Case: Hoge v. Padilla

2:19-cv-01985 | U.S. District Court for the Eastern District of California

Filed Date: Oct. 1, 2019

Closed Date: Jan. 23, 2020

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Case Summary

This is a case alleging violations of the National Voter Registration Act by California's failure to determine the citizenship of voter applicants. On October 1, 2019, three California voters, represented by private counsel, filed this lawsuit in the United States District Court for the Eastern District of California against the California Secretary of State and the Director of the California Department of Motor Vehicles (DMV). Plaintiffs alleged that the California Secretary of State and Cali…

This is a case alleging violations of the National Voter Registration Act by California's failure to determine the citizenship of voter applicants.

On October 1, 2019, three California voters, represented by private counsel, filed this lawsuit in the United States District Court for the Eastern District of California against the California Secretary of State and the Director of the California Department of Motor Vehicles (DMV). Plaintiffs alleged that the California Secretary of State and California DMV Director violated sections 8(a)(1) and 5(e) of the National Voter Registration Act (NVRA) of 1993 by failing to ascertain the citizenship of voter registration applicants. Specifically, Plaintiffs alleged that the Defendant Secretary of State failed to ensure that all voter applicants are U.S. citizens, thus causing non-citizens to be placed on California’s voter rolls. Plaintiffs also alleged that the defendant California DMV failed to transmit citizenship information that it received from California driver’s license applicants to the Defendant Secretary of State’s office that would enable the Defendant Secretary of State to assess the eligibility of voter applicants. Plaintiffs also alleged that Defendants failed to produce to Plaintiffs certain records concerning their activities in violation of section 8(i) of the NVRA. Plaintiffs sought declaratory and injunctive relief.

On December 16, 2019, Defendants moved to dismiss the complaint, arguing that (1) Plaintiffs lacked Article III standing because they suffered no injury and they failed to provide statutory notice of the alleged section 8(i) violation; and (2) Plaintiffs failed to state cognizable claims.

Also on December 16, 2019, four non-profit, non-partisan organizations, along with three California residents, filed a motion to intervene in the action.

Plaintiffs did not file an opposition to either the motion to dismiss or motion to intervene.

On January 23, 2020, Plaintiffs filed a notice of voluntary dismissal without prejudice as to all defendants. The details of the dismissal are unknown to the Clearinghouse at this time.

This case is now closed.

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Summary Authors

Kate Stutz (1/8/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/16282951/parties/hoge-v-padilla/

Judge(s)

England, Morrison C. (California)

Attorney for Plaintiff

Dhillon, Harmeet Kaur (California)

Attorney for Defendant

Agarwal, Shilpi (California)

Diaz, Sonja Francine Marie (California)

Ferrari, Anna Theresa (California)

Judge(s)

England, Morrison C. (California)

Attorney for Plaintiff

Dhillon, Harmeet Kaur (California)

Meuser, Mark Philip (California)

Attorney for Defendant

Agarwal, Shilpi (California)

Diaz, Sonja Francine Marie (California)

Ferrari, Anna Theresa (California)

Naifeh, Stuart Charles (California)

PHV, Chad Wilson (California)

PHV, Sarah Elizabeth (California)

PHV, Adam Lioz, (California)

PHV, Davin McKay (California)

PHV, Chiraag Bains, (California)

Talla, Vasudha (California)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
1 2:19-cv-01985	COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF	Oct. 1, 2019	Oct. 1, 2019 Complaint
9 2:19-cv-01985	DEFENDANTS’ NOTICE OF MOTION AND MOTION TO DISMISS COMPLAINT; MEMORANDUM OF POINTS AND AUTHORITIES [FRCP 12(b)(1); 12(b)(6)]	Dec. 16, 2019	Dec. 16, 2019 Pleading / Motion / Brief
10 2:19-cv-01985	PROPOSED INTERVENORDEFENDANTS’ NOTICE OF MOTION AND MOTION TO INTERVENE AS DEFENDANTS	Dec. 16, 2019	Dec. 16, 2019 Pleading / Motion / Brief
10-1 2:19-cv-01985	MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF INTERVENOR-DEFENDANTS’ MOTION TO INTERVENE	Dec. 16, 2019	Dec. 16, 2019 Pleading / Motion / Brief
10-2 2:19-cv-01985	DECLARATION OF HELEN HUTCHISON IN SUPPORT OF MOTION TO INTERVENE	Dec. 16, 2019	Dec. 16, 2019 Pleading / Motion / Brief
10-3 2:19-cv-01985	DECLARATION OF SAMUEL MOLINA IN SUPPORT OF MOTION TO INTERVENE	Dec. 16, 2019	Dec. 16, 2019 Pleading / Motion / Brief
10-8 2:19-cv-01985	INTERVENOR-DEFENDANTS’ [PROPOSED] NOTICE OF MOTION AND MOTION TO DISMISS THE COMPLAINT FOR FAILURE TO STATE A CLAIM (FED. R. CIV. P. 12(b)(6))	Dec. 16, 2019	Dec. 16, 2019 Pleading / Motion / Brief
10-4 2:19-cv-01985	DECLARATION OF CLARISSA MARTINEZ DE CASTRO IN SUPPORT OF MOTION TO INTERVENE	Dec. 16, 2019	Dec. 16, 2019 Pleading / Motion / Brief
10-5 2:19-cv-01985	DECLARATION OF ANADELA NAVARRETE GOMEZ IN SUPPORT OF MOTION TO INTERVENE	Dec. 16, 2019	Dec. 16, 2019 Pleading / Motion / Brief
10-6 2:19-cv-01985	DECLARATION OF SOPHIE KOSMACHER IN SUPPORT OF MOTION TO INTERVENE	Dec. 16, 2019	Dec. 16, 2019 Pleading / Motion / Brief

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/16282951/hoge-v-padilla/

Last updated Aug. 9, 2025, 9:30 p.m.

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT against All Defendants by Roxanne Hoge et al. (Filing fee $ 400, receipt number 0972-8493052) (Dhillon, Harmeet) (Entered: 10/01/2019)	Oct. 1, 2019	Oct. 1, 2019 Clearinghouse
2	CIVIL COVER SHEET by Roxanne Hoge et al. (Dhillon, Harmeet) (Entered: 10/01/2019)	Oct. 1, 2019	Oct. 1, 2019 PACER
3	SUMMONS ISSUED as to Steve Gordon, Alex Padilla with answer to complaint due within 21 days. Attorney Harmeet Kaur Dhillon 177 Post Street Suite 700 San Francisco, CA 94108. (Coll, A) (Entered: 10/01/2019)	Oct. 1, 2019	Oct. 1, 2019 PACER
4	CIVIL NEW CASE DOCUMENTS ISSUED; (Attachments: # 1 Consent Form, # 2 VDRP) (Coll, A) (Entered: 10/01/2019)	Oct. 1, 2019	Oct. 1, 2019 PACER
5	DECLINE to PROCEED BEFORE US MAGISTRATE JUDGE by Roxanne Hoge, Ali Mazarei, Corrin Rankin. (Meuser, Mark) (Entered: 10/11/2019)	Oct. 11, 2019	Oct. 11, 2019 PACER
6	NOTICE of APPEARANCE by Anna Ferrari on behalf of Steve Gordon, Alex Padilla. Attorney Ferrari, Anna added. (Ferrari, Anna) (Entered: 12/16/2019)	Dec. 16, 2019	Dec. 16, 2019 PACER
7	NOTICE of APPEARANCE by Sonja Francine Marie Diaz on behalf of Kelly Lippman, Sophie Kosmacher, Anadela Navarrete Gomez. Attorney Diaz, Sonja Francine Marie added. (Diaz, Sonja) (Entered: 12/16/2019)	Dec. 16, 2019	Dec. 16, 2019 PACER
8	NOTICE of APPEARANCE by Stuart Charles Naifeh on behalf of League of Women Voters of California, California Common Cause, UnidosUS, Mi Familia Vota Education Fund. Attorney Naifeh, Stuart Charles added. (Naifeh, Stuart) (Entered: 12/16/2019)	Dec. 16, 2019	Dec. 16, 2019 PACER
9	MOTION to DISMISS, for lack of jurisdiction by Steve Gordon, Alex Padilla. (Ferrari, Anna) Modified on 12/17/2019 (Mena-Sanchez, L). (Entered: 12/16/2019)	Dec. 16, 2019	Dec. 16, 2019 Clearinghouse
10	MOTION to INTERVENE as Defendants by Intervenor-Defendants. Motion Hearing SET for 2/6/2020 at 02:00 PM in Courtroom 7 (MCE) before District Judge Morrison C. England Jr. (Attachments: # 1 Memorandum MPA, # 2 Exhibit A., # 3 Ex. B, # 4 Ex. C., # 5 Ex. D, # 6 Ex. E., # 7 Ex. F., # 8 Proposed Motion to Dismiss, # 9 Proposed Order)(Naifeh, Stuart) Modified on 12/17/2019 (Mena-Sanchez, L). (Entered: 12/16/2019) 1 Memorandum MPA View on RECAP 2 Ex. A View on RECAP 3 Ex. B. View on RECAP 4 Ex. C. View on RECAP 5 Ex. D. View on RECAP 6 Ex. E. View on RECAP 7 Ex. F. View on RECAP 8 Proposed Motion to Dismiss View on RECAP 9 Proposed Order View on RECAP	Dec. 16, 2019	Dec. 16, 2019 Clearinghouse
11	NOTICE of APPEARANCE by Vasudha Talla on behalf of California Common Cause, League of Women Voters of California, Mi Familia Vota Education Fund, UnidosUS. Attorney Talla, Vasudha added. (Talla, Vasudha) (Entered: 12/16/2019)	Dec. 16, 2019	Dec. 16, 2019 PACER
12	PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by California Common Cause, League of Women Voters of California, Mi Familia Vota Education Fund, UnidosUS for attorney Davin McKay Rosborough to appear Pro Hac Vice. (Filing fee $ 225, receipt number 0972-8626103) (Talla, Vasudha) (Entered: 12/17/2019)	Dec. 17, 2019	Dec. 17, 2019 PACER
13	PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by California Common Cause, League of Women Voters of California, Mi Familia Vota Education Fund, UnidosUS for attorney Sarah Elizabeth Brannon to appear Pro Hac Vice. (Filing fee $ 225, receipt number 0972-8626116) (Talla, Vasudha) (Entered: 12/17/2019)	Dec. 17, 2019	Dec. 17, 2019 PACER
14	(DISREGARD and REFER to 15 Notice of Appearance) NOTICE of APPEARANCE by Shilpi Agarwal on behalf of Roxanne Hoge. Attorney Agarwal, Shilpi added. (Agarwal, Shilpi) Modified on 12/17/2019 (Kastilahn, A). (Entered: 12/17/2019)	Dec. 17, 2019	Dec. 17, 2019 PACER
15	NOTICE of APPEARANCE by Shilpi Agarwal on behalf of California Common Cause. Attorney Agarwal, Shilpi added. (Agarwal, Shilpi) (Entered: 12/17/2019)	Dec. 17, 2019	Dec. 17, 2019 PACER
16	PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by California Common Cause, League of Women Voters of California, Mi Familia Vota Education Fund, UnidosUS for attorney Adam Lioz to appear Pro Hac Vice. (Filing fee $ 225, receipt number 0972-8628804) (Attachments: # 1 Appendix Certificate of Good Standing Adam Lioz)(Naifeh, Stuart) (Entered: 12/18/2019)	Dec. 18, 2019	Dec. 18, 2019 PACER
17	PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by California Common Cause, League of Women Voters of California, Mi Familia Vota Education Fund, UnidosUS for attorney Chiraag Bains to appear Pro Hac Vice. (Filing fee $ 225, receipt number 0972-8629312) (Attachments: # 1 Appendix Certificate of Good Standing Chiraag Bains)(Naifeh, Stuart) (Entered: 12/18/2019)	Dec. 18, 2019	Dec. 18, 2019 PACER
18	PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by Sophie Kosmacher, Kelly Lippman, Anadela Navarrete Gomez for attorney Chad W. Dunn to appear Pro Hac Vice. (Filing fee $ 225, receipt number 0972-8630672) (Attachments: # 1 Exhibit Certificate of Good Standing)(Diaz, Sonja) (Entered: 12/19/2019)	Dec. 19, 2019	Dec. 19, 2019 PACER
19	MINUTE ORDER (Text Only) issued by courtroom deputy for Senior District Judge, Morrison C. England, Jr.: On the Court's own motion and pursuant to Local Rule 230(g), the 2/6/2020 hearing on the Motion to Dismiss 9 and the Motion to Intervene 10 is vacated and submitted without appearance and argument. The opposition or statement of non-opposition and reply due dates shall be filed in accordance with the original motion hearing date. If the Court determines that oral argument is needed it will be scheduled at a later date. Any outstanding request for telephonic appearance is denied as moot. (Deutsch, S) (Entered: 12/19/2019)	Dec. 19, 2019	Dec. 19, 2019 PACER
20	PRO HAC VICE ORDER signed by District Judge Morrison C. England, Jr. on 1/6/2020 ORDERING attorney Davin McKay Rosborough, PHV, added for California Common Cause, League of Women Voters of California, Mi Familia Vota Education Fund and UnidosUS. (Zignago, K.) (Entered: 01/06/2020)	Jan. 6, 2020	Jan. 6, 2020 PACER
21	PRO HAC VICE ORDER signed by District Judge Morrison C. England, Jr. on 1/6/2020 ORDERING attorney Sarah Elizabeth Brannon, PHV, added for California Common Cause, League of Women Voters of California, Mi Familia Vota Education Fund and UnidosUS. (Zignago, K.) (Entered: 01/06/2020)	Jan. 6, 2020	Jan. 6, 2020 PACER
22	PRO HAC VICE ORDER signed by District Judge Morrison C. England, Jr. on 1/6/2020 ORDERING attorney Adam Lioz, PHV, added for California Common Cause, League of Women Voters of California, Mi Familia Vota Education Fund and UnidosUS. (Zignago, K.) (Entered: 01/06/2020)	Jan. 6, 2020	Jan. 6, 2020 PACER
23	PRO HAC VICE ORDER signed by District Judge Morrison C. England, Jr. on 1/6/2020 ORDERING attorney Chiraag Bains, PHV, added for California Common Cause, League of Women Voters of California, Mi Familia Vota Education Fund and UnidosUS. (Zignago, K.) (Entered: 01/06/2020)	Jan. 6, 2020	Jan. 6, 2020 PACER
24	PRO HAC VICE ORDER signed by District Judge Morrison C. England, Jr. on 1/6/2020 ORDERING attorney Chad Wilson Dunn, PHV, added for Sophie Kosmacher, Kelly Lippman and Anadela Navarrete Gomez. (Zignago, K.) (Entered: 01/06/2020)	Jan. 6, 2020	Jan. 6, 2020 PACER
25	NOTICE of VOLUNTARY DISMISSAL by Roxanne Hoge, Ali Mazarei, Corrin Rankin. (Dhillon, Harmeet) (Entered: 01/23/2020)	Jan. 23, 2020	Jan. 23, 2020 Clearinghouse
26	CASE CLOSED (text only entry): pursuant to 25 Notice of Voluntary Dismissal CASE CLOSED (Benson, A.) (Entered: 01/24/2020)	Jan. 24, 2020	Jan. 24, 2020 PACER