney Civil Case Opening) 1 JURY DEMAND, filed by Plaintiffs Patrick Allen Cannavan(McLane, David) (Entered: 07/19/2021)

July 19, 2021

July 19, 2021

Clearinghouse
59

Request for Clerk to Issue Summons on Amended Complaint/Petition, 58 filed by Plaintiffs Patrick Allen Cannavan. (McLane, David) (Entered: 07/19/2021)

July 19, 2021

July 19, 2021

PACER
60

21 DAY Summons Issued re Amended Complaint/Petition, 58 as to Defendant Cecil Argue, Eric Dowd, Patricia Salas. (iv) (Entered: 07/20/2021)

July 20, 2021

July 20, 2021

PACER
61

Continue

July 26, 2021

July 26, 2021

PACER
62

Order

July 28, 2021

July 28, 2021

PACER
63

Extending Time to Answer (30 days or less)

Sept. 8, 2021

Sept. 8, 2021

PACER
64

Continue

Sept. 29, 2021

Sept. 29, 2021

PACER
65

Order

Sept. 30, 2021

Sept. 30, 2021

PACER
66

Appearance

Nov. 4, 2021

Nov. 4, 2021

PACER
67

Appearance

Nov. 4, 2021

Nov. 4, 2021

PACER
68

Appearance

Nov. 4, 2021

Nov. 4, 2021

PACER
69

Reset

Nov. 19, 2021

Nov. 19, 2021

PACER
70

Order

Nov. 29, 2021

Nov. 29, 2021

PACER
71

MINUTES (IN CHAMBERS) ORDER TO SHOW CAUSE RE: SANCTIONS OR DISMISSAL by Judge Fernando M. Olguin.No later than January 18, 2022, the parties shall show cause in writing why sanctions should not be imposed for failure to comply with the Court's Case Management Order and Order of November 29, 2021. (iv)

Jan. 10, 2022

Jan. 10, 2022

Clearinghouse
72

Response

Jan. 11, 2022

Jan. 11, 2022

PACER
73

Amend/Correct

Jan. 13, 2022

Jan. 13, 2022

PACER
74

Minutes of In Chambers Order/Directive - no proceeding held

Jan. 14, 2022

Jan. 14, 2022

PACER
75

Amend/Correct

Feb. 17, 2022

Feb. 17, 2022

PACER
76

Order

Feb. 19, 2022

Feb. 19, 2022

PACER
77

Reset

March 31, 2022

March 31, 2022

PACER
78

Order

April 4, 2022

April 4, 2022

PACER
79

Settlement

April 19, 2022

April 19, 2022

Clearinghouse
80

ORDER DISMISSING ACTION WITHOUT PREJUDICE by Judge Fernando M. Olguin, Having been advised by counsel that the above-entitled action has been settled, IT IS ORDERED that the above-captioned action is hereby dismissed without costs and without prejudi ce to the right, upon good cause shown within 60 days from the filing date of this Order, to re-open the action if settlement is not consummated. The court retains full jurisdiction over this action and this Order shall not prejudice any party to this action. RE: Notice of Settlement 79 . Case Terminated. Made JS-6. (aco)

April 25, 2022

April 25, 2022

RECAP
81

Status Report

June 24, 2022

June 24, 2022

RECAP

Generic Text Only Entry

July 18, 2022

July 18, 2022

PACER
83

Order

July 20, 2022

July 20, 2022

RECAP
84

Vacate

Aug. 15, 2022

Aug. 15, 2022

PACER
85

Order

Aug. 17, 2022

Aug. 17, 2022

RECAP
86

Dismiss Case

1 Proposed Order

View on PACER

Sept. 3, 2022

Sept. 3, 2022

RECAP
87

Errata

Sept. 3, 2022

Sept. 3, 2022

PACER
88

Dismiss Case

Sept. 3, 2022

Sept. 3, 2022

PACER

None

Case Details

State / Territory: California

Case Type(s):

Election/Voting Rights

Special Collection(s):

Law Firm Antiracism Alliance (LFAA) project

Key Dates

Filing Date: Oct. 30, 2020

Closing Date: Sept. 3, 2022

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Plaintiffs were a class of detainees in the Ventura County Corrections facilities who were eligible to vote in California and claimed that the Ventura County Sheriffs Department deprived the detainees of their right to vote.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Ventura County, Sheriff Bill Ayub (Ventura), County

Defendant Type(s):

Law-enforcement

Jurisdiction-wide

Facility Type(s):

Government-run

Case Details

Causes of Action:

42 U.S.C. § 1983

Ex parte Young (federal or state officials)

Available Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Preliminary injunction / Temp. restraining order

Source of Relief:

Settlement

Litigation

Form of Settlement:

Voluntary Dismissal

Content of Injunction:

Preliminary relief granted

Voting Process Changes

Amount Defendant Pays: 0

Issues