R. J. Beaber, et al v. Shirley N. Weber Featured Case

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.

Plaintiff: R. J. Beaber and A. W. Clark
Defendant: Shirley N. Weber
Intervenor: Carla Endow, Marllus Gandrud and Lisa Long
Intervenor Defendant: Orrin E. Heatlie, Mike Netter and The California Patriot Coalition - Recall Governor Gavin Newsom
Case Number: 2:2021cv06558
Filed: August 13, 2021
Court: US District Court for the Central District of California
Presiding Judge: Michael W. Fitzgerald
Presiding Judge: Karen L. Stevenson
Nature of Suit: Civil Rights: Voting
Cause of Action: 28 U.S.C. ยง 1331
Jury Demanded By: None
Docket Report

This docket was last retrieved on September 9, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 9, 2021 Opinion or Order Filing 37 FIRST AMENDED COMPLAINT filed by Plaintiff A. W. Clark re: Complaint (Attorney Civil Case Opening) 1 (Yagman, Stephen)
September 8, 2021 Opinion or Order 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)
September 1, 2021 Opinion or Order 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).
August 30, 2021 Opinion or Order 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)
August 30, 2021 Opinion or Order 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)
August 29, 2021 Opinion or Order 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)
August 27, 2021 Opinion or Order 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)
August 27, 2021 Opinion or Order 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)
August 26, 2021 Opinion or Order 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)
August 26, 2021 Opinion or Order 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)
August 26, 2021 Opinion or Order 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)
August 26, 2021 Opinion or Order 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)
August 25, 2021 Opinion or Order Filing 25 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)
August 25, 2021 Opinion or Order 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)
August 24, 2021 Opinion or Order 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)
August 24, 2021 Opinion or Order 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
August 18, 2021 Opinion or Order Filing 21 NOTICE OF DISMISSAL filed by Plaintiff R. J. Beaber pursuant to FRCP 41a(1) as to All Defendants. (Yagman, Stephen)
August 18, 2021 Opinion or Order 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)
August 18, 2021 Opinion or Order 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
August 18, 2021 Opinion or Order 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)
August 18, 2021 Opinion or Order 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)
August 17, 2021 Opinion or Order 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)
August 16, 2021 Opinion or Order 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)
August 16, 2021 Opinion or Order 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)
August 16, 2021 Opinion or Order 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)
August 16, 2021 Opinion or Order 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)
August 16, 2021 Opinion or Order 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)
August 14, 2021 Opinion or Order 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)
August 13, 2021 Opinion or Order Filing 9 21 DAY Summons issued re Complaint 1 as to defendant Shirley N. Weber. (esa)
August 13, 2021 Opinion or Order Filing 8 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (esa)
August 13, 2021 Opinion or Order Filing 7 Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (esa)
August 13, 2021 Opinion or Order Filing 6 NOTICE OF ASSIGNMENT to District Judge Christina A. Snyder and Magistrate Judge Karen L. Stevenson. (esa)
August 13, 2021 Opinion or Order Filing 5 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) 1 filed by Plaintiff R J Beaber. (Yagman, Stephen)
August 13, 2021 Opinion or Order Filing 4 CIVIL COVER SHEET filed by Movant R J Beaber. (Yagman, Stephen)
August 13, 2021 Opinion or Order Filing 3 NOTICE of Interested Parties filed by Plaintiff R J Beaber, (Yagman, Stephen)
August 13, 2021 Opinion or Order Filing 2 NOTICE of Related Case(s) filed by Plaintiff R J Beaber. (Yagman, Stephen)
August 13, 2021 Opinion or Order 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)

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Search for this case: R. J. Beaber, et al v. Shirley N. Weber
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Plaintiff: R. J. Beaber
Represented By: Joseph Reichmann
Represented By: Stephen Yagman
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Plaintiff: A. W. Clark
Represented By: Joseph Reichmann
Represented By: Stephen Yagman
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Intervenor: Carla Endow
Represented By: Michael Andrew Columbo
Represented By: Harmeet K. Dhillon
Represented By: Mark P Meuser
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Intervenor: Marllus Gandrud
Represented By: Michael Andrew Columbo
Represented By: Harmeet K. Dhillon
Represented By: Mark P Meuser
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Intervenor: Lisa Long
Represented By: Michael Andrew Columbo
Represented By: Harmeet K. Dhillon
Represented By: Mark P Meuser
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Intervenor defendant: Orrin E. Heatlie
Represented By: Eric Peter Early
Represented By: Jeremy J Gray
Represented By: Ryan M Hemar
Represented By: Peter D Scott
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Intervenor defendant: Mike Netter
Represented By: Eric Peter Early
Represented By: Jeremy J Gray
Represented By: Ryan M Hemar
Represented By: Peter D Scott
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Intervenor defendant: The California Patriot Coalition - Recall Governor Gavin Newsom
Represented By: Eric Peter Early
Represented By: Jeremy J Gray
Represented By: Ryan M Hemar
Represented By: Peter D Scott
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Defendant: Shirley N. Weber
Represented By: John D Echeverria
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