Case: Citizens For Fair Representation v. Padilla

2:17-cv-00973 | U.S. District Court for the Eastern District of California

Filed Date: May 8, 2017

Closed Date: Dec. 14, 2020

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Case Summary

This is a case alleging that California's limit on the number of state legislators violated California citizens' right to self-governance.  On May 8, 2017, Citizens for Fair Representation, a nonprofit voting rights organization, along with several local government entities, political parties, an unrecognized Native American tribe, and several individual California voters, filed this lawsuit in the U.S. District Court for the Eastern District of California (Sacramento) against the California Se…

This is a case alleging that California's limit on the number of state legislators violated California citizens' right to self-governance. 

On May 8, 2017, Citizens for Fair Representation, a nonprofit voting rights organization, along with several local government entities, political parties, an unrecognized Native American tribe, and several individual California voters, filed this lawsuit in the U.S. District Court for the Eastern District of California (Sacramento) against the California Secretary of State. They alleged California’s constitutional limit on the number of state legislators (40 Senators and 80 Assemblymembers) combined with the state’s large increase in population had created an unresponsive legislature in violation of the plaintiffs’ right to self-governance. Represented by private counsel, plaintiffs sued under the First, Ninth, and Fourteenth Amendments to the U.S. Constitution, as well as 52 USC § 10301. They sought an injunction creating new legislative districts, including at least one Native American majority district. Plaintiffs also requested the convening of a three-judge panel to hear their claim, pursuant to 28 U.S.C. § 2284(a). The case was assigned to U.S. District Judge Kimberly J. Mueller.

On May 30, 2017, the defendant filed a motion to dismiss for lack of subject matter jurisdiction and failure to state a claim.

On August 1, 2018, the district court denied plaintiffs’ motion to convene a three-judge panel. Although 28 U.S.C. § 2284(a) does provide for the convening of a three-judge court for constitutional challenges to the apportionment of state legislatures, doing so is not required if the original district court has not yet resolved whether the plaintiffs have standing to sue and whether the complaint is justiciable.

On November 29, 2018, the court granted the defendant’s motion to dismiss for lack of standing and non-justiciability. The court found that the plaintiffs did not have standing to sue because they failed to allege an injury sufficiently particularized to their specific circumstances and instead asserted only a general grievance (interference with the right to self-governance) that could be common to all Californians. Even if they did have standing, their claims were nonjusticiable because the requested relief would require the courts to resolve political questions that should be left to the legislative branch.

On December 27, 2018, the plaintiffs filed a notice of appeal to the Ninth Circuit (docket no. 18-17458). 

On June 9, 2020, the U.S. Court of Appeals for the Ninth Circuit affirmed the denial of a three-judge court and the dismissal of the plaintiffs’ claims due to lack of standing without addressing the question of justiciability.

On December 14, 2020, the U.S. Supreme Court declined to hear the case.

This case is closed. 

Summary Authors

John McGinnis (1/9/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/6087555/parties/citizens-for-fair-representation-v-padilla/


Judge(s)

Mueller, Kimberly Jo (California)

Attorney for Plaintiff

PHV, Scott E. (California)

Zerman, Gary L. (California)

Attorney for Defendant

Waters, George Michael (California)

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Documents in the Clearinghouse

Document
1

2:17-cv-00973

A Verified Complaint for Declaratory and Injunctive Relief for Misapportionment and Unconstitutional Vote Dilution & Abridgment in California Assembly & State Senate

May 8, 2017

May 8, 2017

Complaint
9

2:17-cv-00973

Defendant Alex Padilla's Notice of Motion & Motion to Dismiss; Memorandum of Points and Authorities [FRCP 12(b)(1), 12(b)(6)]

Citizens v. Padilla

May 30, 2017

May 30, 2017

Pleading / Motion / Brief
32

2:17-cv-00973

Order Denying Defendant's Motion to Dismiss

Citizens For Fair Repre v. Padilla

Feb. 1, 2018

Feb. 1, 2018

Order/Opinion
42

2:17-cv-00973

Defendant Alex Padilla's Notice of Motion & Motion to Dismiss Second Amended Complaint; Memorandum of Points and Authorities

Citizens v. Padilla

April 16, 2018

April 16, 2018

Pleading / Motion / Brief
63

2:17-cv-00973

Order Denying Plaintiffs' Motion to Convene to a Three-Judge Court

Citizens For Fair Repre v. Padilla

Aug. 1, 2018

Aug. 1, 2018

Order/Opinion
67

2:17-cv-00973

Order Dismissing Complaint and Closing Case

Citizens v. Padilla

Nov. 29, 2018

Nov. 29, 2018

Order/Opinion

2018 WL 6249911

69

2:17-cv-00973

Notice

Citizens v. Padilla

Dec. 27, 2018

Dec. 27, 2018

Pleading / Motion / Brief
72

2:17-cv-00973

Memorandum Affirming Lower Court Dismissal

Citizens v. Padilla

U.S. Court of Appeals for the Ninth Circuit

May 15, 2020

May 15, 2020

Order/Opinion

815 Fed.Appx. 120

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6087555/citizens-for-fair-representation-v-padilla/

Last updated Jan. 30, 2025, 3:15 p.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Alex Padilla by all plaintiffs. (Filing fee $400.00, receipt number 0972-7052395) (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C) (Zerman, Gary) (Entered: 05/08/2017)

May 8, 2017

May 8, 2017

Clearinghouse
2

[DISREGARD - see 4 Summons Re-issued] SUMMONS ISSUED as to *Alex Padilla* with answer to 1 Complaint due within *21* days. Attorney *Gary L. Zerman* *23935 Philbrook Avenue* *Valencia, CA 91354*. (Michel, G.) (Entered: 05/09/2017)

May 9, 2017

May 9, 2017

PACER
3

CIVIL NEW CASE DOCUMENTS ISSUED; Initial Scheduling Conference SET for 9/14/2017 at 02:30 PM in Courtroom 3 (KJM) before District Judge Kimberly J. Mueller. (Attachments: # 1 Standing Order, # 2 Consent Form, # 3 VDRP) (Michel, G.) (Entered: 05/09/2017)

May 9, 2017

May 9, 2017

PACER
4

SUMMONS RE-ISSUED as to *Alex Padilla* with answer to complaint due within *21* days. Attorney *Gary L. Zerman* *23935 Philbrook Avenue* *Valencia, CA 91354*. (Michel, G.) (Entered: 05/09/2017)

May 9, 2017

May 9, 2017

PACER
5

SUMMONS RETURNED EXECUTED: Alex Padilla served on 5/9/2017. (Michel, G.) (Entered: 05/09/2017)

May 9, 2017

May 9, 2017

PACER
6

PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by Citizens for Fair Representation for attorney Scott E. Stafne to appear Pro Hac Vice. (Filing fee $ 225, receipt number 0972-7057716) (Attachments: # 1 Affidavit Certificate of Good Standing)(Zerman, Gary) (Entered: 05/11/2017)

May 11, 2017

May 11, 2017

PACER
7

PRO HAC VICE ORDER signed by District Judge Kimberly J. Mueller on 5/16/2017. ADDING attorney Scott E. Stafne, PHV for Citizens for Fair Representation. (Washington, S) (Entered: 05/16/2017)

May 16, 2017

May 16, 2017

PACER
8

DECLINE TO PROCEED BEFORE US MAGISTRATE JUDGE by Alex Padilla. Attorney Waters, George Michael ADDED. (Waters, George) (Entered: 05/23/2017)

May 23, 2017

May 23, 2017

PACER
9

MOTION to DISMISS by Alex Padilla. Motion Hearing set for 8/25/2017 at 10:00 AM in Courtroom 3 (KJM) before District Judge Kimberly J. Mueller. (Waters, George) (Entered: 05/30/2017)

May 30, 2017

May 30, 2017

Clearinghouse
10

MINUTE ORDER issued by Courtroom Deputy C. Schultz for District Judge Kimberly J. Mueller: On the court's own motion, the Status (Pretrial Scheduling) Conference set for 9/14/2017 is VACATED and ADVANCED to 8/25/2017 at 10:00 AM in Courtroom 3 before District Judge Kimberly J. Mueller, with the filing of a joint status report due seven days prior. (Text Only Entry) (Schultz, C) (Entered: 06/28/2017)

June 28, 2017

June 28, 2017

PACER
11

MOTION TO AMEND the 1 Complaint by all plaintiffs. Motion Hearing SET for 8/25/2017 at 10:00 AM in Courtroom 3 (KJM) before District Judge Kimberly J. Mueller. (Attachments: # 1 Exhibit A, # 2 Exhibit B) (Zerman, Gary) (Entered: 07/28/2017)

July 28, 2017

July 28, 2017

PACER
12

NOTICE OF REQUIREMENT OF THREE JUDGE COURT pursuant to Local Rule 203 by all plaintiffs. (Zerman, Gary) (Entered: 07/28/2017)

July 28, 2017

July 28, 2017

PACER
13

OPPOSITION by Alex Padilla to 11 Motion to Amend the Complaint. (Waters, George) (Entered: 08/01/2017)

Aug. 1, 2017

Aug. 1, 2017

PACER
14

MINUTE ORDER issued by Courtroom Deputy A. Waldrop for District Judge Kimberly J. Mueller on 8/2/2017 : In light of plaintiff's complaint and notice of requirement of three judge court, (ECF Nos. 1, 12 ), the court has determined this case implicates 28 U.S.C. ยง 2284(a), providing for the convening of a three judge court. The court thereby DIRECTS the Clerk of Court to formally notify the Chief Judge of the Ninth Circuit of the pendency of this action, as 28 U.S.C. ยง 2284(b)(1) requires, so that he may appoint a three judge court. SO ORDERED. (TEXT ONLY ENTRY)(Waldrop, A) (Entered: 08/02/2017)

Aug. 2, 2017

Aug. 2, 2017

PACER
15

EX PARTE APPLICATION for Order Reconsidering (#14) Minute Order. by Alex Padilla (Waters, George) (Entered: 08/03/2017)

Aug. 3, 2017

Aug. 3, 2017

PACER
16

OPPOSITION by Citizens for Fair Representation to 9 Motion to Dismiss. (Zerman, Gary) (Entered: 08/08/2017)

Aug. 8, 2017

Aug. 8, 2017

PACER
17

MINUTE ORDER issued by Courtroom Deputy C. Schultz for District Judge Kimberly J. Mueller. In light of defendant's ex parte request (ECF No. 15 ) for reconsideration of this court's Minute Order (ECF No. 14), the court hereby SETS the motion for reconsideration for hearing on August 25, 2017 at 10:00 a.m., and ORDERS the following shortened briefing schedule on the request: Plaintiffs' opposition is due Monday, August 14, 2017 at 9:00 a.m.; defendants' reply, if any, is due Friday, August 18, 2017 at 9:00 a.m. Hearing on the motion to dismiss and motion to amend (ECF Nos. 9, 11 ) currently calendared for August 25 is CONTINUED to September 8, 2017 at 10:00 a.m., with any replies to oppositions to those motions now due by September 1, 2017 at noon. All hearings will be held in Courtroom 3 before District Judge Kimberly J. Mueller. (Text Only Entry) (Schultz, C) (Entered: 08/10/2017)

Aug. 10, 2017

Aug. 10, 2017

PACER
18

MINUTE ORDER issued by Courtroom Deputy C. Schultz for District Judge Kimberly J. Mueller: On the court's own motion, the Status (Pretrial Scheduling) Conference set for 8/25/2017 is VACATED and RESET for 9/8/2017 at 10:00 AM in Courtroom 3 before District Judge Kimberly J. Mueller, with the filing of a joint status report due seven days prior. (Text Only Entry) (Schultz, C) (Entered: 08/10/2017)

Aug. 10, 2017

Aug. 10, 2017

PACER
19

RESPONSE by Mark Baird, et al., to 15 Ex Parte Application for Reconsideration. Attorney Stafne, Scott E. added. (Stafne, Scott) (Entered: 08/13/2017)

Aug. 13, 2017

Aug. 13, 2017

PACER
20

REPLY by Alex Padilla in support re 15 Ex Parte Application for Reconsideration. (Waters, George) (Entered: 08/18/2017)

Aug. 18, 2017

Aug. 18, 2017

PACER
21

REPLY by Mark Baird, et al., to RESPONSE to 11 Motion to Amend the Complaint. (Zerman, Gary) (Entered: 08/22/2017)

Aug. 22, 2017

Aug. 22, 2017

PACER
22

MINUTE ORDER issued by Courtroom Deputy C. Schultz for District Judge Kimberly J. Mueller: Upon consideration of the parties' filings relating to the question of whether a three judge court need be convened to resolve defendant's pending motion to dismiss and plaintiffs' pending motion to amend, the court has determined that it is premature to request the convening of such a court prior to this court's threshold determination of jurisdiction and justiciability. See Shapiro v. McManus, 136 S. Ct. 450, 455 (2015). Defendant's ex parte application for reconsideration (ECF 15 ) is granted to the extent the direction to the Clerk of the Court at ECF 14 is WITHDRAWN until the court has resolved the pending motions. The August 25, 2017 hearing on the application for reconsideration is VACATED. (Text Only Entry) (Schultz, C) (Entered: 08/24/2017)

Aug. 24, 2017

Aug. 24, 2017

PACER
23

MOTION for SANCTIONS by Plaintiffs. Motion Hearing set for 9/8/2017 at 10:00 AM in Courtroom 3 (KJM) before District Judge Kimberly J. Mueller. (Attachments: # 1 Exhibit A, # 2 Declaration of G. Zerman, # 3 Exhibit A, # 4 Declaration of M. Warnken)(Stafne, Scott) Modified on 8/29/2017 (Kaminski, H). (Entered: 08/25/2017)

Aug. 25, 2017

Aug. 25, 2017

PACER
24

REPLY in support of 9 Motion to Dismiss by Alex Padilla. (Waters, George) (Entered: 09/01/2017)

Sept. 1, 2017

Sept. 1, 2017

PACER
25

JOINT STATUS REPORT by Alex Padilla. (Waters, George) (Entered: 09/01/2017)

Sept. 1, 2017

Sept. 1, 2017

RECAP
26

DECLARATION of Scott Stafne in support of 11 Motion to Amend the Complaint. (Zerman, Gary) (Entered: 09/01/2017)

Sept. 1, 2017

Sept. 1, 2017

PACER
27

MINUTES for MOTION HEARING and STATUS (PRETRIAL SCHEDULING) CONFERENCE held before District Judge Kimberly J. Mueller on 9/8/2017. Plaintiffs' Counsel, Scott Stafne and Gary Zerman, present. Some of the named plaintiffs also present, but were not introduced by counsel. Defendant's Counsel, George Waters, present. The court advised the parties it is not prepared to issue a complete scheduling order until preliminary matters are resolved. The court clarified why this case it not currently before a three judge panel. After discussion with the parties, the court advised the parties that it is not inclined to address the merits of the pending Motion to Dismiss (ECF No. 9 ), but rather inclined to allow for further amendment in light of the early stage of the proceedings in this case. After discussion with the parties, the court took the matter under submission with a written order to issue granting leave to amend. The forthcoming order will clarify the limits of any amendment. Court Reporter: Cathie Bodene. (Text Only Entry) (Schultz, C) (Entered: 09/08/2017)

Sept. 8, 2017

Sept. 8, 2017

PACER
28

TRANSCRIPT REQUEST by Mark Baird, et al., for proceedings held on 9/7/2017 before Judge Kimberly Mueller. Court Reporter Cathie Bodene. (Zerman, Gary) (Entered: 09/14/2017)

Sept. 14, 2017

Sept. 14, 2017

PACER
29

TRANSCRIPT of Proceedings held on September 8, 2017, Re: Motion Hearing, before District Judge Kimberly J. Mueller, filed by Court Reporter Cathie Bodene, Phone number 916-446-6360 E-mail cbodene@caed.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through Court Reporter Cathie Bodene or PACER. Any Notice of Intent to Request Redaction must be filed within 5 court days. Redaction Request due 10/20/2017. Redacted Transcript Deadline set for 10/30/2017. Release of Transcript Restriction set for 12/29/2017. (Bodene, C) (Entered: 09/29/2017)

Sept. 29, 2017

Sept. 29, 2017

PACER
30

TRANSCRIPT REQUEST by Alex Padilla for proceedings held on 9/8/17 before Judge Kimberly J. Mueller. Court Reporter Cathie Bodene. (Waters, George) (Entered: 10/03/2017)

Oct. 3, 2017

Oct. 3, 2017

PACER
31

NOTICE of EVENTS Occurring Since 9/8/2017 Oral Argument by All Plaintiffs. (Attachments: # 1 Declaration of Scott E. Stafne, # 2 Exhibit 1, # 3 Exhibit 2)(Stafne, Scott) Modified on 12/15/2017 (Reader, L). (Entered: 12/14/2017)

Dec. 14, 2017

Dec. 14, 2017

PACER
32

ORDER signed by District Judge Kimberly J. Mueller on 1/31/2018 ORDERING the Plaintiffs' complaint, as currently articulated, asserts a generalized grievance that does not establish standing to sue in federal court. The complaint is also fraught with non-justiciable political questions. Accordingly, the court DISMISSES the complaint under Rule 12(b)(1) based on lack of subject-matter jurisdiction, but GRANTS plaintiffs leave to amend the complaint subject to the limitations discussed above. The amended complaint, limited to twenty-five pages, shall be filed within twenty-one days. Because a single-judge court lacks the authority to dismiss this case on the merits under Rule 12(b)(6), Shapiro, 136 S. Ct. at 455-56, the court DENIES without prejudice defendant's motion to dismiss under Rule 12(b)(6), subject to renewal should this case proceed before a three-judge court at some point in the future. The court DENIES as MOOT plaintiffs' motion for sanctions. This resolves ECF Nos. 9, 11, 23. (Becknal, R) (Entered: 02/01/2018)

Feb. 1, 2018

Feb. 1, 2018

Clearinghouse
33

UNOPPOSED EX PARTE APPLICATION by Plaintiffs' for Extension of time to file a second amended complaint. (Stafne, Scott) Modified on 2/7/2018 (Reader, L). (Entered: 02/06/2018)

Feb. 6, 2018

Feb. 6, 2018

PACER
34

MINUTE ORDER issued by Courtroom Deputy C. Schultz for District Judge Kimberly J. Mueller: The court has received plaintiffs' ex parte application. ECF No. 33 . Plaintiffs have represented defendant's counsel "advised that he does not oppose" plaintiffs' request for an extension of time to file their First Amended Complaint. Id. at 2. If defendant intends to object or respond, defendant may do so within 72 hours. (Text Only Entry) (Schultz, C) (Entered: 02/12/2018)

Feb. 12, 2018

Feb. 12, 2018

PACER
35

DECLARATION of Scott E Stafne re Minute Order (ECF. No. 34) and 33 Ex Parte Application. (Attachments: # 1 Exhibit 1)(Stafne, Scott) Modified on 2/20/2018 (Kastilahn, A). (Entered: 02/20/2018)

Feb. 20, 2018

Feb. 20, 2018

PACER
36

MINUTE ORDER issued by Courtroom Deputy C. Schultz for District Judge Kimberly J. Mueller: Plaintiffs' Unopposed Ex Parte Application for Extension of Time (ECF No. 33 ) is GRANTED. Accordingly, the deadline for Plaintiffs to file a Second Amended Complaint is EXTENDED by two weeks to 3/8/2018. (Text Only Entry) (Schultz, C) (Entered: 02/20/2018)

Feb. 20, 2018

Feb. 20, 2018

PACER
37

EX PARTE APPLICATION for 10-DAY EXTENSION to File Amended Complaint by all plaintiffs. (Attachments: # 1 Exhibit 1)(Stafne, Scott) Modified on 3/9/2018 (Benson, A.). (Entered: 03/08/2018)

March 8, 2018

March 8, 2018

PACER
38

MINUTE ORDER issued by Courtroom Deputy C. Schultz for District Judge Kimberly J. Mueller: The court has received plaintiffs' third request for an extension of time to file an amended complaint. ECF No. 37 . The court GRANTS this request, but notes no further extensions will be granted unless filed as a stipulated request and supported by good cause. The amended complaint shall be filed by March 19, 2018. (Text Only Entry) (Schultz, C) (Entered: 03/12/2018)

March 12, 2018

March 12, 2018

PACER
39

SECOND AMENDED COMPLAINT against Alex Padilla, Citizens Redistricting Commission, State of California by David Garcia, Kyle Carpenter, Michael Thomas, Roy Hall, Jr., Citizens for Fair Representation, Larry Wahl, John D'Agostini, Mark Baird, Shasta National Indian Tribe, California Libertarian Party, Leslie Lim, Win Carpenter, California American Independent Party, Mike Poindexter, Raymond Wong, City of Williams, Cindy Brown, City of Colusa. Attorney Stafne, Scott E. added. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit)(Stafne, Scott) (Entered: 03/19/2018)

March 19, 2018

March 19, 2018

Clearinghouse
40

NOTICE of REQUIREMENT OF THREE JUDGE COURT by Mark Baird, et al., re 39 Amended Complaint. (Stafne, Scott) Modified on 3/20/2018 (Fabillaran, J). (Entered: 03/19/2018)

March 19, 2018

March 19, 2018

PACER
41

STIPULATION to Extend Time to File Answer to Amended Complaint by Alex Padilla. (Waters, George) (Entered: 03/21/2018)

March 21, 2018

March 21, 2018

PACER
42

MOTION to DISMISS by Alex Padilla. Motion Hearing set for 6/15/2018 at 10:00 AM in Courtroom 3 (KJM) before District Judge Kimberly J. Mueller. (Waters, George) Modified on 4/17/2018 (Kaminski, H). (Entered: 04/16/2018)

April 16, 2018

April 16, 2018

Clearinghouse
43

MOTION to CONVENE Three Judge Court by Plaintiffs.. Motion Hearing set for 6/1/2018 at 10:00 AM in Courtroom 3 (KJM) before District Judge Kimberly J. Mueller. (Stafne, Scott) Modified on 5/1/2018 (Kaminski, H). (Entered: 04/30/2018)

April 30, 2018

April 30, 2018

PACER
44

OPPOSITION by Alex Padilla to 43 Motion to Convene. (Attachments: # 1 Declaration of George Waters)(Waters, George) (Entered: 05/17/2018)

May 17, 2018

May 17, 2018

PACER
45

MINUTE ORDER issued by Courtroom Deputy C. Schultz for District Judge Kimberly J. Mueller: On the court's own motion and pursuant to Local Rule 230(g), Plaintiffs' Motion to Convene a Three Judge Court (ECF No. 43 ) is SUBMITTED without oral argument. The motion is submitted on the briefs, including the reply brief, if any, filed in accordance with Local Rule 230(d). Accordingly, the hearing date of 6/1/2018 is VACATED. If the court determines that oral argument is needed, it will be scheduled at a later date. (Text Only Entry) (Schultz, C) (Entered: 05/22/2018)

May 22, 2018

May 22, 2018

PACER
46

RESPONSE by Plaintiffs to 42 Motion to Dismiss. (Stafne, Scott) Modified on 5/24/2018 (Kaminski, H). (Entered: 05/24/2018)

May 24, 2018

May 24, 2018

PACER
47

REPLY by Plaintiffs re 44 Opposition to Motion. (Stafne, Scott) Modified on 5/24/2018 (Kaminski, H). (Entered: 05/24/2018)

May 24, 2018

May 24, 2018

PACER
48

RESPONSE by Mark Baird, et al., to 42 Motion to Dismiss. (Stafne, Scott) (Entered: 06/01/2018)

June 1, 2018

June 1, 2018

PACER
49

MINUTE ORDER issued by Courtroom Deputy C. Schultz for District Judge Kimberly J. Mueller: Due to a scheduling conflict and on the court's own motion, the Hearing as to Defendant's Motion to Dismiss (ECF No. 42 ) set for 6/15/2018 is VACATED and ADVANCED to 6/14/2018 at 2:30 PM in Courtroom 3 before District Judge Kimberly J. Mueller. Filing deadlines remain unchanged. (Text Only Entry)(Schultz, C) (Entered: 06/08/2018)

June 8, 2018

June 8, 2018

PACER
50

REPLY by Alex Padilla in support of 42 Motion to Dismiss, (Waters, George) (Entered: 06/08/2018)

June 8, 2018

June 8, 2018

PACER
51

NOTICE of Supplemental Authority by Plaintiffs re 48 Response. (Stafne, Scott) Modified on 6/12/2018 (Becknal, R). (Entered: 06/12/2018)

June 12, 2018

June 12, 2018

PACER
52

MINUTES for MOTION HEARING held before District Judge Kimberly J. Mueller on 6/14/2018. Plaintiffs' Counsel, Scott Stafne, present. Defendant's Counsel, George Waters, present. After hearing oral argument as to the defendant's Motion to Dismiss (ECF no. 42 ), the court took the matter under submission with a written order to follow. Court Reporter: Kelly O'Halloran. (Text Only Entry) (Michel, G.) (Entered: 06/15/2018)

June 14, 2018

June 14, 2018

PACER
53

EX PARTE APPLICATION by Citizens for Fair Representation to file briefing, Supreme Court Decision. (Stafne, Scott) (Entered: 06/19/2018)

June 19, 2018

June 19, 2018

PACER
54

TRANSCRIPT REQUEST by Mark Baird, et al., for proceedings held on June 14, 2018 before Judge Mueller. Court Reporter Kelly OHalloran. (Stafne, Scott) Modified on 12/27/2018 (Benson, A.). (Entered: 06/21/2018)

June 21, 2018

June 21, 2018

PACER
55

TRANSCRIPT of Motion to Dismiss held on 6/14/18, before District Judge Kimberly J. Mueller, filed by Court Reporter Kelly OHalloran, Phone number 916-448-2712 E-mail kohalloran@comcast.net. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction must be filed within 5 court days. Redaction Request due 7/13/2018. Redacted Transcript Deadline set for 7/23/2018. Release of Transcript Restriction set for 9/20/2018. (O'Halloran, K) (Entered: 06/22/2018)

June 22, 2018

June 22, 2018

PACER
56

TRANSCRIPT REQUEST by Alex Padilla for proceedings held on June 14, 2018 before Judge Mueller. Court Reporter Kelly OHalloran. (Waters, George) (Entered: 06/22/2018)

June 22, 2018

June 22, 2018

PACER
57

OPPOSITION to 53 Ex Parte Application by Defendant Alex Padilla. (Waters, George) Modified on 6/27/2018 (Kaminski, H). (Entered: 06/26/2018)

June 26, 2018

June 26, 2018

RECAP
58

NOTICE of SUPPLEMENTAL AUTHORITY by Plaintiffs re 48 Response, 46 Response. (Attachments: # 1 Exhibit - Abbott v Perez 2018 U.S. Lexis 3846)(Stafne, Scott) Modified on 6/27/2018 (Kaminski, H). (Entered: 06/26/2018)

1 Exhibit Abbott v Perez 2018 U.S. Lexis 3846

View on PACER

June 26, 2018

June 26, 2018

RECAP
59

EX PARTE APPLICATION for Request for Stay of Proceedings by Plaintiffs re 52 Motion Hearing, 45 Minute Order, 43 Motion to Convene. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Certificate of Service)(Stafne, Scott) Modified on 6/27/2018 (Kaminski, H). (Entered: 06/26/2018)

June 26, 2018

June 26, 2018

PACER
60

RESPONSE by Alex Padilla to 58 Notice of Supplemental Authority. (Waters, George) Modified on 7/2/2018 (Reader, L). (Entered: 06/29/2018)

June 29, 2018

June 29, 2018

PACER
61

OPPOSITION by Alex Padilla to 59 Motion to Stay. (Waters, George) (Entered: 06/29/2018)

June 29, 2018

June 29, 2018

PACER
62

REPLY by Mark Baird, et al., re 61 Opposition to Motion. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Stafne, Scott) (Entered: 07/03/2018)

1 Exhibit 1

View on PACER

2 Exhibit 2

View on PACER

July 3, 2018

July 3, 2018

RECAP
63

ORDER signed by District Judge Kimberly J. Mueller on 8/1/2018 DENYING without prejudice 43 Motion to convene a three-judge court. (York, M) (Entered: 08/01/2018)

Aug. 1, 2018

Aug. 1, 2018

Clearinghouse
64

ORDER signed by District Judge Kimberly J. Mueller on 8/1/2018 DENYING 53 ex parte request to file additional briefing and DENYING 59 Request for Stay. (York, M) (Entered: 08/01/2018)

Aug. 1, 2018

Aug. 1, 2018

RECAP
65

REQUEST for JUDICIAL NOTICE by Plaintiffs re 42 Motion to Dismiss. (Attachments: # 1 Exhibit 1)(Stafne, Scott) Modified on 8/2/2018 (Kaminski, H). (Entered: 08/02/2018)

Aug. 2, 2018

Aug. 2, 2018

PACER
66

ORDER REASSIGNING CASE by Chief Judge Lawrence J. O'Neill: Due to the appointment of *Magistrate Judge Dennis M. Cota* to the bench of the Eastern District of California, this action is reassigned from *Magistrate Judge Craig M. Kellison* to Magistrate Judge Dennis M. Cota for all further proceedings. (Donati, J) (Entered: 09/04/2018)

Sept. 4, 2018

Sept. 4, 2018

PACER
67

ORDER signed by District Judge Kimberly J. Mueller on 11/28/2018 GRANTING 42 Motion to Dismiss. The Court DISMISSED the complaint for lack of subject matter jurisdiction without leave to amend. CASE CLOSED (Washington, S) (Entered: 11/29/2018)

Nov. 29, 2018

Nov. 29, 2018

Clearinghouse
68

JUDGMENT dated *11/29/2018* pursuant to order signed by District Judge Kimberly J. Mueller on 11/28/2019. (Washington, S) (Entered: 11/29/2018)

Nov. 29, 2018

Nov. 29, 2018

PACER
69

NOTICE of APPEAL re 68 Judgment by Plaintiffs. (Filing fee $ 505, receipt number 0972-8035012) (Stafne, Scott) Modified on 12/28/2018 (Kaminski, H). (Entered: 12/27/2018)

Dec. 27, 2018

Dec. 27, 2018

Clearinghouse
70

APPEAL PROCESSED to Ninth Circuit re 69 Notice of Appeal. Notice of Appeal filed *12/27/2018*, Complaint filed *5/8/2017* and Appealed Order / Judgment filed *11/29/2018*. Court Reporter: *Cathie Bodene*. *Fee Status: Paid on 12/27/2018 in the amount of $505.00* (Attachments: # 1 Appeal Information) (Kaminski, H) (Entered: 12/28/2018)

Dec. 28, 2018

Dec. 28, 2018

PACER
71

USCA CASE NUMBER 18-17458 for 69 Notice of Appeal filed by Mike Poindexter, Raymond Wong, Howard Thomas, City of Colusa, Kevin McGary, California American Independent Party, Mark Baird, Steven Baird, Kyle Carpenter, Roy Hall, Jr., California Libertarian Party, Manuel Martinez, Larry Wahl, Michael Thomas, Leslie Lim, Terry Rapoza, Citizens for Fair Representation, John D'Agostini, Shasta National Indian Tribe, Cindy Brown, City of Williams, David Garcia, Win Carpenter. (York, M) (Entered: 01/08/2019)

Jan. 8, 2019

Jan. 8, 2019

PACER
72

USCA MEMORANDUM as to 69 Notice of Appeal. The decision of the District Court is AFFIRMED. (Kaminski, H) (Entered: 05/18/2020)

May 15, 2020

May 15, 2020

Clearinghouse
73

USCA MANDATE AFFIRMING The decision of the District Court re 69 Notice of Appeal. (Mena-Sanchez, L) (Entered: 06/09/2020)

June 9, 2020

June 9, 2020

RECAP

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 8, 2017

Closing Date: Dec. 14, 2020

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A nonprofit voting rights organization, along with several local government entities, political parties, an unrecognized Native American tribe, and individual California voters

Plaintiff Type(s):

City/County Plaintiff

American Indian Tribe

Private Plaintiff

Non-profit NON-religious organization

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Secretary of State, State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Freedom of speech/association

Equal Protection

Available Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

Discrimination Basis:

Race discrimination

Affected Race(s):

American Indian/Alaskan Native

Asian/Pacific Islander

Black

Race, unspecified

White

Voting:

Redistricting/district composition

Vote dilution

Voting: General & Misc.