Case: De La Fuenta v. Padilla

De La Fuente v. Padilla

De La Fuente v. Padilla

De La Fuente v. Padilla

De La Fuente v. Padilla

De La Fuente v. Padilla

U.S. Court of Appeals for the Ninth Circuit

De La Fuente v. Padilla

De La Fuente v. Padilla

De La Fuente v. State of California

De La Fuente v. State of California

De La Fuente v. Padilla

U.S. Court of Appeals for the Ninth Circuit

COMPLAINT Receipt No: 0973-17807169 - Fee: $400, filed by plaintiff Roque "Rocky&quo De La Fuente. (Attachments: # 1 Civil Cover Sheet cover sheet, # 2 Supplement summons padilla, # 3 Supplement summons california) (Attorney Hani Yacoub Farah added to party Roque "Rocky&quo De La Fuente(pty:pla))(Farah, Hani) (Entered: 05/11/2016)

1 Civil Cover Sheet cover sheet

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2 Supplement summons padilla

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3 Supplement summons california

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CIVIL COVER SHEET filed by Plaintiff Roque "Rocky&quo De La Fuente. (Attachments: # 1 Summons, # 2 Summons)(Farah, Hani) (Entered: 05/11/2016)

NOTICE OF ASSIGNMENT to District Judge Michael W. Fitzgerald and Magistrate Judge Gail J. Standish. (jtil) (Entered: 05/12/2016)

NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (jtil) (Entered: 05/12/2016)

NOTICE OF DEFICIENCIES in Attorney Case Opening RE: Complaint (Attorney Civil Case Opening), 1 . The following error(s) was found: No Notice of Interested Parties has been filed. A Notice of Interested Parties must be filed with every partys first appearance. See Local Rule 7.1-1. Counsel must file a Notice of Interested Parties immediately. Failure to do so may be addressed by judicial action, including sanctions. See Local Rule 83-7. 1). The summons is blank; 2) The summons should have been filed as a separate document, and not as an attachment to the complaint. (jtil) (Entered: 05/12/2016)

Certification and Notice of Interested Parties filed by plaintiff Roque Rocky De La Fuenta, (Farah, Hani) (Entered: 05/12/2016)

Request for Clerk to Issue Summons on Certificate/Notice of Interested Parties 6, Civil Cover Sheet (CV-71) 2, Complaint (Attorney Civil Case Opening), 1 filed by plaintiff Roque Rocky De La Fuenta. (Farah, Hani) (Entered: 05/12/2016)

21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) 1 as to defendants State of California, Alex Padilla. (jp) (Entered: 05/19/2016)

STIPULATION Extending Time to Answer the complaint as to All Parties, re Complaint (Attorney Civil Case Opening), 1 filed by Defendant Alex Padilla. (Attachments: # 1 Exhibit Plaintiff Counsel Consent)(Attorney Jonathan Michael Eisenberg added to party Alex Padilla(pty:dft))(Eisenberg, Jonathan) (Entered: 06/10/2016)

ANSWER to Complaint (Attorney Civil Case Opening), 1 filed by Defendant State of California, Alex Padilla.(Attorney Jonathan Michael Eisenberg added to party State of California(pty:dft))(Eisenberg, Jonathan) (Entered: 07/13/2016)

ORDER SETTING SCHEDULING CONFERENCE by Judge Michael W. Fitzgerald. Scheduling Conference set for 9/19/2016 at 11:00 AM before Judge Michael W. Fitzgerald. READ THIS ORDER CAREFULLY. IT DIFFERS IN SOME RESPECTS FROM THE LOCAL RULES. See order for details. (jy) (Entered: 08/01/2016)

PROOF OF SERVICE Executed by Plaintiff Roque Rocky De La Fuenta, upon Defendant State of California served on 5/23/2016, answer due 7/13/2016. Service of the Summons and Complaint were executed upon Richard Chadwick, Officer #46 Authorized to recieve in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (Farah, Hani) (Entered: 08/03/2016)

PROOF OF SERVICE Executed by Plaintiff Roque Rocky De La Fuenta, upon Defendant Alex Padilla served on 5/24/2016, answer due 7/13/2016. Service of the Summons and Complaint were executed upon Susan Lapsly, Attorney in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (Farah, Hani) (Entered: 08/03/2016)

Substitution of Attorney filed by Plaintiff Roque Rocky De La Fuenta (Farah, Hani) (Entered: 08/03/2016)

CONSENT ORDER GRANTING SUBSTITUTION OF ATTORNEY by Judge Michael W. Fitzgerald Granting Substituting attorney Morgan J C Scudi for Plaintiff Roque Rocky De La Fuenta in place and stead of attorney Hani Yacoub Farah 14 . (jp) (Entered: 08/04/2016)

EX PARTE APPLICATION for Temporary Restraining Order as to Injunction enjoining California Secretary of State from enforcing 8400 and 8403 against plaintiff on Friday, August 12, 2016 filed by plaintiff Roque Rocky De La Fuenta. (Attachments: # 1 Memorandum, # 2 Certificate of Notice to Opposing Counsel, # 3 Copy of filed Complaint, # 4 Affidavit, # 5 Proposed Order, # 6 Proposed Order) (Scudi, Morgan) (Entered: 08/09/2016)

1 Memorandum

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2 Certificate of Notice to Opposing Counsel

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3 Copy of filed Complaint

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4 Affidavit

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5 Proposed Order

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6 Proposed Order

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MEMORANDUM in Opposition to EX PARTE APPLICATION for Temporary Restraining Order as to Injunction enjoining California Secretary of State from enforcing 8400 and 8403 against plaintiff on Friday, August 12, 2016 16 filed by Defendant Alex Padilla. (Eisenberg, Jonathan) (Entered: 08/10/2016)

MINUTES (In Chambers): ORDER DENYING Ex Parte Application for Temporary Restraining Order 16 by Judge Michael W. Fitzgerald. (See attachment of this Order for further details). (jp) (Entered: 08/12/2016)

NOTICE OF APPEAL to the 9th Circuit Court of Appeals filed by Plaintiff Roque Rocky De La Fuenta. Appeal of Order on Motion for Temporary Restraining Order 18 . (Appeal Fee - $505.00 Previously Paid on 08/26/2016, Receipt No. 25TI5EVN.) (Attachments: # 1 Exhibit Order, # 2 Supplement Rep. Statement)(Scudi, Morgan) (Entered: 08/31/2016)

NOTIFICATION by Circuit Court of Appellate Docket Number 16-56261, 9th Circuit regarding Notice of Appeal to 9th Circuit Court of Appeals, 19 as to Plaintiff Roque Rocky De La Fuenta. (mat) (Entered: 09/01/2016)

Rule 26f Joint Discovery Report (Scudi, Morgan) (Entered: 09/02/2016)

MINUTES OF SCHEDULING CONFERENCE before Judge Michael W. Fitzgerald: The Scheduling Conference held. The Court sets dates. Please see separate Order Re Jury Trial, also filed today. Having heard from Plaintiff counsel following the hearing, the Order to Show Cause will not issue. Court Reporter: Nichole Forrest. (jp) (Entered: 09/22/2016)

ORDER RE JURY TRIAL by Judge Michael W. Fitzgerald. (SEE THE LAST PAGE OF THIS ORDER FOR THE SPECIFIED DATES). (jp) (Entered: 09/22/2016)

ORDER/REFERRAL to ADR Procedure No 2 by Judge Michael W. Fitzgerald. Case ordered to Court Mediation Panel for mediation. ADR Proceeding to be held no later than 5/23/2017. (jp) (Entered: 09/22/2016)

STIPULATION REGARDING SELECTION of Panel Mediator filed. Parties stipulate that N/A may serve as Panel Mediator. Plaintiff obtained the Panel Mediators consent to serve. Filed by Plaintiff Roque Rocky De La Fuenta(Scudi, Morgan) (Entered: 10/28/2016)

First REQUEST for Leave of Lucas Mundell to Appear filed by Plaintiff Roque Rocky De La Fuenta. (Attorney Lucas I Mundell added to party Roque Rocky De La Fuenta(pty:pla)) (Mundell, Lucas) (Entered: 11/01/2016)

First NOTICE OF MOTION AND MOTION to Amend Complaint, NOTICE OF MOTION AND MOTION to AMEND Complaint filed by Plaintiff Roque Rocky De La Fuenta. (Attachments: # 1 Amended Complaint) (Mundell, Lucas) (Entered: 11/01/2016)

1 Amended Complaint

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NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: First NOTICE OF MOTION AND MOTION to Amend Complaint NOTICE OF MOTION AND MOTION to AMEND Complaint 27 . The following error(s) was found: Proposed Document was not submitted as separate attachment. 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. (jloz) (Entered: 11/02/2016)

ORDER GRANTING PLAINTIFF'S MOTION FOR LEAVE TO AMEND ORIGINAL COMPLAINT 27 by Judge Michael W. Fitzgerald: The Court is in receipt of Plaintiff's Motion for Leave to Amend Original Complaint, filed on November 1, 2016. (Docket No. 27). The Court GRANTS the Motion. Plaintiff must properly title and electronically file his First Amended Complaint by November 4, 2016. IT IS SO ORDERED. (jloz) (Entered: 11/02/2016)

First AMENDED COMPLAINT against Defendant State of California, Alex Padilla amending Complaint (Attorney Civil Case Opening), 1, filed by Plaintiff Roque Rocky De La Fuenta(Scudi, Morgan) (Entered: 11/03/2016)

NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: First REQUEST for Leave of Lucas Mundell to Appear 26 . The following error(s) was found: Incorrect event selected. The correct event is: 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: 11/04/2016)

NOTICE TO PARTIES by District Judge Michael W. Fitzgerald. Effective November 17, 2016, Judge Fitzgerald will be located at the 1st Street Courthouse, COURTROOM 5A on the 5th floor, located at 350 W. 1st Street, Los Angeles, California 90012. All Court appearances shall be made in Courtroom 5A of the 1st Street Courthouse, and all mandatory chambers copies shall be hand delivered to the judge's mail box outside the Clerk's Office on the 4th floor of the 1st Street Courthouse. The location for filing civil documents in paper format exempted from electronic filing and for viewing case files and other records services remains at the United States Courthouse, 312 North Spring Street, Room G-8, Los Angeles, California 90012. The location for filing criminal documents in paper format exempted from electronic filing remains at Edward R. Roybal Federal Building and U.S. Courthouse, 255 East Temple Street, Room 178, Los Angeles, California 90012. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rrp) TEXT ONLY ENTRY (Entered: 11/10/2016)

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**STRICKEN** NOTICE OF MOTION AND MOTION to Dismiss Prayer for Compensatory Damages filed by Defendant State of California, Alex Padilla. Motion set for hearing on 1/9/2017 at 10:00 AM before Judge Michael W. Fitzgerald. (Attorney Amie L Medley added to party State of California(pty:dft), Attorney Amie L Medley added to party Alex Padilla(pty:dft)) (Medley, Amie) Modified on 11/28/2016 (cw). (Entered: 11/23/2016)

**STRICKEN** NOTICE OF MOTION AND MOTION to Dismiss Prayer for Compensatory Damages filed by Defendant State of California, Alex Padilla. Motion set for hearing on 1/9/2017 at 10:00 AM before Judge Michael W. Fitzgerald. (Attachments: # 1 Proposed Order) (Medley, Amie) Modified on 11/28/2016 (cw). (Entered: 11/23/2016)

NOTICE OF MOTION AND MOTION to Dismiss Prayer for Compensatory Damages filed by Defendants State of California, Alex Padilla. Motion set for hearing on 1/9/2017 at 10:00 AM before Judge Michael W. Fitzgerald. (Attachments: # 1 Proposed Order) (Medley, Amie) (Entered: 11/23/2016)

ORDER by Judge Michael W. Fitzgerald: The following documents are STRICKEN as duplicative of Docket Entry 35 -- Notice of Motion and Motion to Dismiss 33, and Notice of Motion and Motion to Dismiss 34 . IT IS SO ORDERED. (cw) (Entered: 11/28/2016)

First REQUEST to Continue Hearing on Motion to Dismiss Prayer for Compensatory Damages from January 9, 2017 to February 6, 2017 filed by Defendants State of California, Alex Padilla. Request set for hearing on 2/6/2017 at 10:00 AM before Judge Michael W. Fitzgerald. (Attachments: # 1 Proposed Order Continuing Hearing on Motion to Dismiss Prayer for Compensatory Damages) (Medley, Amie) (Entered: 12/14/2016)

ORDER by Judge Michael W. Fitzgerald: The Request to Continue Hearing on Motion to Dismiss Prayer for Compensatory Damages 37 is GRANTED. The hearing is continued to 2/6/2017 at 10:00 AM before Judge Michael W. Fitzgerald. (cw) (Entered: 12/15/2016)

Certificate of Service of Initial Expert Disclosures filed by Plaintiff Roque Rocky De La Fuenta (Scudi, Morgan) (Entered: 01/06/2017)

NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Certificate of Service 39 . The following error(s) was found: Incorrect event selected. The correct event is: Proof of Service (subsequent documents) - under Category - Service of Subsequent Document Filings. Other error(s) with document(s): Miscellaneous Document event utilized in docketing this filing. In the future, please use the SEARCH feature on the CM/ECF Menu Bar if you are unsure of the events to use. You need not take any action in response to this notice unless and until the court directs you to do so. (jp) (Entered: 01/09/2017)

OPPOSITION to NOTICE OF MOTION AND MOTION to Dismiss Prayer for Compensatory Damages 35 filed by Plaintiff Roque Rocky De La Fuenta. (Scudi, Morgan) (Entered: 01/17/2017)

REPLY in support of motion NOTICE OF MOTION AND MOTION to Dismiss Prayer for Compensatory Damages 35 filed by Defendant Alex Padilla. (Medley, Amie) (Entered: 01/23/2017)

SCHEDULING NOTICE by Judge Michael W. Fitzgerald: On the Court's own motion, the hearing on the Motion to Dismiss Prayer for Compensatory Damages 35 is continued to 2/7/2017 at 10:00 AM. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cw) TEXT ONLY ENTRY (Entered: 01/26/2017)

MINUTES (IN CHAMBERS) RE DEFENDANTS MOTION TO DISMISS PRAYER FOR COMPENSATORY DAMAGES 35 . by Judge Michael W. Fitzgerald: Having reviewed and considered the papers submitted on the Motion, the Court deems the matter appropriate for decision without oral argument and vacates the hearing set for February 7, 2017.The Motion is GRANTED 35 . (pj) (Entered: 01/31/2017)

STIPULATION for Reconsideration re Order/Referral to ADR (No 2) (Mediation Panel) (ADR-12) 24 filed by Defendant Alex Padilla. (Attachments: # 1 Proposed Order Approving Stipulation Re: ADR)(Eisenberg, Jonathan) (Entered: 02/16/2017)

ORDER REGARDING PARTICIPATION IN ALTERNATIVE DISPUTE RESOLUTION 45 by Judge Michael W. Fitzgerald: The Court withdraws its September 19, 2016, order andreferral to alternative dispute resolution (ADR) in this case. The parties to this case, Roque Rocky De La Fuente and Alex Padilla, California Secretary of State, shall not be obligated to participate in a formal ADR procedure in this case. (lc) (Entered: 02/17/2017)

MEMORANDUM from Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals, 19 filed by Roque Rocky De La Fuenta. CCA # 16-56261. In dismissing the appeal as moot, we express no opinion on the merits of the district court's order. Because we dismiss the appeal, the Secretary's motion for judicial notice (Dkt. No. 16) is denied as moot. DISMISSED. (car) (Entered: 03/31/2017)

MANDATE of Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals, 19,, CCA # 16-56261. The judgment of the 9th Circuit Court, entered March 30, 2017, takes effect this date. This constitutes the formal mandate of the 9th CCA issued pursuant to Rule 41(a) of the Federal Rules of Appellate Procedure. [See USCA Memorandum 47 DISMISSED.](mat) (Entered: 04/24/2017)

NOTICE OF MOTION AND MOTION for Judgment on the Pleadings as to First Amended Complaint filed by Defendant Alex Padilla. Motion set for hearing on 6/5/2017 at 10:00 AM before Judge Michael W. Fitzgerald. (Attachments: # 1 Memorandum of Points and Authorites) (Eisenberg, Jonathan) (Entered: 05/04/2017)

1 Memorandum of Points and Authorites

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REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION for Judgment on the Pleadings as to First Amended Complaint 49 filed by Defendant Alex Padilla. (Eisenberg, Jonathan) (Entered: 05/04/2017)

DECLARATION of Amie L. Medley in support of NOTICE OF MOTION AND MOTION for Judgment on the Pleadings as to First Amended Complaint 49 filed by Defendant Alex Padilla. (Eisenberg, Jonathan) (Entered: 05/04/2017)

EXHIBIT 1-3, 5-19 to NOTICE OF MOTION AND MOTION for Judgment on the Pleadings as to First Amended Complaint 49 filed by Defendant Alex Padilla. (Attachments: # 1 Exhibit 5-13, # 2 Exhibit 14-19)(Eisenberg, Jonathan) (Entered: 05/04/2017)

EXHIBIT 14-19 (replacing erroneous filing from before) to NOTICE OF MOTION AND MOTION for Judgment on the Pleadings as to First Amended Complaint 49 filed by Defendant Alex Padilla. (Eisenberg, Jonathan) (Entered: 05/04/2017)

EXHIBIT 4 to NOTICE OF MOTION AND MOTION for Judgment on the Pleadings as to First Amended Complaint 49 filed by Defendant Alex Padilla. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit)(Eisenberg, Jonathan) (Entered: 05/04/2017)

NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: ExhibitS to Motion 52, 54, 53 . The following error(s) was found: (1) Case number and Title page are missing. (2) Pursuant to Local Rule 11-3.8, the filer should prepare a separate title page. 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. (jp) (Entered: 05/09/2017)

First EX PARTE APPLICATION to Strike NOTICE OF MOTION AND MOTION for Judgment on the Pleadings as to First Amended Complaint 49 filed by Plaintiff Roque Rocky De La Fuenta. (Attachments: # 1 Declaration, # 2 Proposed Order) (Mundell, Lucas) (Entered: 05/11/2017)

OPPOSITION re: First EX PARTE APPLICATION to Strike NOTICE OF MOTION AND MOTION for Judgment on the Pleadings as to First Amended Complaint 49 56 filed by Defendant Alex Padilla. (Attachments: # 1 Declaration of Jonathan M. Eisenberg, # 2 Exhibit 1-4)(Eisenberg, Jonathan) (Entered: 05/12/2017)

1 Declaration of Jonathan M. Eisenberg

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2 Exhibit 1-4

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MINUTES (In Chambers): ORDER Re Ex Parte Application 56 by Judge Michael W. Fitzgerald: The Court GRANTS the Application to the extent it seeks to continue the hearing date for Defendants currently pending Motion for Judgment on the Pleadings and corresponding deadlines by 30 days, and to continue the pre-trial and trial dates by 60 days. Accordingly, Defendants Motion will be heard on 7/10/2017. Plaintiff Opposition will be due three weeks prior to the date on 6/19/2017. The Ex Parte Application is DENIED in all other respects. (jp) (Entered: 05/15/2017)

TEXT ONLY ENTRY: NOTICE TO PARTIES: Effective June 1, 2017, Judge Standish is located at the Edward R. Roybal Federal Building, COURTROOM 640 on the 6th floor, located at 255 East Temple Street, Los Angeles, California 90012. All Court appearances shall be made in Courtroom 640 of the Roybal Federal Building, and all mandatory chambers copies shall be hand delivered to the judge's mail box located outside the Clerk's Office on the 12th floor of the Roybal Federal Building. The location for filing civil documents in paper format exempted from electronic filing and for viewing case files and other records services remains at the United States Courthouse, 312 North Spring Street, Room G-8, Los Angeles, California 90012. The location for filing criminal documents in paper format exempted from electronic filing remains at the Roybal Federal Building, 255 East Temple Street, Room 178, Los Angeles, California 90012. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rrey) TEXT ONLY ENTRY (Entered: 06/06/2017)

Text Only Notice of Judicial Move to Roybal Federal Building

Joint STIPULATION to Continue Hearing on MJP/MSJ from 07/10/2017 to 07/24/2017 filed by Plaintiff Roque Rocky De La Fuenta. (Attachments: # 1 Proposed Order)(Mundell, Lucas) (Entered: 06/15/2017)

ORDER GRANTING CONTINUANCE OF HEARING 60 by Judge Michael W. Fitzgerald, Finding good cause therefore, hereby continues the hearing date to for Defendants' Motion for Judgment on the Pleadings/Motion for Summary Judgment 49 and related deadlines bytwo weeks. The new dates are as follows:Plaintiff's Opposition Due: July 3, 2017. Defendants' Reply Due: July 10, 2017. Hearing on Defendants' Motion: July 24, 2017. (jp) (Entered: 06/16/2017)

SCHEDULING NOTICE by Judge Michael W. Fitzgerald. On the Court's own motion, a Telephonic Status Conference is set for July 6, 2017 at 3:00PM. The Courtroom Deputy, Ms. Sanchez, will email counsel the dial-in instructions. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rs) TEXT ONLY ENTRY (Entered: 06/30/2017)

OPPOSITION to NOTICE OF MOTION AND MOTION for Judgment on the Pleadings as to First Amended Complaint 49 filed by Plaintiff Roque Rocky De La Fuenta. (Attachments: # 1 Declaration Declaration of Roque De La Fuente, # 2 Exhibit Exhibit 1, # 3 Declaration Declaration of Richard Winger, # 4 Objection, # 5 Ex Parte, # 6 Proposed Order, # 7 Proof of Service)(Mundell, Lucas) (Entered: 06/30/2017)

1 Declaration Declaration of Roque De La Fuente

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2 Exhibit Exhibit 1

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3 Declaration Declaration of Richard Winger

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4 Objection

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5 Ex Parte

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6 Proposed Order

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7 Proof of Service

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Text Only Scheduling Notice

ORDER by Judge Michael W. Fitzgerald: Plaintiff's Ex Parte Application, filed as part of his Opposition to Motion for Judgment on the Pleadings [63-5], is GRANTED. Defendants are permitted to exceed the page limitation by five pages in their Reply. The Court VACATES the telephonic status conference set for July 6, 2017. The Court VACATES the Pretrial Conference set for July 24, 2017. *See Order for details.* (cw) (Entered: 07/05/2017)

STIPULATION for Extension of Time to File Reply as to Response in Opposition to Motion, 63 filed by Defendants State of California, Alex Padilla. (Attachments: # 1 Proposed Order re Stipulated Request to Extend Deadline to File Reply)(Medley, Amie) (Entered: 07/06/2017)

ORDER GRANTING Stipulated Request to continue Deadline to File Reply in support of Motion for Judgment on the Pleadings 65 by Judge Michael W. Fitzgerald. Pursuant to the Stipulation of Defendant, on one hand, and Plaintiff, on the other hand, the deadline for Secretary Padilla to file a reply in support of his Motion for Judgment on the Pleadings is continued from 7/10/2017 to 7/17/2017. The hearing on the Motion for Judgment on the Pleadings will be held on 7/31/2017 at 10:00 AM. (jp) (Entered: 07/07/2017)

Joint STIPULATION to Continue Hearing on MJP/MSJ from July 31, 2017 to August 14, 2017 Re: NOTICE OF MOTION AND MOTION for Judgment on the Pleadings as to First Amended Complaint 49 filed by Plaintiff Roque Rocky De La Fuenta.(Mundell, Lucas) (Entered: 07/14/2017)

ORDER by Judge Michael W. Fitzgerald: The Stipulation to Continue Hearing Date 67 is GRANTED. The hearing on Defendants' Motion for Judgment on the Pleadings/Motion for Summary Judgment 49 is continued to 8/21/2017 at 10:00 AM before Judge Michael W. Fitzgerald. (cw) (Entered: 07/17/2017)

REPLY in support NOTICE OF MOTION AND MOTION for Judgment on the Pleadings as to First Amended Complaint 49 filed by Defendants State of California, Alex Padilla. (Medley, Amie) (Entered: 07/17/2017)

SCHEDULING NOTICE RE TIME OF MOTION HEARING by Judge Michael W. Fitzgerald. On the Court's own motion, Motion for Judgment on the Pleadings as to First Amended Complaint 49 will be held on August 21, 2017 at 3:00PM. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rs) TEXT ONLY ENTRY (Entered: 07/26/2017)

Text Only Scheduling Notice

First APPLICATION of Non-Resident Attorney Paul A. Rossi to Appear Pro Hac Vice on behalf of Plaintiff Roque Rocky De La Fuenta (Pro Hac Vice Fee - Fee Paid, Receipt No. 0973-20339958) filed by Plaintiff Roque Rocky De La Fuenta. (Attachments : # 1 Cert. of Good Standing, # 2 Proposed Order) (Mundell, Lucas) (Entered: 08/11/2017)

NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: First APPLICATION of Non-Resident Attorney Paul A. Rossi to Appear Pro Hac Vice on behalf of Plaintiff Roque Rocky De La Fuenta (Pro Hac Vice Fee - Fee Paid, Receipt No. 0973-20339958) 71 . The following error(s) was/were found: Local Rule 83-2.1.3.4 Local counsel does not maintain an office within the District. (lt) (Entered: 08/14/2017)

MINUTE (In Chambers): ORDER Re Defendant Alex Padilla's Motion for Judgment on the Pleadings 49 by Judge Michael W. Fitzgerald: The hearing currently scheduled for 8/21/2017, is VACATED. Defendant Alex Padilla is ORDERED to file supplemental briefing in the nature of a summary judgment brief no later than 8/28/2017. The Court will hold a hearing on 9/11/2017 at 10:00 AM. (jp) (Entered: 08/14/2017)

RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS RE: First APPLICATION of Non-Resident Attorney Paul A. Rossi to Appear Pro Hac Vice on behalf of Plaintiff Roque Rocky De La Fuenta (Pro Hac Vice Fee - Fee Paid, Receipt No. 0973-20339958) 71 by Clerk of Court to Judge Michael W. Fitzgerald. The document is accepted as filed. The Court accepts the filing because the "local counsel" is already counsel of record for Plaintiff. However, the Court notes that the filing does not comply with the Local Rules and Judge Fitzgerald's Procedures and Schedules, particularly regarding proposed orders. Failure to comply in future filings may result in the documents being stricken. (jp) (Entered: 08/15/2017)

ORDER ON APPLICATION OF NON-RESIDENT ATTORNEY TO APPEAR IN A SPECIFIC CASE PRO HAC VICE by Judge Michael W. Fitzgerald: granting 71 Non-Resident Attorney Paul A Rossi APPLICATION to Appear Pro Hac Vice on behalf of Plaintiff Roque Rocky De La Fuenta, designating Morgan J.C. Scudi as local counsel. (jp) (Entered: 08/16/2017)

SUPPLEMENT to NOTICE OF MOTION AND MOTION for Judgment on the Pleadings as to First Amended Complaint 49 Supplemental Brief in Support of Motion for Summary Judgment filed by Defendants State of California, Alex Padilla. (Attachments: # 1 Supplement Statement of Undisputed Facts, # 2 Declaration Declaration of Jonathan M. Eisenberg in Support of Motion for Summary Judgment)(Medley, Amie) (Entered: 08/28/2017)

1 Supplement Statement of Undisputed Facts

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2 Declaration Declaration of Jonathan M. Eisenberg in Support of Motion for Summar

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Joint STIPULATION to Continue Hearing on Defendant's Motion for Summary Judgment from September 11, 2017 to October 25, 2017 Re: Supplement(Motion related), 76 filed by Plaintiff Roque Rocky De La Fuenta. (Attachments: # 1 Proposed Order)(Mundell, Lucas) (Entered: 09/08/2017)

ORDER RE MOTIONS HEARING 77 by Judge Michael W. Fitzgerald that (1) Plaintiff may file a responsive brief of no more than ten pages to Defendants supplemental brief for Summary Judgment no later than 9/25/2017; (2) No further briefing may be filed or requested; and (3) The hearing scheduled for 9/11/2017 shall be continued to 10:00 AM., Monday, 10/2/2017 49 . (jp) (Entered: 09/08/2017)

SCHEDULING NOTICE by Judge Michael W. Fitzgerald: In light of the Court's Order granting the parties' request to move the hearing on Motion for Judgment on the Pleadings 78, the Court VACATES the Pretrial Conference, Trial, and related deadlines. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cw) TEXT ONLY ENTRY (Entered: 09/13/2017)

Text Only Scheduling Notice

OPPOSITION to NOTICE OF MOTION AND MOTION for Judgment on the Pleadings as to First Amended Complaint 49 Supplemental Brief in Opposition to Defendants' Motion for Summary Judgment filed by Plaintiff Roque Rocky De La Fuenta. (Attachments: # 1 Proposed Order, # 2 Exhibit Exhibit A, # 3 Exhibit Exhibit B)(Rossi, Paul) (Entered: 09/25/2017)

1 Proposed Order

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2 Exhibit Exhibit A

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3 Exhibit Exhibit B

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MINUTES OF MOTION for Judgment on the Pleadings as to First Amended Complaint 49 before Judge Michael W. Fitzgerald: Case called, and counsel make their appearance. The Court hears oral argument from counsel and takes the matter under submission. An order will issue. Court Reporter: Amy Diaz. (jp) (Entered: 10/02/2017)

MINUTES (In Chambers): ORDER Re: Defendants Motion for Judgment on the Pleadings or, Alternatively, for Summary Judgment 49 by Judge Michael W. Fitzgerald: Defendants Motion is GRANTED and the action is DISMISSED. This Order shall constitute notice of entry of judgment pursuant to Federal Rule of Civil Procedure 58. The Court ORDERS the Clerk to treat this Order, and its entry on the docket, as an entry of judgment. Local Rule 58-6. (MD JS-6. Case Terminated.) (jp) (Entered: 10/04/2017)

NOTICE OF DISCREPANCY AND ORDER by Judge Michael W. Fitzgerald, ORDERING October 4, 2017 Letter from Richard Winger received on 10/20/2017 is not to be filed but instead rejected. Denial based on: No letters to the judge. (jp) (Entered: 10/24/2017)

NOTICE OF APPEAL to the 9th Circuit Court of Appeals filed by Plaintiff Roque Rocky De La Fuenta. Appeal of Order on Motion for Judgment on the Pleadings,, Motion Hearing, 81, Order on Motion for Judgment on the Pleadings, 82 . (Appeal Fee - $505 Fee Paid, Receipt No. 0973-20770412.) (Rossi, Paul) (Entered: 11/02/2017)

REPRESENTATION STATEMENT re Notice of Appeal to 9th Circuit Court of Appeals, 84 . (Rossi, Paul) (Entered: 11/02/2017)

NOTIFICATION from Ninth Circuit Court of Appeals of case number assigned and briefing schedule. Appeal Docket No. 17-56668 assigned to Notice of Appeal to 9th Circuit Court of Appeals 84 as to Plaintiff Roque Rocky De La Fuenta. (jp) (Entered: 11/06/2017)

DESIGNATION of Record on Appeal by Plaintiff Roque Rocky De La Fuenta re 84 (Rossi, Paul) (Entered: 12/20/2017)

OPINION from Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals, 84 filed by Roque Rocky De La Fuenta. CCA # 17-56668. We affirm the district court's dismissal of the case. AFFIRMED. (lom) (Entered: 07/23/2019)

MANDATE of Ninth Circuit Court of Appeals filed re: USCA Memorandum/Opinion /Order 88, Notice of Appeal to 9th Circuit Court of Appeals, 84, CCA # 17-56668. The judgment of this Court, entered July 19, 2019, 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. (car) (Entered: 08/13/2019)