Case: Beaber v. Weber

R.J Beaber v. Webner

Clark v. Weber

Clark v. Weber

Clark v. Weber

Clark v. Weber

COMPLAINT Receipt No: ACACDC-31801700 - Fee: $402, filed by Plaintiff R J Beaber. (Attorney Stephen Yagman added to party R J Beaber(pty:bkmov))(Yagman, Stephen) (Entered: 08/13/2021)

NOTICE of Related Case(s) filed by Plaintiff R J Beaber. (Yagman, Stephen) (Entered: 08/13/2021)

NOTICE of Interested Parties filed by Plaintiff R J Beaber, (Yagman, Stephen) (Entered: 08/13/2021)

CIVIL COVER SHEET filed by Movant R J Beaber. (Yagman, Stephen) (Entered: 08/13/2021)

Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) 1 filed by Plaintiff R J Beaber. (Yagman, Stephen) (Entered: 08/13/2021)

NOTICE OF ASSIGNMENT to District Judge Christina A. Snyder and Magistrate Judge Karen L. Stevenson. (esa) (Entered: 08/13/2021)

Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (esa) (Entered: 08/13/2021)

NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (esa) (Entered: 08/13/2021)

21 DAY Summons issued re Complaint 1 as to defendant Shirley N. Weber. (esa) (Entered: 08/13/2021)

NOTICE OF MOTION AND MOTION for Declaratory Judgment Re: Unconstitutionality of Cal. Const. Art. II, sec. 15(c), on its face and as applied, and for preliminary injunction prohibiting Sept. 14, 2021 recall election filed by Plaintiff R. J. Beaber. (Attachments: # 1 Proposed Order) (Yagman, Stephen) (Entered: 08/14/2021)

DECLARATION of Plaintiff, R.J. Beaber NOTICE OF MOTION AND MOTION for Declaratory Judgment Re: Unconstitutionality of Cal. Const. Art. II, sec. 15(c), on its face and as applied, and for preliminary injunction prohibiting Sept. 14, 2021 recall election 10 filed by Plaintiff R. J. Beaber. (Yagman, Stephen) (Entered: 08/16/2021)

DECLARATION of Plaintiff, A.W. Clark in support of NOTICE OF MOTION AND MOTION for Declaratory Judgment Re: Unconstitutionality of Cal. Const. Art. II, sec. 15(c), on its face and as applied, and for preliminary injunction prohibiting Sept. 14, 2021 recall election 10 filed by Plaintiff A. W. Clark. (Yagman, Stephen) (Entered: 08/16/2021)

EX PARTE APPLICATION to TO SET BRIEFING SCHEDULE AND HEARING DATE ON PLAINTIFFS' MOTION FOR DECLARATORY RELIEF AND PRELIMINARY INJUNCTION filed by Plaintiff R. J. Beaber. (Attachments: # 1 Proposed Order) (Yagman, Stephen) (Entered: 08/16/2021)

ORDER RETURNING CASE FOR REASSIGNMENT by Judge Christina A. Snyder. ORDER case returned to the Clerk for random reassignment pursuant to General Order 21-01. Case randomly reassigned from Judge Christina A. Snyder to Judge Michael W. Fitzgerald for all further proceedings. The case number will now reflect the initials of the transferee Judge 2:21-cv-06558 MWF (KSx). (esa) (Entered: 08/16/2021)

DECLARATION of STEPHEN YAGMAN EX PARTE APPLICATION to TO SET BRIEFING SCHEDULE AND HEARING DATE ON PLAINTIFFS' MOTION FOR DECLARATORY RELIEF AND PRELIMINARY INJUNCTION 13, NOTICE OF MOTION AND MOTION for Declaratory Judgment Re: Unconstitutionality of Cal. Const. Art. II, sec. 15(c), on its face and as applied, and for preliminary injunction prohibiting Sept. 14, 2021 recall election 10 filed by Plaintiff R. J. Beaber. (Yagman, Stephen) (Entered: 08/16/2021)

NOTICE of Appearance filed by attorney John D Echeverria on behalf of Defendant Shirley N. Weber (Attorney John D Echeverria added to party Shirley N. Weber(pty:dft))(Echeverria, John) (Entered: 08/17/2021)

STIPULATION for Order TO BRIEFING/HEARING SCHEDULE ON PLAINTIFFS' MOTION FOR DECLARATORY RELIEF/PRELIMINARYY INJUNCTION filed by Plaintiffs R. J. Beaber.(Yagman, Stephen) (Entered: 08/18/2021)

NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Stipulation 17 . The following error(s) was/were found: Proposed Document was not submitted as separate attachment. 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. (iv) (Entered: 08/18/2021)

ORDER by Judge Michael W. Fitzgerald. The Court has reviewed the parties' Stipulation to Briefing/Hearing Schedule 17 ("Stipulation") on Plaintiffs' Motion for Declaratory Relief/Preliminary Injunction 10 ("Motion"). The Court GRANTS the parties' requests in the Stipulation and ORDERS as follows: Defendant's Opposition or statement of non-opposition to Plaintiffs' Motion shall be filed no later than 8/24/2021; Plaintiffs' Reply, if any, shall be filed no later than 8/26/2021; the Motion will be heard on 8/30/2021 at 10:00 a.m. before Judge Michael W. Fitzgerald. In light of the Stipulation, the Court DENIES as moot Plaintiffs' Ex Parte Application for Order to Set Briefing Schedule and Hearing Date 13 . Counsel is reminded that compliance with the Local Rules is mandatory. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (smom) TEXT ONLY ENTRY (Entered: 08/18/2021)

RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS RE: Stipulation 17 by Judge Michael W. Fitzgerald. The document is accepted as filed. (iv) (Entered: 08/18/2021)

NOTICE OF DISMISSAL filed by Plaintiff R. J. Beaber pursuant to FRCP 41a(1) as to All Defendants. (Yagman, Stephen) (Entered: 08/18/2021)

Text Only Scheduling Notice

SCHEDULING NOTICE and ORDER by Judge Michael W. Fitzgerald. Pursuant to General Order 21-08 and Rule 78 of the Federal Rules of Civil Procedure and Local Rule 7-15, the Court finds the MOTION (1) FOR DECLARATORY RELIEF AND (2) PRELIMINARY INJUNCTION 10 appropriate for submission on the papers without oral argument. Accordingly, the hearing set on this motion for August 30, 2021 is vacated and taken off calendar. If the Court determines that a hearing is necessary, one will be reset at a later date. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rs) TEXT ONLY ENTRY (Entered: 08/24/2021)

MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION for Declaratory Judgment Re: Unconstitutionality of Cal. Const. Art. II, sec. 15(c), on its face and as applied, and for preliminary injunction prohibiting Sept. 14, 2021 recall election 10 filed by Defendant Shirley N. Weber. (Attachments: # 1 Declaration of Joanna Southard, # 2 Certificate of Service)(Echeverria, John) (Entered: 08/24/2021)

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Text Only Scheduling Notice

EX PARTE APPLICATION for Leave to file Motion to Intervene filed by Intervenors Carla Endow, Lisa Long, Marllus Gandrud. (Attachments: # 1 Request for Judicial Notice, # 2 Exhibit Nos. 1-8 to Request for Judicial Notice, # 3 Declaration of Mark Meuser, # 4 Declaration of Carla Endow, # 5 Declaration of Lisa Long, # 6 Declaration of Marllus Gandrud, # 7 Proposed Order) (Attorney Harmeet K. Dhillon added to party Carla Endow(pty:intv), Attorney Harmeet K. Dhillon added to party Lisa Long(pty:intv), Attorney Harmeet K. Dhillon added to party Marllus Gandrud(pty:intv)) (Dhillon, Harmeet) (Entered: 08/25/2021)

EX PARTE APPLICATION to Intervene As Defendants And Memorandum Of Points And Authorities In Support Thereof filed by Intervenors Orrin E. Heatlie, Mike Netter, The California Patriot Coalition - Recall Governor Gavin Newsom. (Attachments: # 1 Declaration of Orrin E. Heatlie, # 2 Declaration of Ryan M. Hemar, # 3 Notice Of Joinder In Oppositions To Plaintiffs Motion For Declaratory Relief And Preliminary Injunction, # 4 Proposed Order) (Attorney Eric Peter Early added to party Orrin E. Heatlie(pty:intvd), Attorney Eric Peter Early added to party Mike Netter(pty:intvd), Attorney Eric Peter Early added to party The California Patriot Coalition - Recall Governor Gavin Newsom(pty:intvd)) (Early, Eric) (Entered: 08/25/2021)

REPLY IN SUPPORT OF NOTICE OF MOTION AND MOTION for Declaratory Judgment Re: Unconstitutionality of Cal. Const. Art. II, sec. 15(c), on its face and as applied, and for preliminary injunction prohibiting Sept. 14, 2021 recall election 10 filed by Plaintiff A. W. Clark. (Yagman, Stephen) (Entered: 08/26/2021)

MEMORANDUM in Opposition to EX PARTE APPLICATION for Leave to file Motion to Intervene 24 filed by Defendant Shirley N. Weber. (Echeverria, John) (Entered: 08/26/2021)

OPPOSITION TO TWO EX PARTE APPLICATIONS FOR PERMISSION TO MOVE TO INTERVENE IN OPPOSITION TO re: EX PARTE APPLICATION for Leave to file Motion to Intervene 24, EX PARTE APPLICATION to Intervene As Defendants And Memorandum Of Points And Authorities In Support Thereof 25 filed by Plaintiff A. W. Clark. (Yagman, Stephen) (Entered: 08/26/2021)

MEMORANDUM in Opposition to EX PARTE APPLICATION to Intervene As Defendants And Memorandum Of Points And Authorities In Support Thereof 25 filed by Defendant Shirley N. Weber. (Echeverria, John) (Entered: 08/26/2021)

ORDER DENYING PLAINTIFF'S MOTION (1) FOR DECLARATORY RELIEF AND (2) PRELIMINARY INJUNCTION 10 by Judge Michael W. Fitzgerald. The Motion is DENIED. The Court ORDERS Plaintiff A.J. Clark to show cause in writing, if any there be, why summary judgment should not be entered in favor of Defendant Shirley N. Weber, as California Secretary of State, pursuant to Rule 56 of the Federal Rules of Civil Procedure. Plaintiffs response to this Order to Show Cause shall be filed on or before September 21, 2021. If the parties agree that the action should continue in the usual course for reasons that this Court does not now perceive, then they may stipulate that the Order to Show Cause should be discharged. (iv) (Entered: 08/27/2021)

NOTICE OF APPEAL to the 9th Circuit Court of Appeals filed by Plaintiff, A.W. Clark A. W. Clark. Appeal of Order on Motion for Declaratory Judgment,, 30 . (Appeal Fee - $505 Fee Paid, Receipt No. ACACDC-31888451.) (Yagman, Stephen) (Entered: 08/27/2021)

NOTIFICATION from Ninth Circuit Court of Appeals of case number assigned and briefing schedule. Appeal Docket No. 21-55930 assigned to Notice of Appeal to 9th Circuit Court of Appeals 31 as to Plaintiff A. W. Clark. (lom) (Entered: 08/30/2021)

RESPONSE filed by Plaintiff A. W. Clarkto Order on Motion for Declaratory Judgment,, 30 OSC WHY SUMMARY JUDGMENT SHOULD NOT BE ENTERED, (Yagman, Stephen) (Entered: 08/30/2021)

CORRECTED RESPONSE TO COURT'S AUG. 27, 2021 OSC RE: POSSIBLE SUMMARY JUDGMENT re NOTICE OF MOTION AND MOTION for Declaratory Judgment Re: Unconstitutionality of Cal. Const. Art. II, sec. 15(c), on its face and as applied, and for preliminary injunction prohibiting Sept. 14, 2021 recall election 10 filed by Plaintiff A. W. Clark. (Yagman, Stephen) (Entered: 08/30/2021)

STIPULATION Extending Time to Answer the complaint as to Shirley N. Weber answer now due 9/10/2021, re Complaint (Attorney Civil Case Opening) 1 filed by Defendant Shirley N. Weber.(Echeverria, John) Modified on 9/3/2021 (rs). (Entered: 09/01/2021)

ORDER from Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals 31 filed by A. W. Clark. CCA # 21-55930. The motion for leave to file an amicus curiae brief in opposition to appellant's emergency petition is granted. The emergency petition for writ of mandamus is denied. Appellant's August 29, 2021 filing seeks injunctive relief pending resolution of this appeal, the request is denied. [See document for more complete details.](mat) (Entered: 09/08/2021)

FIRST AMENDED COMPLAINT filed by Plaintiff A. W. Clark re: Complaint (Attorney Civil Case Opening) 1 (Yagman, Stephen) (Entered: 09/09/2021)

Notice of Withdrawal of Motion to Intervene,, 25 filed by Proposed Intervenors Orrin E. Heatlie, Mike Netter, The California Patriot Coalition - Recall Governor Gavin Newsom. (Early, Eric) (Entered: 09/23/2021)

NOTICE OF MOTION AND MOTION to Dismiss Case filed by Defendant Shirley N. Weber. Motion set for hearing on 11/1/2021 at 10:00 AM before Judge Michael W. Fitzgerald. (Attachments: # 1 Memorandum of Points and Authorities in Support of Motion to Dismiss, # 2 Proof of Service) (Echeverria, John) (Entered: 09/23/2021)

PLAINTIFF'S OPPOSITION TO DEFENDANT'S MOTION TO DISMISS OPPOSITION TO re: NOTICE OF MOTION AND MOTION to Dismiss Case 39, filed by Plaintiff A. W. Clark. (Yagman, Stephen) (Entered: 09/26/2021)

RESPONSE IN SUPPORT of NOTICE OF MOTION AND MOTION to Dismiss Case 39 filed by Defendant Shirley N. Weber. (Echeverria, John) (Entered: 10/13/2021)

MINUTES (IN CHAMBERS) ORDER GRANTING MOTION TO DISMISS PLAINTIFF'S FIRST AMENDED COMPLAINT 39 by Judge Michael W. Fitzgerald. The Motion is GRANTED without leave to amend and the action is DISMISSED with prejudice. ( MD JS-6. Case Terminated ) (iv) (Entered: 10/27/2021)

FIRST AMENDED NOTICE OF APPEAL AMENDED NOTICE OF APPEAL to 9th CIRCUIT filed by Plaintiff A. W. Clark. Amending Notice of Appeal to 9th Circuit Court of Appeals 31 Filed On: 08/27/2021; Entered On: 08/27/2021; (Yagman, Stephen) (Entered: 10/27/2021)

CORRECTED, AMENDED AMENDED NOTICE OF APPEAL to 9th CIRCUIT filed by PLAINTIFF A. W. Clark. Amending Notice of Appeal to 9th Circuit Court of Appeals 31 Filed On: AUG. 27, 2021; Entered On: AUG. 27, 2021; (Yagman, Stephen) (Entered: 10/28/2021)

ORDER from Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals 31 filed by A. W. Clark. CCA # 21-55930. The Clerk will open a new appeal pursuant to appellant's October 28, 2021 notice of appeal from the district court's final judgment. (iv) (Entered: 12/10/2021)

NOTIFICATION from Ninth Circuit Court of Appeals of case number assigned and briefing schedule. Appeal Docket No. 21-56337 as to Plaintiff A. W. Clark. re: Notice of Appeal to 9th Circuit Court of Appeals 44 . (iv) (Entered: 12/13/2021)

MANDATE of Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals 31, CCA # 21-55930. The judgment of this Court, entered December 09, 2021, takes effect this date. This constitutes the formal mandate of this Court issued pursuant to Rule 41(a) of the Federal Rules of Appellate Procedure. [See USCA Order, 45, DISMISSED.](mat) (Entered: 01/04/2022)

OPINION from Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals 44 filed by A. W. Clark. CCA # 21-56337. The decision of the District Court is AFFIRMED. (iv) (Entered: 11/30/2022)

MANDATE of Ninth Circuit Court of Appeals filed re: CORRECTED, AMENDED AMENDED NOTICE OF APPEAL to 9th CIRCUIT, CCA # 21-56337. The judgment of this Court, entered November 29, 2022, takes effect this date. This constitutes the formal mandate of this Court issued pursuant to Rule 41(a) of the Federal Rules of Appellate Procedure. [See USCA OPINION 48 AFFIRMED.](mat) (Entered: 12/23/2022)