R. J. Beaber, et al v. Shirley N. Weber
Plaintiffs R.J. Beaber and A.W. Clark sued California Secretary of State Shirley N. Weber alleging that the gubernatorial recall election violated the right to equal protection and the right to due process of law under the 14th Amendment by prohibiting the governor from running to replace himself.
| R. J. Beaber and A. W. Clark |
| Shirley N. Weber |
| Orrin E. Heatlie, Mike Netter and The California Patriot Coalition - Recall Governor Gavin Newsom |
| Carla Endow, Lisa Long and Marllus Gandrud |
| 2:2021cv06558 |
| August 13, 2021 |
| US District Court for the Central District of California |
| Michael W Fitzgerald |
| Christina A Snyder |
| Karen L Stevenson |
| Civil Rights: Voting |
| 28 U.S.C. § 1331 |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on September 26, 2021. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 40
PLAINTIFF'S OPPOSITION TO DEFENDANT'S MOTION TO DISMISS OPPOSITION TO re: NOTICE OF MOTION AND MOTION to Dismiss Case #39 , filed by Plaintiff A. W. Clark. (Yagman, Stephen)
|
|
Filing 39
NOTICE OF MOTION AND MOTION to Dismiss Case filed by Defendant Shirley N. Weber. Motion set for hearing on 11/1/2021 at 10:00 AM before Judge Michael W. Fitzgerald. (Attachments: #1 Memorandum of Points and Authorities in Support of Motion to Dismiss, #2 Proof of Service) (Echeverria, John)
|
|
Filing 38
Notice of Withdrawal of Motion to Intervene,, #25 filed by Proposed Intervenors Orrin E. Heatlie, Mike Netter, The California Patriot Coalition - Recall Governor Gavin Newsom. (Early, Eric)
|
|
Filing 37
FIRST AMENDED COMPLAINT filed by Plaintiff A. W. Clark re: Complaint (Attorney Civil Case Opening) #1 (Yagman, Stephen)
|
|
Filing 36
ORDER from Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals #31 filed by A. W. Clark. CCA # 21-55930. The motion for leave to file an amicus curiae brief in opposition to appellant's emergency petition is granted. The emergency petition for writ of mandamus is denied. Appellant's August 29, 2021 filing seeks injunctive relief pending resolution of this appeal, the request is denied. [See document for more complete details.](mat)
|
|
Filing 35
STIPULATION Extending Time to Answer the complaint as to Shirley N. Weber answer now due 9/10/2021, re Complaint (Attorney Civil Case Opening) #1 filed by Defendant Shirley N. Weber.(Echeverria, John) Modified on 9/3/2021 (rs).
|
|
Filing 33
CORRECTED RESPONSE TO COURT'S AUG. 27, 2021 OSC RE: POSSIBLE SUMMARY JUDGMENT re NOTICE OF MOTION AND MOTION for Declaratory Judgment Re: Unconstitutionality of Cal. Const. Art. II, sec. 15(c), on its face and as applied, and for preliminary injunction prohibiting Sept. 14, 2021 recall election #10 filed by Plaintiff A. W. Clark. (Yagman, Stephen)
|
|
Filing 32
RESPONSE filed by Plaintiff A. W. Clarkto Order on Motion for Declaratory Judgment,, #30 OSC WHY SUMMARY JUDGMENT SHOULD NOT BE ENTERED, (Yagman, Stephen)
|
|
Filing 34
NOTIFICATION from Ninth Circuit Court of Appeals of case number assigned and briefing schedule. Appeal Docket No. 21-55930 assigned to Notice of Appeal to 9th Circuit Court of Appeals #31 as to Plaintiff A. W. Clark. (lom)
|
|
Filing 31
NOTICE OF APPEAL to the 9th Circuit Court of Appeals filed by Plaintiff, A.W. Clark A. W. Clark. Appeal of Order on Motion for Declaratory Judgment,, #30 . (Appeal Fee - $505 Fee Paid, Receipt No. ACACDC-31888451.) (Yagman, Stephen)
|
|
Filing 30
ORDER DENYING PLAINTIFF'S MOTION (1) FOR DECLARATORY RELIEF AND (2) PRELIMINARY INJUNCTION #10 by Judge Michael W. Fitzgerald. The Motion is DENIED. The Court ORDERS Plaintiff A.J. Clark to show cause in writing, if any there be, why summary judgment should not be entered in favor of Defendant Shirley N. Weber, as California Secretary of State, pursuant to Rule 56 of the Federal Rules of Civil Procedure. Plaintiffs response to this Order to Show Cause shall be filed on or before September 21, 2021. If the parties agree that the action should continue in the usual course for reasons that this Court does not now perceive, then they may stipulate that the Order to Show Cause should be discharged. (iv)
|
|
Filing 29
MEMORANDUM in Opposition to EX PARTE APPLICATION to Intervene As Defendants And Memorandum Of Points And Authorities In Support Thereof #25 filed by Defendant Shirley N. Weber. (Echeverria, John)
|
|
Filing 28
OPPOSITION TO TWO EX PARTE APPLICATIONS FOR PERMISSION TO MOVE TO INTERVENE IN OPPOSITION TO re: EX PARTE APPLICATION for Leave to file Motion to Intervene #24 , EX PARTE APPLICATION to Intervene As Defendants And Memorandum Of Points And Authorities In Support Thereof #25 filed by Plaintiff A. W. Clark. (Yagman, Stephen)
|
|
Filing 27
MEMORANDUM in Opposition to EX PARTE APPLICATION for Leave to file Motion to Intervene #24 filed by Defendant Shirley N. Weber. (Echeverria, John)
|
|
Filing 26
REPLY IN SUPPORT OF NOTICE OF MOTION AND MOTION for Declaratory Judgment Re: Unconstitutionality of Cal. Const. Art. II, sec. 15(c), on its face and as applied, and for preliminary injunction prohibiting Sept. 14, 2021 recall election #10 filed by Plaintiff A. W. Clark. (Yagman, Stephen)
|
|
Filing 25
**WITHDRAWN** EX PARTE APPLICATION to Intervene As Defendants And Memorandum Of Points And Authorities In Support Thereof filed by Intervenors Orrin E. Heatlie, Mike Netter, The California Patriot Coalition - Recall Governor Gavin Newsom. (Attachments: #1 Declaration of Orrin E. Heatlie, #2 Declaration of Ryan M. Hemar, #3 Notice Of Joinder In Oppositions To Plaintiffs Motion For Declaratory Relief And Preliminary Injunction, #4 Proposed Order) (Attorney Eric Peter Early added to party Orrin E. Heatlie(pty:intvd), Attorney Eric Peter Early added to party Mike Netter(pty:intvd), Attorney Eric Peter Early added to party The California Patriot Coalition - Recall Governor Gavin Newsom(pty:intvd)) (Early, Eric) Modified on 9/24/2021 Per Notice #38 (iv).
|
|
Filing 24
EX PARTE APPLICATION for Leave to file Motion to Intervene filed by Intervenors Carla Endow, Lisa Long, Marllus Gandrud. (Attachments: #1 Request for Judicial Notice, #2 Exhibit Nos. 1-8 to Request for Judicial Notice, #3 Declaration of Mark Meuser, #4 Declaration of Carla Endow, #5 Declaration of Lisa Long, #6 Declaration of Marllus Gandrud, #7 Proposed Order) (Attorney Harmeet K. Dhillon added to party Carla Endow(pty:intv), Attorney Harmeet K. Dhillon added to party Lisa Long(pty:intv), Attorney Harmeet K. Dhillon added to party Marllus Gandrud(pty:intv)) (Dhillon, Harmeet)
|
|
Filing 23
MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION for Declaratory Judgment Re: Unconstitutionality of Cal. Const. Art. II, sec. 15(c), on its face and as applied, and for preliminary injunction prohibiting Sept. 14, 2021 recall election #10 filed by Defendant Shirley N. Weber. (Attachments: #1 Declaration of Joanna Southard, #2 Certificate of Service)(Echeverria, John)
|
|
Filing 22
SCHEDULING NOTICE and ORDER by Judge Michael W. Fitzgerald. Pursuant to General Order 21-08 and Rule 78 of the Federal Rules of Civil Procedure and Local Rule 7-15, the Court finds the MOTION (1) FOR DECLARATORY RELIEF AND (2) PRELIMINARY INJUNCTION #10 appropriate for submission on the papers without oral argument. Accordingly, the hearing set on this motion for August 30, 2021 is vacated and taken off calendar. If the Court determines that a hearing is necessary, one will be reset at a later date. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rs) TEXT ONLY ENTRY
|
|
Filing 21
NOTICE OF DISMISSAL filed by Plaintiff R. J. Beaber pursuant to FRCP 41a(1) as to All Defendants. (Yagman, Stephen)
|
|
Filing 20
RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS RE: Stipulation #17 by Judge Michael W. Fitzgerald. The document is accepted as filed. (iv)
|
|
Filing 19
ORDER by Judge Michael W. Fitzgerald. The Court has reviewed the parties' Stipulation to Briefing/Hearing Schedule #17 ("Stipulation") on Plaintiffs' Motion for Declaratory Relief/Preliminary Injunction #10 ("Motion"). The Court GRANTS the parties' requests in the Stipulation and ORDERS as follows: Defendant's Opposition or statement of non-opposition to Plaintiffs' Motion shall be filed no later than 8/24/2021; Plaintiffs' Reply, if any, shall be filed no later than 8/26/2021; the Motion will be heard on 8/30/2021 at 10:00 a.m. before Judge Michael W. Fitzgerald. In light of the Stipulation, the Court DENIES as moot Plaintiffs' Ex Parte Application for Order to Set Briefing Schedule and Hearing Date #13 . Counsel is reminded that compliance with the Local Rules is mandatory. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (smom) TEXT ONLY ENTRY
|
|
Filing 18
NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Stipulation #17 . The following error(s) was/were found: Proposed Document was not submitted as separate attachment. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. (iv)
|
|
Filing 17
STIPULATION for Order TO BRIEFING/HEARING SCHEDULE ON PLAINTIFFS' MOTION FOR DECLARATORY RELIEF/PRELIMINARYY INJUNCTION filed by Plaintiffs R. J. Beaber.(Yagman, Stephen)
|
|
Filing 16
NOTICE of Appearance filed by attorney John D Echeverria on behalf of Defendant Shirley N. Weber (Attorney John D Echeverria added to party Shirley N. Weber(pty:dft))(Echeverria, John)
|
|
Filing 15
DECLARATION of STEPHEN YAGMAN EX PARTE APPLICATION to TO SET BRIEFING SCHEDULE AND HEARING DATE ON PLAINTIFFS' MOTION FOR DECLARATORY RELIEF AND PRELIMINARY INJUNCTION #13 , NOTICE OF MOTION AND MOTION for Declaratory Judgment Re: Unconstitutionality of Cal. Const. Art. II, sec. 15(c), on its face and as applied, and for preliminary injunction prohibiting Sept. 14, 2021 recall election #10 filed by Plaintiff R. J. Beaber. (Yagman, Stephen)
|
|
Filing 14
ORDER RETURNING CASE FOR REASSIGNMENT by Judge Christina A. Snyder. ORDER case returned to the Clerk for random reassignment pursuant to General Order 21-01. Case randomly reassigned from Judge Christina A. Snyder to Judge Michael W. Fitzgerald for all further proceedings. The case number will now reflect the initials of the transferee Judge 2:21-cv-06558 MWF (KSx). (esa)
|
|
Filing 13
EX PARTE APPLICATION to TO SET BRIEFING SCHEDULE AND HEARING DATE ON PLAINTIFFS' MOTION FOR DECLARATORY RELIEF AND PRELIMINARY INJUNCTION filed by Plaintiff R. J. Beaber. (Attachments: #1 Proposed Order) (Yagman, Stephen)
|
|
Filing 12
DECLARATION of Plaintiff, A.W. Clark in support of NOTICE OF MOTION AND MOTION for Declaratory Judgment Re: Unconstitutionality of Cal. Const. Art. II, sec. 15(c), on its face and as applied, and for preliminary injunction prohibiting Sept. 14, 2021 recall election #10 filed by Plaintiff A. W. Clark. (Yagman, Stephen)
|
|
Filing 11
DECLARATION of Plaintiff, R.J. Beaber NOTICE OF MOTION AND MOTION for Declaratory Judgment Re: Unconstitutionality of Cal. Const. Art. II, sec. 15(c), on its face and as applied, and for preliminary injunction prohibiting Sept. 14, 2021 recall election #10 filed by Plaintiff R. J. Beaber. (Yagman, Stephen)
|
|
Filing 10
NOTICE OF MOTION AND MOTION for Declaratory Judgment Re: Unconstitutionality of Cal. Const. Art. II, sec. 15(c), on its face and as applied, and for preliminary injunction prohibiting Sept. 14, 2021 recall election filed by Plaintiff R. J. Beaber. (Attachments: #1 Proposed Order) (Yagman, Stephen)
|
|
Filing 9
21 DAY Summons issued re Complaint #1 as to defendant Shirley N. Weber. (esa)
|
|
Filing 8
NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (esa)
|
|
Filing 7
Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (esa)
|
|
Filing 6
NOTICE OF ASSIGNMENT to District Judge Christina A. Snyder and Magistrate Judge Karen L. Stevenson. (esa)
|
|
Filing 5
Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff R J Beaber. (Yagman, Stephen)
|
|
Filing 4
CIVIL COVER SHEET filed by Movant R J Beaber. (Yagman, Stephen)
|
|
Filing 3
NOTICE of Interested Parties filed by Plaintiff R J Beaber, (Yagman, Stephen)
|
|
Filing 2
NOTICE of Related Case(s) filed by Plaintiff R J Beaber. (Yagman, Stephen)
|
|
Filing 1
COMPLAINT Receipt No: ACACDC-31801700 - Fee: $402, filed by Plaintiff R J Beaber. (Attorney Stephen Yagman added to party R J Beaber(pty:bkmov))(Yagman, Stephen)
|
|
Filing 1
COMPLAINT Receipt No: ACACDC-31801700 - Fee: $402, filed by Plaintiff R J Beaber. (Attorney Stephen Yagman added to party R J Beaber(pty:bkmov))(Yagman, Stephen)
|
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the California Central District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
