Case: Soltysik v. Padilla

2:15-cv-07916 | U.S. District Court for the Central District of California

Filed Date: Oct. 8, 2015

Closed Date: Feb. 27, 2020

Clearinghouse coding complete

Case Summary

Proposition 14 changed California’s electoral system by making it such that any voter can vote for any candidate regardless of the voter’s or candidate’s party preference and the top two candidates from the primary advance to the general election (unlike the old partisan system used in the majority of states). California still allowed some candidates to communicate their political party preference to voters. However, under §§ 13105(a) and 8002.5(a) of the California Elections Code, this ability…

Proposition 14 changed California’s electoral system by making it such that any voter can vote for any candidate regardless of the voter’s or candidate’s party preference and the top two candidates from the primary advance to the general election (unlike the old partisan system used in the majority of states). California still allowed some candidates to communicate their political party preference to voters. However, under §§ 13105(a) and 8002.5(a) of the California Elections Code, this ability to share political affiliation was denied to candidates (like Plaintiffs) who are affiliated with “non-qualified” political parties (such as the Socialist Party USA).  

On October 8, 2015, members of the Socialist Party USA filed suit against the California Secretary of State (serving as the State’s chief elections officer) and County Clerk (serving as Los Angeles County’s registrar of voters) alleging that §§ 13105(a) and 8002.5(a) of the California Elections Code was unconstitutional. Plaintiffs brought suit in the U.S. District Court for the Central District of California. Both statutes allow only candidates affiliated with qualified political parties to list their party affiliation on the ballot. Plaintiffs sought a permanent injunction barring the California Secretary of State and County Clerk of Los Angeles from enforcing these provisions.

On April 22, 2016, the District Court granted a motion to dismiss Plaintiffs’ claims. The Court first summarized the applicable law, noting that the “Supreme Court developed a balancing test to resolve the tension between a candidate’s First Amendment rights and the state’s interest in preserving the fairness and integrity of the voting process” where courts are to “weight the character and magnitude of the burden the State’s rule imposes on those rights against the interests the State contends justify that burden, and consider the extent to which the State’s concerns make the burden necessary.’” When a regulation imposes a severe burden, strict scrutiny applies so the state must show the law is narrowly tailored to achieve a compelling government interest. When a regulation imposes only reasonable, nondiscriminatory restrictions, important regulatory interests are sufficient to justify the restriction. The Court found that ballot-label regulations place only a “modest burden” on rights, and that the state’s interest in protecting the integrity, fairness, and efficiency of the ballots justified the restriction.

On December 3, 2018, the Court of Appeals for the Ninth Circuit reversed the District Court’s dismissal and remanded. 910 F.3d 438. The Court of Appeals found that the burden the California statutes imposed was more than slight, warranting scrutiny that was neither strict nor wholly deferential, and further found that California failed to demonstrate as a matter of law why its ballot must describe plaintiff as having no party preference when in fact he prefers the Socialist Party USA, and that while the primary purported justification for the statutes (avoiding voter confusion) was an important government interest, it was unclear how the requirement of the statutes advanced that goal. On remand however, the case was ultimately voluntarily dismissed, because Plaintiff suffered health problems preventing them from continuing the action.

Summary Authors

Benjamin Witte (10/26/2023)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4153404/parties/emidio-soltysik-v-alex-padilla/


Judge(s)

Birotte, Andre (California)

show all people

Documents in the Clearinghouse

Document
1

2:15-cv-07916

Complaint for Declaratory and Injunctive Relief

Soltysik, Et Al V. Padilla, Et Al

Oct. 8, 2015

Oct. 8, 2015

Complaint
33

2:15-cv-07916

Complaint in Intervention of Californians to Defend the Open Primary

Soltysik, Et Al V. Padilla, Et Al

Dec. 11, 2015

Dec. 11, 2015

Complaint
61

2:15-cv-07916

Order Granting Motions to Dismiss

Soltysik, Et Al V. Padilla, Et Al

April 22, 2016

April 22, 2016

Order/Opinion
71

2:15-cv-07916

16-55758

Opinion

Soltysik, Et Al V. Padilla, Et Al

U.S. Court of Appeals for the Ninth Circuit

Dec. 3, 2018

Dec. 3, 2018

Order/Opinion

910 F.3d 910

79

2:15-cv-07916

Order Dismissing Californians to Defend the Open Primary With Prejudice

Soltysik, Et Al V. Padilla, Et Al

April 9, 2019

April 9, 2019

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4153404/emidio-soltysik-v-alex-padilla/

Last updated April 27, 2024, 3:23 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT Receipt No: 0973-16584528 - Fee: $400, filed by Plaintiffs Emidio Soltysik, Jennifer McClellan. (Attorney Kevin James Minnick added to party Jennifer McClellan(pty:pla), Attorney Kevin James Minnick added to party Emidio Soltysik(pty:pla))(Minnick, Kevin) (Entered: 10/08/2015)

Oct. 8, 2015

Oct. 8, 2015

Clearinghouse
2

CIVIL COVER SHEET filed by Plaintiffs Jennifer McClellan, Emidio Soltysik. (Minnick, Kevin) (Entered: 10/08/2015)

Oct. 8, 2015

Oct. 8, 2015

PACER
3

Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), 1, Civil Cover Sheet (CV-71) 2 filed by Plaintiffs Jennifer McClellan, Emidio Soltysik. (Minnick, Kevin) (Entered: 10/08/2015)

Oct. 8, 2015

Oct. 8, 2015

PACER
4

NOTICE of Interested Parties filed by Plaintiffs All Plaintiffs, identifying none. (Minnick, Kevin) (Entered: 10/08/2015)

Oct. 8, 2015

Oct. 8, 2015

PACER
5

NOTICE OF ASSIGNMENT to District Judge Andre Birotte Jr and Magistrate Judge Gail J. Standish. (car) (Entered: 10/08/2015)

Oct. 8, 2015

Oct. 8, 2015

PACER
6

NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (car) (Entered: 10/08/2015)

Oct. 8, 2015

Oct. 8, 2015

PACER
7

21 DAY Summons Issued re Complaint (Attorney Civil Case Opening), 1 as to Defendants Dean Logan, Alex Padilla. (car) (Entered: 10/08/2015)

Oct. 8, 2015

Oct. 8, 2015

PACER
8

TEXT ONLY ENTRY: Judge Andre Birotte Jr. is participating in a pilot project regarding the submission of SEALED DOCUMENTS. All proposed sealed documents must be submitted, via e-mail, to the Judge's Chambers email at AB_chambers@cacd.uscourts.gov. Please refer to the Judge's procedures and schedules for detailed instructions for submission of sealed documents. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cb) (Entered: 10/08/2015)

Oct. 8, 2015

Oct. 8, 2015

PACER
9

PROOF OF SERVICE Executed by Plaintiff Emidio Soltysik, Jennifer McClellan, upon Defendant Alex Padilla served on 10/13/2015, answer due 11/3/2015. Service of the Summons and Complaint were executed upon Alex Padilla, in only his official capacity as Secretary of State in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (Minnick, Kevin) (Entered: 10/20/2015)

Oct. 20, 2015

Oct. 20, 2015

PACER
10

PROOF OF SERVICE Executed by Plaintiff Emidio Soltysik, Jennifer McClellan, upon Defendant Dean Logan served on 10/13/2015, answer due 11/3/2015. Service of the Summons and Complaint were executed upon Dean Logan, in only his official capacity as Registrar-Recorder/County Clerk of the County of Los Angeles in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (Minnick, Kevin) (Entered: 10/20/2015)

Oct. 20, 2015

Oct. 20, 2015

PACER
11

ANSWER to Complaint (Attorney Civil Case Opening), 1 filed by Defendant Dean Logan.(Attorney Vicki Kozikoujekian added to party Dean Logan(pty:dft))(Kozikoujekian, Vicki) (Entered: 10/29/2015)

Oct. 29, 2015

Oct. 29, 2015

PACER
12

WAIVER OF SERVICE Returned Executed filed by Plaintiffs Emidio Soltysik, Jennifer McClellan. upon Alex Padilla waiver sent by Plaintiff on 10/27/2015, answer due 12/28/2015. Waiver of Service signed by Peter H. Chang, Deputy Attorney General. (Minnick, Kevin) (Entered: 10/29/2015)

Oct. 29, 2015

Oct. 29, 2015

PACER
13

ORDER SETTING SCHEDULING CONFERENCE by Judge Andre Birotte Jr.: A Scheduling Conference is set for 1/25/2016 at 10:00 AM before Judge Andre Birotte Jr. The Joint Rule 26(f) Report is due 1/11/2016. IT IS SO ORDERED. (cw) (Entered: 10/30/2015)

Oct. 30, 2015

Oct. 30, 2015

PACER
14

NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Answer to Complaint 11 . The following error(s) was found: Notice of Appearance and Answer should be efiled as separate documents. See Court's website for form: Notice of Appearance or Withdrawal of Counsel G-123. 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. (lom) (Entered: 11/04/2015)

Nov. 4, 2015

Nov. 4, 2015

PACER
15

* STRICKEN * INTERVENOR COMPLAINT against All Plaintiffs, filed by Intervener-Defendant Californians to Defend the Open Primary. (Attachments: # 1 Notice of Interested Parties [L.R. 7.1-1]) (Attorney Christopher Elliott Skinnell added to party Californians to Defend the Open Primary(pty:bkmov))(Skinnell, Christopher) ** DOCUMENT STRICKEN PURSUANT TO THE RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS FILED 11/24/2015 21 ** Modified on 11/24/2015 (gk). (Entered: 11/11/2015)

Nov. 11, 2015

Nov. 11, 2015

PACER
16

NOTICE OF MOTION AND MOTION to Intervene filed by Proposed Intervener-Defendant Californians to Defend the Open Primary. Motion set for hearing on 12/14/2015 at 10:00 AM before Judge Andre Birotte Jr. (Attachments: # 1 Proposed Order Granting Intervention) (Skinnell, Christopher) (Entered: 11/11/2015)

Nov. 11, 2015

Nov. 11, 2015

PACER
17

DECLARATION of Vigo G. Nielsen, Jr. in Support of NOTICE OF MOTION AND MOTION to Intervene 16 filed by Movant Californians to Defend the Open Primary. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6)(Skinnell, Christopher) (Entered: 11/11/2015)

1 Exhibit 1

View on PACER

2 Exhibit 2

View on PACER

3 Exhibit 3

View on PACER

4 Exhibit 4

View on PACER

5 Exhibit 5

View on PACER

6 Exhibit 6

View on PACER

Nov. 11, 2015

Nov. 11, 2015

RECAP
18

DECLARATION of Christopher E. Skinnell in Support of NOTICE OF MOTION AND MOTION to Intervene 16 filed by Movant Californians to Defend the Open Primary. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7)(Skinnell, Christopher) (Entered: 11/11/2015)

1 Exhibit 1

View on PACER

2 Exhibit 2

View on PACER

3 Exhibit 3

View on PACER

4 Exhibit 4

View on PACER

5 Exhibit 5

View on PACER

6 Exhibit 6

View on PACER

7 Exhibit 7

View on PACER

Nov. 11, 2015

Nov. 11, 2015

RECAP

FILING FEE PAID for new civil case. Receipt No. 0973-16767375 for $400 filing fee. (Skinnell, Christopher)

Nov. 11, 2015

Nov. 11, 2015

PACER
19

OPPOSITION in Opposition to re: NOTICE OF MOTION AND MOTION to Intervene 16 Plaintiffs' Opposition to Non-Party Californians to Defend the Open Primary's Motion to Intervene filed by Plaintiffs Jennifer McClellan, Emidio Soltysik. (Attachments: # 1 Declaration of Kevin J. Minnick in Support of Plaintiffs' Opposition to Non-Party Californians to Defend the Open Primary's Motion to Intervene, # 2 Proof of Service)(Minnick, Kevin) (Entered: 11/23/2015)

1 Declaration of Kevin J. Minnick in Support of Plaintiffs' Opposition to Non

View on RECAP

2 Proof of Service

View on PACER

Nov. 23, 2015

Nov. 23, 2015

PACER
20

NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: (Proposed) Complaint in Intervention filed 11/11/2015 15 . The following error(s) was found: This document tendered for the judge's approval should have been submitted as a separate PDF attachment to the Motion to Intervene, document number 16, or a Notice of Lodging, Local Rule 5-4.4.1. Notice of Interested Parties submitted as a separate PDF attachment to this entry, and should have been docketed separately. 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: 11/23/2015)

Nov. 23, 2015

Nov. 23, 2015

PACER
21

RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS by Clerk RE: Intervenor Complaint filed 11/11/2015 15 . The document is stricken. Counsel shall re-file the Proposed Intervenor Complaint attached to a Notice of Lodging. Counsel shall also file separately, the Certificate of Interested Parties. (gk) (Entered: 11/24/2015)

Nov. 24, 2015

Nov. 24, 2015

PACER
22

NOTICE OF APPEARANCE of California Attorney General Office Peter H. Chang on behalf of Defendant Alex Padilla. (Attorney Peter H Chang added to party Alex Padilla(pty:dft))(Chang, Peter) (Entered: 11/30/2015)

Nov. 30, 2015

Nov. 30, 2015

PACER
23

NOTICE of Interested Parties filed by Proposed Intervener-Defendant Californians to Defend the Open Primary, identifying None. (Skinnell, Christopher) (Entered: 11/30/2015)

Nov. 30, 2015

Nov. 30, 2015

PACER
24

NOTICE OF LODGING filed Proposed Complaint in Intervention re NOTICE OF MOTION AND MOTION to Intervene 16 (Attachments: # 1 Exhibit Proposed Complaint in Intervention)(Skinnell, Christopher) (Entered: 11/30/2015)

Nov. 30, 2015

Nov. 30, 2015

PACER
25

REPLY in Support of NOTICE OF MOTION AND MOTION to Intervene 16 filed by Movant Californians to Defend the Open Primary. (Skinnell, Christopher) (Entered: 11/30/2015)

Nov. 30, 2015

Nov. 30, 2015

PACER
26

REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Intervene 16 filed by Movant Californians to Defend the Open Primary. (Attachments: # 1 Exhibit 1)(Skinnell, Christopher) (Entered: 11/30/2015)

1 Exhibit 1

View on PACER

Nov. 30, 2015

Nov. 30, 2015

RECAP
27

NOTICE OF NON-OPPOSITION to NOTICE OF MOTION AND MOTION to Intervene 16 filed by Defendant Alex Padilla. (Chang, Peter) (Entered: 12/02/2015)

Dec. 2, 2015

Dec. 2, 2015

PACER
28

NOTICE OF NON-OPPOSITION to NOTICE OF MOTION AND MOTION to Intervene 16 filed by Defendant Dean Logan. (Kozikoujekian, Vicki) (Entered: 12/03/2015)

Dec. 3, 2015

Dec. 3, 2015

PACER
29

NOTICE OF CLERICAL ERROR: Due to clerical error Re: Notice of Attorney Appearance or Reassignment for the California Attorney General Office 22 Due to clerical error, attorney Marc A. LeForestier was erroneously added to the docket. Attorney will be removed. (lt) (Entered: 12/07/2015)

Dec. 7, 2015

Dec. 7, 2015

PACER
30

REQUEST for Leave of Peter H. Chang to Appear for by telephone for December 14, 2015, 10:00 a.m. hearing on Motion to Intervene filed by Defendant Alex Padilla. Request set for hearing on 12/14/2015 at 10:00 AM before Judge Andre Birotte Jr. (Attachments: # 1 Proposed Order) (Chang, Peter) (Entered: 12/07/2015)

Dec. 7, 2015

Dec. 7, 2015

PACER
31

ORDER by Judge Andre Birotte Jr. Having duly considered Defendant Alex Padilla's Request to Appear Telephonically 30, it is hereby ORDERED that Defendant Padilla may appear telephonically on Monday, December 14, 2015, at 10:00 a.m., for the hearing on Californians to Defend the Open Primary's Motion to Intervene. IT IS FURTHER ORDERED that, no later than Friday, December 11, 2015, at 12:00 p.m., counsel for Defendant Padilla shall provide the Court's Courtroom Deputy, via email, at AB_Chambers@cacd.uscourts.gov, the phone number (landlines only) at which he may be reached, and he must be available to be reached at said phone number on the day of the hearing for at least one-half hour before and one-half hour after the hearing is scheduled to begin. (iv) (Entered: 12/09/2015)

Dec. 9, 2015

Dec. 9, 2015

PACER
32

MINUTES (IN CHAMBERS) Order GRANTING Motion to Intervene by Judge Andre Birotte Jr.: Californians to Defend the Open Primary's ("CADOP") motion to intervene as of right 16 is hereby GRANTED. CADOP shall file its Complaint in Intervention within three days of the issuance of this Order. Court Reporter: N/A. (gk) (Entered: 12/11/2015)

Dec. 11, 2015

Dec. 11, 2015

PACER
33

INTERVENOR COMPLAINT against Plaintiffs All Plaintiffs, filed by Intervener-Defendant Californians to Defend the Open Primary.(Skinnell, Christopher) (Entered: 12/11/2015)

Dec. 11, 2015

Dec. 11, 2015

Clearinghouse
34

STIPULATION Extending Time to Answer the complaint as to Alex Padilla answer now due 1/11/2016; Californians to Defend the Open Primary answer now due 1/11/2016, re Complaint (Attorney Civil Case Opening), 1 filed by Defendant Alex Padilla.(Chang, Peter) (Entered: 12/11/2015)

Dec. 11, 2015

Dec. 11, 2015

PACER
35

ANSWER to Intervenor Complaint 33 Plaintiffs' Answer to Complaint in Intervention of Californians to Defend the Open Primary filed by Plaintiffs Jennifer McClellan, Emidio Soltysik.(Minnick, Kevin) (Entered: 01/04/2016)

Jan. 4, 2016

Jan. 4, 2016

PACER
36

Joint STIPULATION to Reschedule Briefing Schedule filed by Plaintiffs Jennifer McClellan, Emidio Soltysik. (Attachments: # 1 Proposed Order Granting Briefing Schedule for Motions to Dismiss)(Minnick, Kevin) (Entered: 01/07/2016)

Jan. 7, 2016

Jan. 7, 2016

PACER
37

ORDER GRANTING BRIEFING SCHEDULE FOR MOTIONS TO DISMISS by Judge Andre Birotte Jr.: Upon Stipulation 36, IT IS HEREBY ORDERED that Plaintiffs' opposition to any motions to dismiss filed by Defendants or Intervenor-Defendant on 1/11/2016 are due on 2/15/2016. Defendants' and Intervenor Defendant's reply briefs in support of their respective motions to dismiss are due on 2/29/2016. (gk) (Entered: 01/11/2016)

Jan. 8, 2016

Jan. 8, 2016

PACER
38

JOINT REPORT Rule 26(f) Discovery Plan Joint Report and Discovery Plan Pursuant to Fed. R. Civ. P. 26(f) and Local Rule 26-1 ; estimated length of trial 2-3 days, filed by Plaintiffs Jennifer McClellan, Emidio Soltysik.. (Minnick, Kevin) (Entered: 01/11/2016)

Jan. 11, 2016

Jan. 11, 2016

PACER
39

NOTICE OF MOTION AND MOTION to Dismiss Complaint (Dkt. #1) filed by Intervener-Defendant Californians to Defend the Open Primary. Motion set for hearing on 3/14/2016 at 10:00 AM before Judge Andre Birotte Jr. (Skinnell, Christopher) (Entered: 01/11/2016)

Jan. 11, 2016

Jan. 11, 2016

PACER
40

REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Dismiss Complaint (Dkt. #1) 39 filed by Intervenor Defendant Californians to Defend the Open Primary. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Skinnell, Christopher) (Entered: 01/11/2016)

Jan. 11, 2016

Jan. 11, 2016

PACER
41

NOTICE OF MOTION AND MOTION to Dismiss Complaint filed by Defendant Alex Padilla. Motion set for hearing on 3/14/2016 at 10:00 AM before Judge Andre Birotte Jr. (Attachments: # 1 Proposed Order) (Chang, Peter) (Entered: 01/11/2016)

Jan. 11, 2016

Jan. 11, 2016

PACER
42

Notice of Appearance or Withdrawal of Counsel: for attorney Brendan M Hamme counsel for Plaintiffs Jennifer McClellan, Emidio Soltysik. David B Sapp is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Plaintiffs Emilio Soltysik, et. al.. (Hamme, Brendan) (Entered: 01/12/2016)

Jan. 12, 2016

Jan. 12, 2016

PACER
43

Notice of Appearance or Withdrawal of Counsel: for attorney Brendan M Hamme counsel for Plaintiffs Jennifer McClellan, Emidio Soltysik. Adding Peter J Eliasberg as counsel of record for Plaintiffs for the reason indicated in the G-123 Notice. Filed by Plaintiffs Emilio Soltysik, et. al.. (Hamme, Brendan) (Entered: 01/12/2016)

Jan. 12, 2016

Jan. 12, 2016

PACER
44

(IN CHAMBERS) ORDER CONTINUING SCHEDULING CONFERENCE by Judge Andre Birotte Jr. The Court, on its own motion, hereby CONTINUES the Scheduling Conference from January 25, 2016 to Monday, March 14, 2016 at 10:00 am before Judge Andre Birotte Jr. IT IS SO ORDERED.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cb) TEXT ONLY ENTRY (Entered: 01/21/2016)

Jan. 21, 2016

Jan. 21, 2016

PACER
45

STATEMENT Non-Opposition filed by Defendant Dean Logan (Kozikoujekian, Vicki) (Entered: 02/08/2016)

Feb. 8, 2016

Feb. 8, 2016

PACER
46

STATEMENT Non-Opposition filed by Defendant Dean Logan (Kozikoujekian, Vicki) (Entered: 02/08/2016)

Feb. 8, 2016

Feb. 8, 2016

PACER
47

STIPULATION to Exceed Page Limitation as to One Consolidated Opposition To Defendants' Motions To Dismiss Of No More Than 40 Pages And To Increase The Reply Page Limit To 30 Pages filed by Plaintiffs Jennifer McClellan, Emidio Soltysik. (Attachments: # 1 Proposed Order)(Minnick, Kevin) (Entered: 02/08/2016)

Feb. 8, 2016

Feb. 8, 2016

PACER
48

ORDER GRANTING STIPULATION TO FILE ONE CONSOLIDATED OPPOSITION TO DEFENDANTS' MOTIONS TO DISMISS OF NO MORE THAN 40 PAGES AND TO INCREASE THE REPLY PAGE LIMIT TO 30 PAGES by Judge Andre Birotte Jr.: Upon Stipulation 47, IT IS HEREBY ORDERED that Plaintiffs will file one consolidated opposition to Defendant Padilla's motion to dismiss and to Intervenor-Defendant's motion to dismiss of no more than 40 pages. CADOP and Defendant Padilla will each file a reply of no more than 30 pages. (gk) (Entered: 02/11/2016)

Feb. 11, 2016

Feb. 11, 2016

PACER
49

OPPOSITION re: NOTICE OF MOTION AND MOTION to Dismiss Complaint 41, NOTICE OF MOTION AND MOTION to Dismiss Complaint (Dkt. #1) 39 Plaintiffs' Consolidated Opposition to Defendant Alex Padilla and Intervenor-Defendant Californians to Defend the Open Primary's Motions to Dismiss filed by Plaintiffs Jennifer McClellan, Emidio Soltysik. (Minnick, Kevin) (Entered: 02/15/2016)

Feb. 15, 2016

Feb. 15, 2016

PACER
50

REPLY in support of NOTICE OF MOTION AND MOTION to Dismiss Complaint 41 filed by Defendant Alex Padilla. (Chang, Peter) (Entered: 02/29/2016)

Feb. 29, 2016

Feb. 29, 2016

PACER
51

REPLY in Support of NOTICE OF MOTION AND MOTION to Dismiss Complaint (Dkt. #1) 39 filed by Intervenor Defendant Californians to Defend the Open Primary. (Attachments: # 1 Exhibit Attachment A, # 2 Proposed Order Granting Motion to Dismiss)(Skinnell, Christopher) (Entered: 02/29/2016)

Feb. 29, 2016

Feb. 29, 2016

PACER
52

REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Dismiss Complaint (Dkt. #1) 39 (Supplemental Request) filed by Intervenor Defendant Californians to Defend the Open Primary. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Skinnell, Christopher) (Entered: 02/29/2016)

1 Exhibit 1

View on PACER

2 Exhibit 2

View on PACER

Feb. 29, 2016

Feb. 29, 2016

RECAP
53

Notice of Appearance or Withdrawal of Counsel: for attorney Vicki Kozikoujekian counsel for Defendant Dean Logan. Adding Rene C. Gilbertson as counsel of record for Dean C. Logan for the reason indicated in the G-123 Notice. Vicki Kozikoujekian is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Defendant Dean C. Logan. (Kozikoujekian, Vicki) (Entered: 03/04/2016)

March 4, 2016

March 4, 2016

PACER
54

EX PARTE APPLICATION for Order for Shortening Time on Proposed Motion to Strike Documents 51-1 and 51-2 filed by Plaintiffs Jennifer McClellan, Emidio Soltysik. (Attachments: # 1 Declaration of Kevin J. Minnick, # 2 Proposed Order Granting Plaintiffs' Ex Parte Application for Order Shortening Time on Proposed Motion to Strike Documents 51-1 and 51-2) (Minnick, Kevin) (Entered: 03/07/2016)

March 7, 2016

March 7, 2016

PACER
55

NOTICE OF MOTION AND MOTION to Strike Documents 51-1 and 51-2 as Improper Reply (Motion related), 51 filed by Plaintiffs Jennifer McClellan, Emidio Soltysik. Motion set for hearing on 3/14/2016 at 10:00 AM before Judge Andre Birotte Jr. (Attachments: # 1 Declaration of Kevin J. Minnick, # 2 Proposed Order Granting Plaintiffs' Motion to Strike) (Minnick, Kevin) (Entered: 03/07/2016)

March 7, 2016

March 7, 2016

PACER
56

ORDER GRANTING PLAINTIFFS' EX PARTE APPLICATION FOR ORDER SHORTENING TIME ON PROPOSED MOTION TO STRIKE DOCUMENTS 51-1 AND 51-2 by Judge Andre Birotte Jr.: Upon Plaintiffs' Ex Parte Application For Order Shortening Time on Proposed Motion To Strike ECF Nos. 51-1 And 51-2 54, IT IS HEREBY ORDERED that Plaintiffs' Motion to Strike 55 shall be heard on 3/14/2016 at 10:00 AM. Intervenor Defendant CADOP must file a response to the Motion to Strike, if any, on or before noon on 3/10/2016, and Plaintiffs must file a reply in further support of the Motion to Strike, if any, on or before midnight 3/11/2016. (gk) (Entered: 03/09/2016)

March 9, 2016

March 9, 2016

PACER
57

Intervenor's Memorandum in Opposition re: NOTICE OF MOTION AND MOTION to Strike Documents 51-1 and 51-2 as Improper Reply (Motion related), 51 55 filed by Intervenor Defendant Californians to Defend the Open Primary. (Attachments: # 1 Proposed Order Denying Motion to Strike)(Skinnell, Christopher) (Entered: 03/10/2016)

March 10, 2016

March 10, 2016

PACER
58

REPLY in Support of NOTICE OF MOTION AND MOTION to Strike Documents 51-1 and 51-2 as Improper Reply (Motion related), 51 55 Plaintiffs' Reply in Support of Plaintiffs' Motion to Strike Documents 51-1 and 51-2 filed by Plaintiffs Jennifer McClellan, Emidio Soltysik. (Minnick, Kevin) (Entered: 03/11/2016)

March 11, 2016

March 11, 2016

RECAP
59

MINUTES OF SCHEDULING CONFERENCE; 1) INTERVENOR-DEFENDANT CALIFORNIANS TO DEFEND THE OPEN PRIMARYS MOTION TO DISMISS 39 ; 2) DEFENDANT ALEX PADILLA'S MOTION TO DISMISS 41 ; and 3) PLAINTIFFS EMIDIO SOLTYSIK AND JENNIFER MCCELLANS MOTION TO STRIKE DOCUMENTS 51-1 AND 51-2 55 held before Judge Andre Birotte Jr. The Courtroom Deputy Clerk distributes the Courts tentative ruling prior to the case being called. The Court having carefully considered the papers and the evidence submitted by the parties, and having heard the oral argument of counsel, hereby takes the motions and Scheduling Conference under submission. For the reasons stated on the record, the discovery in this matter is STAYED until the Court issues a ruling on the motions. IT IS SO ORDERED. Court Reporter: Chia Mei Jui. (iv) (Entered: 03/14/2016)

March 14, 2016

March 14, 2016

PACER
60

TRANSCRIPT ORDER as to Plaintiffs Jennifer McClellan, Emidio Soltysik for Court Reporter. Court will contact Michelle Ochoa at mochoa@aclusocal.org with any questions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (Hamme, Brendan) (Entered: 03/21/2016)

March 21, 2016

March 21, 2016

RECAP
61

ORDER GRANTING MOTIONS TO DISMISS 39 41 by Judge Andre Birotte Jr. For the foregoing reasons, Plaintiffs' Complaint fails to state any claim for relief. Defendants motions to dismiss are therefore GRANTED. No amendment will salvage Plaintiffs claims, so the action is dismissed with prejudice. (MD JS-6. Case Terminated) (lom) (Entered: 04/25/2016)

April 22, 2016

April 22, 2016

Clearinghouse
62

TRANSCRIPT ORDER as to Plaintiffs Jennifer McClellan, Emidio Soltysik for Court Reporter. Court will contact Jon Powell at jon.powell@probonolaw.com with any questions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (Minnick, Kevin) (Entered: 04/26/2016)

April 26, 2016

April 26, 2016

PACER
63

TRANSCRIPT for proceedings held on 3/14/16, 11:27 a.m.. Court Reporter/Electronic Court Recorder: Chia Mei Jui, CSR, cmjui.csr@gmail.com, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through Chia Mei Jui, CSR, cmjui.csr@gmail.com or PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 6/8/2016. Redacted Transcript Deadline set for 6/20/2016. Release of Transcript Restriction set for 8/16/2016. (Jui, Chia) (Entered: 05/18/2016)

May 18, 2016

May 18, 2016

PACER

Notice of Filing Transcript

May 18, 2016

May 18, 2016

PACER
64

NOTICE OF FILING TRANSCRIPT filed for proceedings 3/14/16, 11:27 a.m. re Transcript 63 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (Jui, Chia) TEXT ONLY ENTRY (Entered: 05/18/2016)

May 18, 2016

May 18, 2016

PACER
65

NOTICE OF APPEAL to the 9th Circuit Court of Appeals filed by Plaintiff-Appellant Emidio Soltysik. Appeal of Order on Motion to Dismiss,,, 61 . (Appeal Fee - $505 Fee Paid, Receipt No. 0973-17857845.) (Attachments: # 1 Exhibit A - Order Granting Motions to Dismiss, dated April 22, 2016, # 2 Exhibit B - Representation Statement)(Minnick, Kevin) (Entered: 05/20/2016)

May 20, 2016

May 20, 2016

PACER
66

NOTIFICATION by Circuit Court of Appellate Docket Number 16-55758, 9th Circuit regarding Notice of Appeal to 9th Circuit Court of Appeals, 65 as to Plaintiff Emidio Soltysik. (mat) (Entered: 05/26/2016)

May 25, 2016

May 25, 2016

PACER
67

Notice of Appearance or Withdrawal of Counsel: for attorney Nicole Amber Davis Tinkham counsel for Defendant Dean Logan. Adding Nicole Davis Tinkham as counsel of record for Dean C Logan for the reason indicated in the G-123 Notice. Filed by defendant Dean C Logan. (Attorney Nicole Amber Davis Tinkham added to party Dean Logan(pty:dft))(Davis Tinkham, Nicole) (Entered: 11/21/2016)

Nov. 21, 2016

Nov. 21, 2016

PACER
68

Notice of Appearance or Withdrawal of Counsel: for attorney Nicole Amber Davis Tinkham counsel for Defendant Dean Logan. Rene C Gilbertson is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by defendant Dean Logan. (Davis Tinkham, Nicole) (Entered: 11/21/2016)

Nov. 21, 2016

Nov. 21, 2016

PACER
69

PROOF OF SERVICE filed by defendant Dean Logan, re Notice of Appearance or Withdrawal of Counsel (G-123), 67, Notice of Appearance or Withdrawal of Counsel (G-123), 68 served on 11/21/2016. (Davis Tinkham, Nicole) (Entered: 11/21/2016)

Nov. 21, 2016

Nov. 21, 2016

PACER
70

Notice of Appearance or Withdrawal of Counsel: for attorney Richard Enrique Girgado counsel for Defendant Dean Logan. Adding Gina Eachus as counsel of record for Dean Logan for the reason indicated in the G-123 Notice. Filed by Defendant Dean Logan. (Attorney Richard Enrique Girgado added to party Dean Logan(pty:dft))(Girgado, Richard) (Entered: 02/05/2018)

Feb. 5, 2018

Feb. 5, 2018

PACER
71

OPINION from Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals, 65 filed by Emidio Soltysik. CCA # 16-55758. The decision of the District Court is REVERSED AND REMANDED. (iv) (Entered: 12/06/2018)

Dec. 3, 2018

Dec. 3, 2018

Clearinghouse
72

ORDER from Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals 65 filed by Emidio Soltysik. CCA # 16-55758. The motions for an extension of time to file a petition for panel rehearing and/or rehearing en banc by Secretary of State Alex Padilla and Californians to Defend the Open Primary are GRANTED. (gk) (Entered: 12/12/2018)

Dec. 11, 2018

Dec. 11, 2018

PACER
73

ORDER from Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals 65 filed by Emidio Soltysik. CCA # 16-55758. Appellant's opposed application for reimbursement of costs is granted. Costs in the amount of $293.60 are taxed against appellees Alex Padilla and Dean Logan only. Costs will not be taxed against Intervenor/Appellee Californians to Defend the Open Primary. (gk) (Entered: 02/19/2019)

Feb. 14, 2019

Feb. 14, 2019

PACER
74

MANDATE of Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals, 65, CCA # 16-55758. The judgment of this Court, entered December 03, 2018, 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. Costs are taxed against the appellee Alex Padilla and Dean Logan only in the amount of $293.60. [See USCA OPINION 71, REVERSED AND REMANDED.](mat) (Entered: 02/21/2019)

Feb. 19, 2019

Feb. 19, 2019

PACER
75

MINUTE ORDER IN CHAMBERS by Judge Andre Birotte Jr: ORDER REOPENING CASE AND SETTING DEADLINES. The Defendants are ORDERED to file their Answer within 21 days of the issuance of this order. If either party believes that filing an Answer is NOT the next step, the parties shall meet and confer and file a Joint Status Report setting forth their positions within 7 days of the issuance of this order. re: USCA Mandate, 74 . Case reopened. MD JS-5. (twdb) (Entered: 03/20/2019)

March 19, 2019

March 19, 2019

RECAP
76

Joint STIPULATION to Dismiss Intervenor-Defendant Californians to Defend the Open Primary filed by Intervenor-Defendant Californians to Defend the Open Primary. (Attachments: # 1 Proposed Order)(Skinnell, Christopher) (Entered: 04/08/2019)

April 8, 2019

April 8, 2019

PACER
77

ANSWER to Complaint (Attorney Civil Case Opening), 1 filed by Defendant Alex Padilla.(Chang, Peter) (Entered: 04/09/2019)

April 9, 2019

April 9, 2019

RECAP
78

ORDER SETTING SCHEDULING CONFERENCE by Judge Andre Birotte Jr. Scheduling Conference set for 5/31/2019 at 10:00 AM before Judge Andre Birotte Jr. (cb) (Entered: 04/09/2019)

April 9, 2019

April 9, 2019

RECAP
79

ORDER DISMISSING CALIFORNIANS TO DEFEND THE OPEN PRIMARY WITH PREJUDICE by Judge Andre Birotte Jr.: Upon Stipulation 76, IT IS HEREBY ORDERED that the Californians to Defend the Open Primary shall be dismissed from this action as intervenor-defendants herein, with prejudice as to the claims raised in the Complaint (Dkt. No. 1). CADOP agrees to abide by any judgment ultimately issued with respect to those claims. (gk) (Entered: 04/10/2019)

April 9, 2019

April 9, 2019

Clearinghouse
80

Notice of Appearance or Withdrawal of Counsel: for attorney Gina Valerie Eachus counsel for Defendant Dean Logan. Adding Gina Valerie Eachus as counsel of record for Dean C. Logan for the reason indicated in the G-123 Notice. Filed by Defendant Dean C. Logan. (Attorney Gina Valerie Eachus added to party Dean Logan(pty:dft))(Eachus, Gina) (Entered: 04/10/2019)

April 10, 2019

April 10, 2019

PACER
81

ANSWER to Complaint (Attorney Civil Case Opening), 1 filed by Defendant Dean Logan.(Eachus, Gina) (Entered: 04/10/2019)

April 10, 2019

April 10, 2019

RECAP
83

Stipulation and Order

May 14, 2019

May 14, 2019

Clearinghouse
84

Joint Report Rule 26(f) Discovery Plan

June 1, 2019

June 1, 2019

PACER
89

Order/Referral to ADR (No 2) (Mediation Panel) (ADR-12)

June 12, 2019

June 12, 2019

PACER

Text Only Scheduling Notice

June 12, 2019

June 12, 2019

PACER
90

Scheduling Order

June 13, 2019

June 13, 2019

RECAP

Text Only Scheduling Notice

June 18, 2019

June 18, 2019

PACER
92

Hearing re Discovery Matter

June 24, 2019

June 24, 2019

RECAP
93

Hearing re Discovery Matter

June 24, 2019

June 24, 2019

RECAP
94

MINUTE ORDER IN CHAMBERS by Magistrate Judge Gail J. Standish. The Court is in receipt of the parties e-mail status report, sent pursuant to the Court's 6/24/19 Order [Dkt. 93], requesting additional time to meet and confer. The Court approves the parties request for a 21 day continuance of the deadlines set forth in that order. (sp) (Entered: 07/10/2019)

July 10, 2019

July 10, 2019

PACER
95

Notice of Appearance or Withdrawal of Counsel: for attorney Kevin James Minnick counsel for Plaintiff Emidio Soltysik. Evan George Slovak is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Plaintiff Emidio "Mimi" Soltysik. (Minnick, Kevin) (Entered: 11/13/2019)

Nov. 13, 2019

Nov. 13, 2019

PACER
96

Notice of Appearance or Withdrawal of Counsel: for attorney Alyssa E Musante counsel for Plaintiff Emidio Soltysik. Adding Alyssa E. Musante as counsel of record for Emidio "Mimi" Soltysik for the reason indicated in the G-123 Notice. Filed by plaintiff Emidio "Mimi" Soltysik. (Attorney Alyssa E Musante added to party Emidio Soltysik(pty:pla))(Musante, Alyssa) (Entered: 11/13/2019)

Nov. 13, 2019

Nov. 13, 2019

PACER
98

Order

Dec. 11, 2019

Dec. 11, 2019

Clearinghouse
99

Notice of Appearance or Withdrawal of Counsel: for attorney Kevin James Minnick counsel for Plaintiffs Jennifer McClellan, Emidio Soltysik. Kevin J. Minnick is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Plaintiffs Kevin J. Minnick. (Minnick, Kevin) (Entered: 01/28/2020)

Jan. 28, 2020

Jan. 28, 2020

PACER
100

Notice of Appearance or Withdrawal of Counsel: for attorney Richard Enrique Girgado counsel for Defendant Dean Logan. Richard Girgado is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by defendant Dean C. Logan. (Girgado, Richard) (Entered: 02/06/2020)

Feb. 6, 2020

Feb. 6, 2020

PACER
101

NOTICE of Voluntary Dismissal filed by plaintiff Emidio Soltysik. Dismissal is without prejudice. (Faigen, Zachary) (Entered: 02/27/2020)

Feb. 27, 2020

Feb. 27, 2020

RECAP

Case Details

State / Territory: California

Case Type(s):

Election/Voting Rights

Key Dates

Filing Date: Oct. 8, 2015

Closing Date: Feb. 27, 2020

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Members of the Socialist Party USA

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

California Secretary of State (Los Angeles), State

County Clerk of Los Angeles (Los Angeles), County

Case Details

Causes of Action:

42 U.S.C. § 1983

Available Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

Settlement

Form of Settlement:

Voluntary Dismissal

Issues

Voting:

Candidate qualifications

Election administration

Voting: General & Misc.