Case: White v. Clegg

2:19-cv-00913 | U.S. District Court for the Eastern District of California

Filed Date: May 21, 2019

Closed Date: Sept. 24, 2019

Clearinghouse coding complete

Case Summary

On May 21, 2019, plaintiff, a registered voter in San Joaquin County, filed an action in the U.S. District Court for the Eastern District of California against the city of Stockton, the city clerk, the registrar of voters, and California Secretary of State Alex Padilla in their official government capacity. Plaintiff alleged that defendants failed to comply with the National Voter Registration Act by failing to maintain current voter records. Plaintiff requested an order requiring defendants to…

On May 21, 2019, plaintiff, a registered voter in San Joaquin County, filed an action in the U.S. District Court for the Eastern District of California against the city of Stockton, the city clerk, the registrar of voters, and California Secretary of State Alex Padilla in their official government capacity. Plaintiff alleged that defendants failed to comply with the National Voter Registration Act by failing to maintain current voter records. Plaintiff requested an order requiring defendants to purge voter records of ineligible voters as required by the National Voter Registration Act to enable plaintiff to obtain the required number of signatures from eligible voters to repeal a City Ordinance for the City of Stockton, California. Plaintiff was primarily concerned with an ordinance that allegedly permitted defendants to place a lien on real property on behalf of private entities for unpaid utility bills. Plaintiff also requested an injunction to stop the implementation of the ordinance.

On June 12, 2019, defendants filed a motion to dismiss the action for failure to state a claim for which relief could be granted under rule 12(b)(6) of the Federal Rules of Civil Procedure. However, upon a review of the ordinance, Magistrate Judge Edmund F. Brennan determined that the action and each Defendants' Motion to Dismiss were moot because the City Ordinance only permitted the City of Stockton to place a lien on real property on behalf of the City for unpaid bills in connection with utility services that were provided by the City (and not private entities). Plaintiff and Defendants agreed with the Magistrate Judge's findings, and on September 24, 2019, the court issued an order dismissing the case in accordance with the Magistrate Judge's finding and recommendations. 

This case is now closed.

Summary Authors

Kierre Elvington (3/30/2024)

Documents in the Clearinghouse

Document
1

Complaint

May 21, 2019

May 21, 2019

Complaint
1-1

2:19-cv-00913

Civil Cover Sheet

May 21, 2019

May 21, 2019

Other
1

2:19-cv-00913

Complaint for Declaratory and Injunctive Relief

May 21, 2019

May 21, 2019

Complaint
1

2:19-cv-00913

Complaint for Declaratory and Injunctive Relief

May 21, 2019

May 21, 2019

Complaint
8-1

2:19-cv-00913

Memorandum of Points and Authorities in Support of Motion to Dismiss

White v. City of Stockton

June 10, 2019

June 10, 2019

Pleading / Motion / Brief
8-2

2:19-cv-00913

Declaration of Jamil R. Ghannam

White v. City of Stockton

June 10, 2019

June 10, 2019

Declaration/Affidavit
8

Notice of Motion and Motion to Dismiss

June 10, 2019

June 10, 2019

Pleading / Motion / Brief
8

2:19-cv-00913

Notice of Motion and Motion to Dismiss

White v. City of Stockton

June 10, 2019

June 10, 2019

Pleading / Motion / Brief
10-2

2:19-cv-00913

Proof of Service

June 12, 2019

June 12, 2019

Other
10

Defendant Melinda Bubroff's Notice of Motion and Motion to Dismiss Plaintiff's Complaint For Declaratory and Injunctive Relief

June 12, 2019

June 12, 2019

Pleading / Motion / Brief

Docket

See docket on RECAP: https://www.courtlistener.com/docket/16011447/pswhite-v-clegg/

Last updated April 8, 2024, 4:37 p.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against City of Stockton, Christian Clegg, Melinda Druboff, Alex Padilla by Ralph Lee White. (Attachments: # 1 Civil Cover Sheet)(Reader, L) (Entered: 05/21/2019)

1 Civil Cover Sheet

View on Clearinghouse

May 21, 2019

May 21, 2019

Clearinghouse

RECEIPT number #CAE200098329 $400.00 Civil Filing Fee fbo Ralph White by Ralph White on 5/21/2019. (Reader, L)

May 21, 2019

May 21, 2019

PACER
2

SUMMONS ISSUED as to *City of Stockton, Christian Clegg, Melinda Druboff, Alex Padilla* with answer to complaint due within *21* days. Attorney *Ralph Lee White* *2201 E. Eighth Street* *Stockton, California 95206*. (Reader, L) (Entered: 05/21/2019)

May 21, 2019

May 21, 2019

PACER
3

CIVIL NEW CASE DOCUMENTS ISSUED Initial Scheduling Conference set for 10/30/2019 at 10:00 AM in Courtroom 8 (EFB) before Magistrate Judge Edmund F. Brennan. (Attachments: # 1 Consent Form) (Reader, L) (Entered: 05/21/2019)

May 21, 2019

May 21, 2019

PACER

SERVICE BY MAIL: [HAND DELIVERED] 2 Summons, 3 Civil New Case Documents for JAM served on Ralph Lee White. (Reader, L)

May 21, 2019

May 21, 2019

PACER
4

CONSENT to JURISDICTION of US MAGISTRATE JUDGE by Ralph Lee White. (Becknal, R) (Entered: 05/29/2019)

May 28, 2019

May 28, 2019

PACER
5

SUMMONS RETURNED EXECUTED: Melinda Druboff served on 5/22/19. (Becknal, R) (Entered: 05/29/2019)

May 28, 2019

May 28, 2019

PACER
6

SUMMONS RETURNED EXECUTED: City of Stockton served on 5/21/19. (Becknal, R) (Entered: 05/29/2019)

May 28, 2019

May 28, 2019

PACER
7

SUMMONS RETURNED EXECUTED: Alex Padilla served on 5/28/19. (Becknal, R) (Entered: 05/29/2019)

May 28, 2019

May 28, 2019

PACER
8

MOTION to DISMISS by City of Stockton, Christian Clegg. Attorney Ghannam, Jamil Radwan added. Motion Hearing set for 7/17/2019 at 10:00 AM in Courtroom 8 (EFB) before Magistrate Judge Edmund F. Brennan. (Attachments: # 1 Memorandum of Points and Authorities, # 2 Declaration of Jamil R. Ghannam, # 3 Proof of Service)(Ghannam, Jamil) Modified on 6/11/2019 (Becknal, R). (Entered: 06/10/2019)

1 Memorandum

View on Clearinghouse

2 Declaration of Jamil R. Ghannam

View on Clearinghouse

3 Proof of Service

View on PACER

June 10, 2019

June 10, 2019

Clearinghouse
9

DECLINE to PROCEED BEFORE US MAGISTRATE JUDGE by City of Stockton, Christian Clegg. (Ghannam, Jamil) (Entered: 06/10/2019)

June 10, 2019

June 10, 2019

PACER
10

MOTION to DISMISS by Melinda Druboff. Attorney Sakata, Erin Hiroko added. Motion Hearing set for 7/17/2019 at 10:00 AM in Courtroom 8 (EFB) before Magistrate Judge Edmund F. Brennan. (Attachments: # 1 Points and Authorities, # 2 Proof of Service)(Sakata, Erin) Modified on 6/13/2019 (Becknal, R). Modified on 6/17/2019 (Cannarozzi, N). (Entered: 06/12/2019)

1 Points and Authorities

View on Clearinghouse

2 Proof of Service

View on Clearinghouse

June 12, 2019

June 12, 2019

Clearinghouse
12

RESPONSE to the court's meet and confer requirements by Ralph Lee White. (Becknal, R) (Entered: 06/13/2019)

June 12, 2019

June 12, 2019

PACER
11

CONSENT to JURISDICTION of US MAGISTRATE JUDGE by Melinda Druboff. Attorney Morrish, Jason Robert added. (Morrish, Jason) (Entered: 06/13/2019)

June 13, 2019

June 13, 2019

PACER
13

MOTION to DISMISS by Alex Padilla. Attorney Stegeman, Chad A. added. Motion Hearing set for 7/31/2019 at 10:00 AM in Courtroom 8 (EFB) before Magistrate Judge Edmund F. Brennan. (Attachments: # 1 Memorandum)(Stegeman, Chad) Modified on 6/18/2019 (Mena-Sanchez, L). (Entered: 06/18/2019)

1 Memorandum of Points and Authorities in Support of Motion to Dismiss

View on Clearinghouse

June 18, 2019

June 18, 2019

Clearinghouse
14

DECLINE to PROCEED BEFORE US MAGISTRATE JUDGE by Alex Padilla. (Stegeman, Chad) Modified on 6/18/2019 (Mena-Sanchez, L). (Entered: 06/18/2019)

June 18, 2019

June 18, 2019

PACER
15

MINUTE ORDER: The 7/17/2019 hearing re: Defts' Motions to Dismiss 8 and 10 are ordered CONTINUED to 7/31/2019 at 10:00 AM in Courtroom 8 (EFB) before Magistrate Judge Edmund F. Brennan. Ordered by Magistrate Judge Edmund F. Brennan on 6/18/2019. (Text only entry)(Cannarozzi, N) (Entered: 06/18/2019)

June 18, 2019

June 18, 2019

PACER

SERVICE BY MAIL: 15 Minute Order served on Ralph Lee White. (Cannarozzi, N)

June 18, 2019

June 18, 2019

PACER
16

AMENDED CERTIFICATE OF SERVICE by Alex Padilla re 13 Motion to Dismiss and 14 Decline of Jurisdiction of US Magistrate Judge. (Stegeman, Chad) Modified on 6/19/2019 (Coll, A). (Entered: 06/18/2019)

June 18, 2019

June 18, 2019

PACER
17

OPPOSITION by Ralph Lee White to 8, 10, and 13 Motions to Dismiss. (Huang, H) (Entered: 06/28/2019)

June 27, 2019

June 27, 2019

Clearinghouse
18

REPLY by City of Stockton, Christian Clegg to 17 Opposition to Motion. (Attachments: # 1 Request for Judicial Notice)(Ghannam, Jamil) Modified on 7/24/2019 (Coll, A). (Entered: 07/23/2019)

1 Request for Judicial

View on Clearinghouse

July 23, 2019

July 23, 2019

Clearinghouse
19

REPLY by Alex Padilla re 13 Motion to Dismiss. (Stegeman, Chad) (Entered: 07/24/2019)

July 24, 2019

July 24, 2019

Clearinghouse
20

REPLY by Melinda Druboff re 17 Opposition to Motion. (Sakata, Erin) (Entered: 07/24/2019)

July 24, 2019

July 24, 2019

Clearinghouse
21

MINUTES (Text Only) for MOTION HEARING held on 7/31/2019 before Magistrate Judge Edmund F. Brennan re: Defts' Motions to Dismiss 8, 10, 13 . All parties present. Arguments heard regarding the pending motions. Findings and Recommendations to issue. Plaintiff, in pro se, present. Defendants Counsel Chad Stegeman, Jamil Ghannam and Erin Sakata present. Court Reporter/CD Number: ECRO. (Cannarozzi, N) (Entered: 07/31/2019)

July 31, 2019

July 31, 2019

PACER
22

EXHIBIT A by Ralph Lee White re: 7/31/2019 motion hearing 21 . (Cannarozzi, N) (Entered: 07/31/2019)

July 31, 2019

July 31, 2019

PACER
23

FINDINGS AND RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 8/1/2019 RECOMMENDING that this action be dismissed as moot, defendants' 8, 10, 13, motions to dismiss be denied as moot, and the clerk be directed to close the case. Referred to Judge John A. Mendez, Objections due within 14 days after being served with these F & R's. (Reader, L) Modified on 8/5/2019 (Reader, L). (Entered: 08/02/2019)

Aug. 2, 2019

Aug. 2, 2019

Clearinghouse

SERVICE BY MAIL: 23 Findings and Recommendations, served on Ralph Lee White. (Reader, L)

Aug. 2, 2019

Aug. 2, 2019

PACER
24

ORDER ADOPTING 23 FINDINGS AND RECOMMENDATIONS signed by District Judge John A. Mendez on 09/24/19 DISMISSING action as moot; 8, 10 and 13 Motions to Dismiss DENIED as MOOT. CASE CLOSED (Benson, A.) (Entered: 09/24/2019)

Sept. 24, 2019

Sept. 24, 2019

Clearinghouse
25

JUDGMENT dated *09/24/19* pursuant to order signed by District Judge John A. Mendez on 09/24/19. (Benson, A.) (Entered: 09/24/2019)

Sept. 24, 2019

Sept. 24, 2019

Clearinghouse

SERVICE BY MAIL: 24 Order Adopting Findings and Recommendations and 25 Judgment served on Ralph Lee White. (Benson, A.)

Sept. 24, 2019

Sept. 24, 2019

PACER

Case Details

State / Territory: California

Case Type(s):

Election/Voting Rights

Special Collection(s):

Law Firm Antiracism Alliance (LFAA) project

Key Dates

Filing Date: May 21, 2019

Closing Date: Sept. 24, 2019

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Private Plaintiff

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: Yes

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

City of Stockton, California (Stockton, San Joaquin), City

California, State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

National Voter Registration Act ("Motor Voter law"), 52 U.S.C. § 20501 (previously 42 U.S.C. § 1973gg)

Available Documents:

Trial Court Docket

Complaint (any)

Non-settlement Outcome

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None

Source of Relief:

None

Content of Injunction:

Recordkeeping

Issues

Voting:

Voter registration rules