Case: De La Fuente v. Padilla

2:16-cv-02877 | U.S. District Court for the Eastern District of California

Filed Date: Dec. 7, 2016

Closed Date: May 26, 2017

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Case Summary

This case is about the certification requirements for California’s presidential electors. The plaintiff was an independent candidate for President of the United States in the 2016 general election. On October 25, 2016, the California Secretary of State’s office notified him that they would not certify his slate of presidential electors because the listed addresses for seven of the electors could not be matched to the addresses recorded on their voter registration applications. As a result, Cali…

This case is about the certification requirements for California’s presidential electors. The plaintiff was an independent candidate for President of the United States in the 2016 general election. On October 25, 2016, the California Secretary of State’s office notified him that they would not certify his slate of presidential electors because the listed addresses for seven of the electors could not be matched to the addresses recorded on their voter registration applications. As a result, California did not tabulate write-in votes cast for the plaintiff.

On December 17, 2016, the plaintiff filed this lawsuit in the U.S. District Court for the Eastern District of California. He sued the California Secretary of State under 42 U.S.C. § 1983. He alleged the Secretary of State selectively refused to certify his slate of electors while ignoring defects with the slates of electors filed by other political parties, in violation of the Equal Protection Clause of the Fourteenth Amendment to the U.S. Constitution. the plaintiff sought an order enjoining the Secretary of State from certifying California’s 2016 general election results without tabulating the write-in votes for his presidential candidacy, a declaration that the Secretary of State violated the Fourteenth Amendment, and attorneys’ fees. The case was assigned to District Judge John A. Mendez.

On February 2, 2017, the plaintiff filed an amended complaint alleging the defendant’s actions also violated the U.S. Constitution’s “Elector Qualification Clause,” U.S. Const. art. II, § 8, cl. 2. The plaintiff argued that the Constitution provides the exclusive list of requirements for presidential electors and that the Secretary of State cannot impose any additional requirements.

On March 27, 2017, the Secretary of State moved to dismiss the Equal Protection claim because it had already been raised and decided in another case filed by the plaintiff in California state court. On April 18, 2017, the plaintiff filed a reply arguing the previous state court case was not a final adjudication on the merits and that the current claim sought a remedy based on new facts.

On May 2, 2017, the court denied the Secretary of State’s motion to dismiss but asked for additional briefing from the parties on whether the plaintiff had standing to pursue his claims. During the briefing on that issue, the plaintiff did not oppose the dismissal of his Equal Protection claim on standing grounds, nor did he address his standing for the “Elector Qualification Clause” claim. Accordingly, on May 16, 2017, the court dismissed the complaint without prejudice.

Summary Authors

John McGinnis (7/17/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/13410626/parties/de-la-fuente-v-padilla/


Judge(s)

Mendez, John A. (California)

Attorney for Plaintiff

PHV, Paul Anthony (California)

Scudi, Morgan J.C. (California)

Attorney for Defendant

Eisenberg, Jonathan Michael (California)

Medley, Amie Leann (California)

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Documents in the Clearinghouse

Document
1

2:16-cv-02877

Complaint for Injunctive and Declaratory Relief

Roque "Rocky" De La Fuente v. Padilla

Dec. 7, 2016

Dec. 7, 2016

Complaint
7

2:16-cv-02877

Amended Complaint

Roque "Rocky" De La Fuente v. Padilla

Feb. 2, 2017

Feb. 2, 2017

Complaint
14

2:16-cv-02877

Plaintiff's Opposition to Defendant's Motion to Dismiss Amended Complaint

Roque "Rocky" De La Fuente v. Padilla

April 18, 2017

April 18, 2017

Pleading / Motion / Brief
19

2:16-cv-02877

Defendant California Secretary of State Alex Padilla's Post-Hearing Brief Regarding Standing Issues and Appropriateness of Injunctive Relief

Roque "Rocky" De La Fuente v. Padilla

May 9, 2017

May 9, 2017

Pleading / Motion / Brief
20

2:16-cv-02877

Plaintiff's Response Equal Protection Claim Standing

Roque "Rocky" De La Fuente v. Padilla

May 9, 2017

May 9, 2017

Pleading / Motion / Brief
21

2:16-cv-02877

Defendant California Secretary of State Alex Padilla's Responsive Post-Hearing Brief Regarding Standing Issues and Appropriateness of Injunctive Relief

Roque "Rocky" De La Fuente v. Padilla

May 16, 2017

May 16, 2017

Pleading / Motion / Brief
23

2:16-cv-02877

Judgment in a Civil Case

Roque & Quot v. Padilla

July 11, 2017

July 11, 2017

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/13410626/de-la-fuente-v-padilla/

Last updated March 26, 2026, 4:46 a.m.

ECF Number Description Date Link Date / Link
1

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)

Dec. 7, 2016

Dec. 7, 2016

Clearinghouse
2

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

Dec. 7, 2016

Dec. 7, 2016

3

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)

Dec. 7, 2016

Dec. 7, 2016

4

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

Dec. 7, 2016

Dec. 7, 2016

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

Dec. 7, 2016

Dec. 7, 2016

5

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

Jan. 4, 2017

Jan. 4, 2017

6

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)

Jan. 31, 2017

Jan. 31, 2017

7

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

Feb. 2, 2017

Feb. 2, 2017

Clearinghouse
8

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)

Feb. 3, 2017

Feb. 3, 2017

9

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)

Feb. 14, 2017

Feb. 14, 2017

10

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

March 21, 2017

March 21, 2017

11

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)

March 22, 2017

March 22, 2017

12

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)

March 27, 2017

March 27, 2017

13

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)

April 18, 2017

April 18, 2017

14

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)

April 18, 2017

April 18, 2017

Clearinghouse
15

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)

April 19, 2017

April 19, 2017

16

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

April 25, 2017

April 25, 2017

17

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

May 1, 2017

May 1, 2017

18

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)

May 2, 2017

May 2, 2017

19

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

May 9, 2017

May 9, 2017

Clearinghouse
20

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

May 9, 2017

May 9, 2017

Clearinghouse
21

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

May 16, 2017

May 16, 2017

Clearinghouse
22

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)

May 26, 2017

May 26, 2017

23

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)

July 11, 2017

July 11, 2017

Clearinghouse

Case Details

State / Territory:

California

Case Type(s):

Election/Voting Rights

Special Collection(s):

Law Firm Antiracism Alliance (LFAA) project

Key Dates

Filing Date: Dec. 7, 2016

Closing Date: May 26, 2017

Case Ongoing: No

Plaintiffs

Plaintiff Description:

An independent candidate for President of the United States in the 2016 general election

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

State

California Secretary of State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Equal Protection

Other Dockets:

Eastern District of California 2:16-cv-02877

Available Documents:

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: Defendant

Relief Granted:

None

Source of Relief:

None

Issues

Voting:

Election administration

Voting: General & Misc.

Recommended Citation