Roque De La Fuente v. Padilla
| Roque "Rocky" De La Fuente |
| Alex Padilla |
| 2:2019cv01659 |
| August 26, 2019 |
| US District Court for the Eastern District of California |
| Deborah Barnes |
| Edmund F Brennan |
| Morrison C England |
| Troy L Nunley |
| Constitutional - State Statute |
| 28 U.S.C. § 1331 |
| None |
Docket Report
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| Filing 44 USCA CASE NUMBER 19-17009 for #42 Notice of Appeal filed by Alex Padilla. (York, M) |
| Filing 43 APPEAL PROCESSED to Ninth Circuit re #42 Notice of Appeal filed by Alex Padilla. Notice of Appeal filed *10/8/2019*, Complaint filed *7/30/2019* and Appealed Order / Judgment filed *10/2/2019*. Court Reporter: *Diane Shepard*. *Fee Status: Paid on 10/8/2019 in the amount of $505.00* (Attachments: #1 Appeal Information) (Mena-Sanchez, L) |
| Filing 42 NOTICE of APPEAL by Alex Padilla as to #40 Memorandum, Opinion & Order. (Filing fee $ 505, receipt number 0972-8506403) (Stegeman, Chad) Modified on 10/9/2019 (Mena-Sanchez, L). |
| Filing 41 ANSWER by Alex Padilla.(Stegeman, Chad) |
Filing 40
AMENDED MEMORANDUM and ORDER signed by District Judge Morrison C. England, Jr on 10/2/2019 GRANTING #6 Motion for Preliminary Injunction. Defendants are hereby ENJOINED from enforcing the provisions of the Presidential Tax Transparency and Accountability Act to the extent they require candidates for the presidency to disclose their tax returns as a condition of appearing on California's presidential primary ballot. (Donati, J)
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Filing 39
ORDER signed by District Judge Morrison C. England, Jr on 10/1/2019 GRANTING #6 Motion for Preliminary Injunction. Defendants are hereby ENJOINED from enforcing the provisions of the Presidential Tax Transparency and Accountability Act to the extent they require candidates for the presidency to disclose their tax returns as a condition of appearing on Californias presidential primary ballot.(Donati, J)
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Filing 38
ORDER signed by District Judge Morrison C. England, Jr. on 9/25/2019 ORDERING that California Secretary of State Alex Padilla, shall have up to and including 10/7/2019 to respond to Plaintiff's complaint. (Reader, L)
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| Filing 37 TRANSCRIPT of Proceedings held on September 19, 2019, before District Judge Morrison C. England, Jr, filed by Court Reporter Diane Shepard, Phone number 916-554-7460 E-mail diane.shepard@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction must be filed within 5 court days. Redaction Request due 10/18/2019. Redacted Transcript Deadline set for 10/28/2019. Release of Transcript Restriction set for 12/26/2019. (Shepard, D) |
| Filing 36 MINUTES (Text Only) for proceedings before District Judge Morrison C. England, Jr.: MOTION HEARING held on 9/19/2019. After argument from counsel, the Court tentatively GRANTED the Plaintiff's Motion for Preliminary Injunction #6 . A written order will be filed not later than October 1, 2019. Plaintiff's Counsel Paul Rossi, present. Defendant's Counsel Jay Russell, Chad Stegeman, Peter Chang, and Paul Stein, present. Court Reporter: Diane Shepard. (Deutsch, S) |
| Filing 35 MINUTE ORDER (Text Only) issued by courtroom deputy for District Judge, Morrison C. England, Jr.: The Motion for Permission to Testify at Hearing (ECF No. 33) is DENIED. (Deutsch, S) |
| Filing 34 MINUTE ORDER (Text Only) issued by courtroom deputy for District Judge, Morrison C. England, Jr.: On the Court's own motion and pursuant to this Court's previous Related Case Orders, civil cases 2:19-cv-1477-MCE-DB, 2:19-cv-01501-MCE-DB, 2:19-cv-01506-MCE-DB, 2:19-cv-01507-MCE-DB and 2:19-cv-01659-MCE-DB are hereby RELATED. (Deutsch, S) |
| Filing 33 MOTION for Permission to Testify at Hearing by Roque "Rocky" De La Fuente. (Rossi, Paul) Modified on 9/18/2019 (Kastilahn, A). |
| Filing 32 STIPULATION and PROPOSED ORDER for Extension of Time to Respond to Complaint by Alex Padilla. Attorney Russell, Jay Craig added. (Russell, Jay) |
| Filing 31 REPLY BRIEF by Plaintiff in OPPOSITION to Defendants' OPPOSITION to #6 Motion for Preliminary Injunction. (Rossi, Paul) Modified on 9/13/2019 (Mena-Sanchez, L). |
| Filing 30 MINUTE ORDER (Text Only) issued by courtroom deputy for District Judge, Morrison C. England, Jr.: On the Court's own motion, the September 19, 2019 hearing on Plaintiff's Motion for Preliminary Injunction #6 is ADVANCED to 10:00 a.m. in courtroom 7. (Deutsch, S) |
| Filing 29 OPPOSITION by Defendant Alex Padilla to #6 Motion for Preliminary Injunction (Chang, Peter) Modified on 9/6/2019 (Benson, A.). |
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Filing 28
ORDER signed by District Judge Morrison C. England, Jr on 8/29/2019 GRANTING #27 Request by State Defendants to file a single, combined brief with an enlarged limit of 40 pages in opposition to the Motions for Preliminary Injunction. The court will also permit Reply memoranda of up to 20 pages in length.(Donati, J)
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| Filing 27 REQUEST for Leave to File Single, Combined Opposition Brief with Enlarged Page Limit of 40 pages in Opposition to Motions for Preliminary Injunction by Alex Padilla. (Attachments: #1 (Proposed Order)(Chang, Peter) Modified on 8/29/2019 (Kaminski, H). |
| Filing 26 MINUTE ORDER (Text Only) issued by courtroom deputy for District Judge, Morrison C. England, Jr.: Having related this case by Order filed 8/28/2019 #25 , the Court notes that a Motion for Preliminary Injunction was previously filed on 8/5/2019 #6 , before the matter was transferred here on 8/26/2019 #21 . The parties are hereby advised that the briefing deadlines and hearing on said Motion are hereby scheduled concurrently with the Motions filed in the other related cases, as set forth in the Court's Minute Order filed on 8/13/2019 in Case No. 2:19-cv-01477-MCE-DB #14 . Consequently, a joint hearing for all pending preliminary injunction requests, including this one, is set for September 19, 2019 at 2:00 p.m. in Courtroom No. 7. Any opposition to this Motion is therefore due on September 5, 2019; the reply is to be submitted by September 12, 2019. (Deutsch, S) |
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Filing 25
RELATED CASE ORDER signed by District Judge Morrison C. England, Jr on 8/28/2019 ORDERING that cases 2:19-cv-1477 and 2:19-cv-1659 are RELATED. All cases shall be ASSIGNED to District Judge Morrison C. England, Jr. and Magistrate Judge Deborah Barnes. District Judge Troy L. Nunley and Magistrate Edmund F. Brennan are no longer assigned to case. New Case Number: 2:19-cv-1659 MCE DB. All dates currently set before Judge Nunley or Brennan are VACATED. (Donati, J)
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| Filing 24 NOTICE of RELATED CASE 2:19-cv-01477, 2:19-cv-01501, 2:19-cv-01506, 2:19-cv-01507 by Alex Padilla. Attorney Chang, Peter H. added. (Chang, Peter) |
| Filing 23 MINUTE ORDER issued by Courtroom Deputy M. Krueger for District Judge Troy L. Nunley on 8/27/2019: A review of the case shows that this matter was transferred from another district court. As is the practice of this Court, any dates pending prior to transfer are hereby VACATED. The parties are ORDERED to re-notice any pending motions before Judge Troy L. Nunley on an appropriate law and motion date and submit on the briefs. The parties may also file and notice new motions if they wish to raise new issues. (TEXT ONLY ENTRY) (Krueger, M) |
| Filing 22 CIVIL NEW CASE DOCUMENTS ISSUED; (Attachments: #1 Consent Form, #2 VDRP) (Martin-Gill, S) |
| Filing 21 CASE TRANSFERRED IN from District of California Southern; Case Number 3:19-cv-01433. |
| Filing 20 Case transferred to Eastern District of California. Files transferred electronically to: *Eastern District of California*.*2500 Tulare Street, Room 1501**Fresno, CA 93721-1318*. Signed by Judge William Q. Hayes on 8/20/2019. (Attachments: #1 Transfer Order) (ag) (jao). [Transferred from casd on 8/26/2019.] |
| Filing 19 Joint MOTION for Extension of Time to File Response/Reply as to #1 Complaint, by Alex Padilla. (Stegeman, Chad) [Transferred from casd on 8/26/2019.] |
| Filing 18 REPLY to Response to Motion re #14 MOTION to Change Venue to the US District Court, Eastern District of California filed by Alex Padilla. (Stegeman, Chad) (ag). [Transferred from casd on 8/26/2019.] |
| Filing 17 RESPONSE in Opposition re #14 MOTION to Change Venue to the US District Court, Eastern District of California filed by Roque Rocky De La Fuente. (Attachments: #1 Exhibit #1, Defendant's Brief to California Supreme Court, #2 Affidavit Declaration of Roque Rocky De La Fuente, #3 Affidavit Declaration of Paul A. Rossi)(Rossi, Paul) (ag). [Transferred from casd on 8/26/2019.] |
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Filing 16
ORDER granting #15 Defendant's ex parte application for an Order shortening time. Signed by Judge William Q. Hayes on 8/14/2019. (jpp) [Transferred from casd on 8/26/2019.]
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| Filing 15 Ex Parte MOTION to Shorten Time on Motion to Transfer (ECF No. 14) by Alex Padilla. (Attachments: #1 Memo of Points and Authorities, #2 Declaration)(Stegeman, Chad) (jpp). [Transferred from casd on 8/26/2019.] |
| Filing 14 MOTION to Change Venue to the US District Court, Eastern District of California by Alex Padilla. (Attachments: #1 Declaration Declaration of Jay C. Russell)(Stegeman, Chad) (jpp). [Transferred from casd on 8/26/2019.] |
| Filing 13 NOTICE of Appearance of Chad A. Stegeman and Jay C. Russell by Chad Allen Stegeman on behalf of Alex Padilla (Stegeman, Chad)Attorney Chad Allen Stegeman added to party Alex Padilla(pty:dft) (jpp). [Transferred from casd on 8/26/2019.] |
| Filing 12 MINUTE ENTRY: The Court declines to transfer venue sua sponte. Any party seeking transfer of this action to a different venue must file a motion.(no document attached) (ag) [Transferred from casd on 8/26/2019.] |
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Filing 11
ORDER OF TRANSFER. This case is transferred from the calendar of the Honorable Nita L. Stormes, to the calendar of the Honorable Allison H. Goddard for all further proceedings. All pending dates including discovery deadlines, hearings, and conferences before Magistrate Judge Stormes, if any, remain unchanged until further order and are now set before Magistrate Allison H. Goddard. Any dates set before any district judge remain unchanged. The new case number is 19cv1433-WQH-AHG. Signed by Magistrate Judge Nita L. Stormes on 8/8/2019. Motions set before Allison H. Goddard.(ag) [Transferred from casd on 8/26/2019.]
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| Filing 10 NOTICE OF RELATED CASE(S) by Alex Padilla of case(s) Griffin v. Padilla, E.D. Cal. Case No. 2:19-cv-1477; Trump v. Padilla, et al., E.D. Cal. Case No. 2:19-cv-1501; Koenig v. Newsom, et al., E.D. Cal. Case No. 2:19-cv-1507; Melendez v. Newsom, et al., E.D. Cal. Case No. 2:19-cv-1506. (Stegeman, Chad) no proposed low number order issued; no related cases in this district (ag). [Transferred from casd on 8/26/2019.] |
| Filing 9 MINUTE ENTRY: Any opposition to Plaintiff's Motion for Emergency Preliminary Injunction (ECF No. #6 ) shall be filed by 8/26/19. Any reply shall be filed by 9/2/19. The Court will hear oral argument on Plaintiff's Motion on 9/17/19 at 9:30 AM in Courtroom 14B. (no document attached) (ag) [Transferred from casd on 8/26/2019.] |
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Filing 8
Minute Order by Judge Jeffrey T. Miller: Judge Miller recuses from case. Judge William Q. Hayes added to the case. Judge Jeffrey T. Miller is no longer assigned to case. The new case number is 19CV1433-WQH-NLS.(no document attached) (gac) [Transferred from casd on 8/26/2019.]
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| Filing 7 CERTIFICATE OF SERVICE by Roque Rocky De La Fuente re #1 Complaint, #6 Emergency MOTION for Preliminary Injunction , #2 Summons Issued (Rossi, Paul) (sjm). [Transferred from casd on 8/26/2019.] |
| Filing 6 Emergency MOTION for Preliminary Injunction by Roque Rocky De La Fuente. (Attachments: #1 Memo of Points and Authorities, #2 Proposed Order)(Rossi, Paul) *QC Mailer sent re: proposed orders* (mme). [Transferred from casd on 8/26/2019.] |
| Filing 5 PRO HAC APPROVED: Paul A. Rossi appearing for Plaintiff Roque Rocky De La Fuente (no document attached) (dsn) [Transferred from casd on 8/26/2019.] |
| Filing 4 Request to Appear Pro Hac Vice ( Filing fee received: $ 206 receipt number 0974-12785947.) (Application to be reviewed by Clerk.) (Rossi, Paul) (dsn) [Transferred from casd on 8/26/2019.] |
| Filing 3 MINUTE ORDER OF RECUSAL. Judge Thomas J. Whelan is no longer assigned. Case reassigned to Judge Jeffrey T. Miller for all further proceedings. The new case number is 19cv1433-JM-NLS.(no document attached) (jxv) (jao). [Transferred from casd on 8/26/2019.] |
| Filing 2 Summons Issued. Counsel receiving this notice electronically should print this summons and serve it in accordance with Rule 4, Fed.R.Civ.P and LR 4.1. (jxv) (jao). [Transferred from casd on 8/26/2019.] |
| Filing 1 COMPLAINT against Alex Padilla ( Filing fee $ 400 receipt number 0974-12774190.), filed by Roque Rocky De La Fuente. (Attachments: #1 Civil Cover Sheet)The new case number is 3:19-cv-01433-W. Judge Thomas J. Whelan is assigned to the case and Magistrate Judge Nita L. Stormes are assigned to the case. (Scudi, Morgan)(jxv) Modified on 7/30/2019 (jxv). (jao). [Transferred from casd on 8/26/2019.] |
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