Case: De La Fuente v. Padilla

Roque "Rocky" De La Fuente v. Padilla

Roque "Rocky" De La Fuente v. Padilla

Roque "Rocky" De La Fuente v. Padilla

Roque "Rocky" De La Fuente v. Padilla

Roque "Rocky" De La Fuente v. Padilla

Roque "Rocky" De La Fuente v. Padilla

Roque & Quot v. Padilla

COMPLAINT for Injunction and Declaratory relief against Alex Padilla by Roque "Rocky" De La Fuente. Attorney Scudi, Morgan J.C. added. (Scudi, Morgan) Modified on 12/7/2016 (Reader, L). (Entered: 12/07/2016)

CIVIL COVER SHEET by Roque "Rocky" De La Fuente (Scudi, Morgan) (Entered: 12/07/2016)

SUMMONS ISSUED as to *Alex Padilla* with answer to complaint due within *21* days. Attorney *Morgan J.C. Scudi* *Scudi & Ayers, LLP* *5440 Morehouse Drive, Suite 4400* *San Diego, CA 92121*. (Kaminski, H) (Entered: 12/07/2016)

CIVIL NEW CASE DOCUMENTS ISSUED (Attachments: # 1 Consent Form, # 2 Order re Filing Requirements, # 3 VDRP) (Kaminski, H) (Entered: 12/07/2016)

PAYMENT for Civil Case filing fee in the amount of $ 400, receipt number 0972-6809780. (Scudi, Morgan)

STIPULATION to Extend Time to Respond by Alex Padilla. Attorney Eisenberg, Jonathan Michael added. (Eisenberg, Jonathan) (Entered: 01/04/2017)

MOTION for EXTENSION of TIME to FILE ANSWER re 1 Complaint by Roque "Rocky" De La Fuente. (Attachments: # 1 Proposed Order, # 2 E-Service Notice)(Scudi, Morgan) (Entered: 01/31/2017)

FIRST AMENDED COMPLAINT against Alex Padilla by Roque "Rocky" De La Fuente. (Attachments: # 1 Proof of Service)(Scudi, Morgan) (Entered: 02/02/2017)

ORDER signed by District Judge John A. Mendez on 2/2/2017 GRANTING 6 Motion for extension of time to file an answer; Plaintiff's unopposed motion is GRANTED; Defendant Secretary Padilla shall file a response to the complaint on or before 2/14/2017. (Reader, L) (Entered: 02/03/2017)

MOTION to DISMISS by Alex Padilla. Attorney Medley, Amie Leann added. Motion Hearing set for 4/4/2017 at 01:30 PM in Courtroom 6 (JAM) before District Judge John A. Mendez. (Attachments: # 1 Memorandum of Points and Authorities, # 2 Declaration of Jonathan M. Eisenberg)(Medley, Amie) (Entered: 02/14/2017)

OPPOSITION to 9 Motion to Dismiss by Roque "Rocky" De La Fuente. (Attachments: # 1 Proof of Service) (Scudi, Morgan) (Entered: 03/21/2017)

MINUTE ORDER: On February 14, 2017, Defendant Alex Padilla (Defendant) filed a motion to dismiss. ECF No. 9. Defendant failed to comply with the Courts Order regarding filing requirements. ECF No. 4-2. That Order requires that counsel contemplating the filing of any motion... shall first contact opposing counsel to discuss thoroughly, preferably in person, the substance of the contemplated motion and any potential resolution.... If the parties are unable to reach a resolution which eliminates the necessity for a hearing, counsel for the moving party shall include in the notice of motion a statement to the following effect: This motion is made following the conference of counsel pursuant to the Courts standing order which took place on [date of conference]. Defendants motion is dismissed without prejudice for failure to comply with this requirement. The hearing on April 4, 2017 is hereby VACATED. IT IS SO ORDERED. (TEXT ENTRY ONLY) (Vine, H) (Entered: 03/22/2017)

MOTION to DISMISS by Alex Padilla. Motion Hearing set for 5/2/2017 at 01:30 PM in Courtroom 6 (JAM) before District Judge John A. Mendez. (Attachments: # 1 Memorandum of Points and Authorities in Support of Motion to Dismiss Amended Complaint, # 2 Declaration of Jonathan M. Eisenberg in Support of Motion to Dismiss, # 3 Declaration of Amie L. Medley in Support of Motion to Dismiss)(Medley, Amie) (Entered: 03/27/2017)

PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by Roque "Rocky" De La Fuente for attorney Paul A. Rossi to appear Pro Hac Vice. (Filing fee $ 225, receipt number 0972-7019015) (Scudi, Morgan) (Entered: 04/18/2017)

OPPOSITION by Roque "Rocky" De La Fuente to 12 MOTION to DISMISS. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Proposed Order, # 4 Proof of Service)(Scudi, Morgan) Modified on 4/18/2017 (Mena-Sanchez, L). (Entered: 04/18/2017)

PRO HAC VICE ORDER signed by District Judge John A. Mendez on 4/19/17. Added Attorney Paul A. Rossi, PHV for Roque "Rocky" De La Fuente. (Becknal, R) (Entered: 04/19/2017)

REPLY by Alex Padilla re 12 MOTION to DISMISS. (Medley, Amie) (Entered: 04/25/2017)

NOTICE of APPEARANCE by Paul A. Rossi, PHV on behalf of Roque "Rocky" De La Fuente. (Rossi, Paul) (Entered: 05/01/2017)

MINUTES (Text Only) for proceedings before District Judge John A. Mendez: MOTION HEARING held on 5/2/2017 ; Motions terminated: 12 MOTION to DISMISS filed by Alex Padilla ; denying 12 Motion to Dismiss. Court ordered further briefing as follows: Simultaneous briefs due 5/9/17; Simultaneous reply briefs due 5/16/17. Plaintiffs Counsel P. Rossi present. Defendants Counsel A. Medley present. Court Reporter: K. O'Halloran. (Vine, H) (Entered: 05/02/2017)

RESPONSE by Alex Padilla to 18 MINUTES (Eisenberg, Jonathan) Modified on 5/10/2017 (Kaminski, H). (Entered: 05/09/2017)

RESPONSE by Roque "Rocky" De La Fuente to 18 MINUTES. (Rossi, Paul) Modified on 5/10/2017 (Kaminski, H). (Entered: 05/09/2017)

RESPONSE to 20 Post-Motion Brief by Alex Padilla. (Eisenberg, Jonathan) (Entered: 05/16/2017)

MINUTE ORDER: At the Motion Hearing held May 2, 2017, the Court raised the issue of whether or not Plaintiff has standing to pursue his claims for injunctive relief and ordered further briefing on this issue. ECF No. 18. Plaintiffs Response stated that Plaintiff does not oppose or contest the dismissal of Plaintiffs equal protection claim but did not address his Elector Qualification Clause claim. ECF No. 20. Plaintiff did not file a Reply to Defendants Response brief, ECF No. 19, which argued that Plaintiff does not have standing to pursue either of his two claims. Given Plaintiffs concession on his equal protection claim and failure to show cause as to why his first claim should not be dismissed for lack of standing, Plaintiffs complaint is DISMISSED without prejudice. (TEXT ENTRY ONLY) (Vine, H) (Entered: 05/26/2017)

JUDGMENT dated *05/26/17* pursuant to (#22) Minute Order by District Judge John A. Mendez on 05/26/17. CASE CLOSED (Benson, A) (Entered: 07/11/2017)