Issa et al v. Newsom et al
| Darrell Issa, Jerry Griffin, Michael Sienkiewicz, James B. Oerding and Michelle Bolotin |
| Alex Padilla and Gavin Newsom |
| American Civil Liberties Union of Northern California, American Civil Liberties Union of Southern California, Public Interest Legal Foundation and American Civil Liberties Union of San Diego and Imperial Counties |
| California LULAC |
| Democratic Party of California, Community Coalition, Democratic Congressional Campaign Committee, California Common Cause, LULAC and League of Women Voters of California |
| 2:2020cv01044 |
| May 21, 2020 |
| US District Court for the Eastern District of California |
| Carolyn K Delaney |
| Morrison C England |
| Civil Rights: Voting |
| 42 U.S.C. § 1983 |
| None |
Docket Report
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This docket was last retrieved on July 9, 2020. A more recent docket listing may be available from PACER.
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Filing 65
ORDER OF DISMISSAL signed by Senior Judge Morrison C. England, Jr on 7/9/2020. In consideration of Plaintiffs' Notice of Voluntary Dismissal, Plaintiffs Darrell Issa, Jerry Griffin, Michelle Bolotin, Michael Sienkiewicz, and James B. Oerding's complaint is hereby DISMISSED in its entirety under Federal Rule of Civil Procedure 41(a)(1)(A). The parties shall bear their own attorneys' fees, expenses, and costs, and the Clerk of the Court is directed to close the case. CASE CLOSED(Becknal, R)
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| Filing 64 NOTICE of VOLUNTARY DISMISSAL by Michelle Bolotin, Jerry Griffin, Darrell Issa, James B. Oerding, Michael Sienkiewicz. (Nobile, T.) |
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Filing 63
ORDER signed by Senior Judge Morrison C. England, Jr. on 7/7/2020 GRANTING #61 Motion for Leave to File Amicus Curiae Briefs. ACLU-CA shall file their amicus briefs no later than Thursday, 7/23/2020, and the briefs shall not exceed ten (10) pages. The parties' responses, if any, to the amicus briefs shall be filed not later than seven (7) days after the amicus briefs are filed and shall not exceed ten (10) pages. No reply will be permitted. (Zignago, K.)
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| Filing 62 AMICUS BRIEF in Support of #38 Motion for Preliminary Injunction filed by California Common Cause, Community Coalition, League of Women Voters of California. (Libby, John) Modified on 7/8/2020 (Mena-Sanchez, L). |
| Filing 61 MOTION Leave to File Amicus Curiae Brief by American Civil Liberties Union of Northern California, American Civil Liberties Union of Southern California, American Civil Liberties Union of San Diego and Imperial Counties. Attorney Cooper, Monte M.F. added. (Attachments: #1 Proposed Order)(Cooper, Monte) |
| Filing 60 DECLARATION of Jonathan P. Hawley re #58 Opposition to Motion. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(Hawley, Jonathan) Modified on 6/26/2020 (Zignago, K.). |
| Filing 59 OPPOSITION by Gavin Newsom, Alex Padilla to #38 Motion for Preliminary Injunction. (Attachments: #1 Declaration of John Killeen, #2 Declaration of Jana Lean, #3 Declaration of Dr. James Watt, #4 Request for Judicial Notice)(Killeen, John) |
| Filing 58 OPPOSITION by Democratic Congressional Campaign Committee, Democratic Party of California to #38 Motion for Preliminary Injunction. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(Hawley, Jonathan) Modified on 6/26/2020 (Zignago, K.). |
| Filing 57 AMICUS CURIAE BRIEF filed by Public Interest Legal Foundation. (Attachments: #1 Exhibit A)(Eastman, John) Modified on 6/24/2020 (Zignago, K.). |
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Filing 56
ORDER signed by Senior Judge Morrison C. England, Jr. on 6/22/2020 DENYING #33 and #41 Motions to Intervene. Common Cause and LULAC may, but are not required to, file amicus briefs within 14 days following the date this Order is electronically filed. The parties' responses, if any, to the amicus briefs shall be filed not later than 7 days after the amicus briefs are filed. No reply will be permitted. (Huang, H) Modified on 6/23/2020 (Huang, H).
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Filing 55
ORDER signed by Senior Judge Morrison C. England, Jr on 6/19/2020 GRANTING #39 Motion for Leave to File Amicus Curiae Briefs. PILF's Proposed Amicus Brief is to be filed within 2 days of the date of this order with the parties' Response due within 14 days of this order. (Coll, A)
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| Filing 54 NOTICE OF NEW AUTHORITY by Gavin Newsom, Alex Padilla. (Killeen, John) |
| Filing 53 REPLY by California LULAC, LULAC to RESPONSE to #41 Motion to Intervene,. (Dunn, PHV, Chad) |
| Filing 52 NOTICE of APPEARANCE by Pooja Chaudhuri on behalf of California Common Cause, Community Coalition, League of Women Voters of California. Attorney Chaudhuri, Pooja added. (Chaudhuri, Pooja) |
| Filing 51 NOTICE of APPEARANCE by Mark D. Rosenbaum on behalf of California Common Cause, Community Coalition, League of Women Voters of California. Attorney Rosenbaum, Mark D. added. (Rosenbaum, Mark) |
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Filing 50
PRO HAC VICE ORDER signed by Senior Judge Morrison C. England, Jr. on 6/18/2020 ADDING attorney Chad Wilson Dunn, PHV for California LULAC, LULAC. (Huang, H)
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| Filing 49 NOTICE of APPEARANCE by Kathryn Ann Eidmann on behalf of California Common Cause, Community Coalition, League of Women Voters of California. Attorney Eidmann, Kathryn Ann added. (Eidmann, Kathryn) |
| Filing 48 NOTICE of APPEARANCE by Jesselyn Kate Friley on behalf of California Common Cause, Community Coalition, League of Women Voters of California. Attorney Friley, Jesselyn Kate added. (Friley, Jesselyn) |
| Filing 47 NOTICE of APPEARANCE by Jay Craig Russell on behalf of Gavin Newsom, Alex Padilla. Attorney Russell, Jay Craig added. (Russell, Jay) |
| Filing 46 REPLY in SUPPORT of #33 Motion to Intervene by California Common Cause, Community Coalition, League of Women Voters of California. (Attachments: #1 Exhibit A-Corrected Answer)(Libby, John) Modified on 6/18/2020 (York, M). |
| Filing 45 OPPOSITION by Michelle Bolotin, Jerry Griffin, Darrell Issa, James B. Oerding, Michael Sienkiewicz to #41 Motion to Intervene. (Nobile, T.) |
| Filing 44 OPPOSITION by Michelle Bolotin, Jerry Griffin, Darrell Issa, James B. Oerding, Michael Sienkiewicz to #33 Motion to Intervene. (Nobile, T.) |
| Filing 43 PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by California LULAC, LULAC for attorney Chad Wilson Dunn to appear Pro Hac Vice. (Filing fee $225, receipt number 0972-8940327) (Attachments: #1 Certificate of Good Standing)(Diaz, Sonja) |
| Filing 42 MINUTE ORDER (Text Only) issued by courtroom deputy for Senior District Judge, Morrison C. England, Jr.: The Court has reviewed the Motion to Intervene as Defendants by LULAC #41 . Accordingly, any responses to this Motion shall be filed no later than Wednesday, June 17, and LULAC's reply shall be filed no later than Friday, June 19, 2020. The July 9, 2020 hearing on the Motion is vacated and submitted without appearance and argument. If the Court determines that oral argument is needed it will be scheduled at a later date. (Deutsch, S) |
| Filing 41 MOTION to INTERVENE as DEFENDANTS by LULAC, California LULAC. Motion Hearing set for 7/9/2020 at 02:00 PM in Courtroom 7 (MCE) before Senior Judge Morrison C. England Jr. (Attachments: #1 Proposed Order) (Diaz, Sonja) Modified on 6/15/2020 (York, M). |
| Filing 40 MINUTE ORDER (Text Only) issued by courtroom deputy for Senior District Judge, Morrison C. England, Jr.: The Court has reviewed the Public Interest Legal Foundation's Motion for Leave to File Amicus Curiae Brief. Accordingly, any responses to this motion shall be filed no later than Tuesday, June 16, 2020. The June 19, 2020 hearing on this Motion is vacated and submitted without appearance and argument. If the Court determines that oral argument is needed it will be scheduled at a later date. (Deutsch, S) |
| Filing 39 MOTION for LEAVE to FILE AMICUS BRIEF by Public Interest Legal Foundation. Attorney Eastman, John C added. Motion Hearing set for 6/19/2020 at 09:00 AM before Senior Judge Morrison C. England Jr. (Attachments: #1 Proposed Amicus Brief, #2 Exhibit A)(Eastman, John) |
| Filing 38 MOTION for PRELIMINARY INJUNCTION by Michelle Bolotin, Jerry Griffin, Darrell Issa, James B. Oerding, Michael Sienkiewicz. Motion Hearing set for 7/16/2020 at 10:00 AM in Chambers before Senior Judge Morrison C. England Jr.. (Attachments: #1 Memorandum in Support, #2 Exhibit 1 Declaration by Robert D. Popper, #3 Exhibit 2 Executive Order N-64-20, #4 Exhibit 3 California Officials Demand Changes to L.A. Voting After Election Day Chaos, L.A. Times, 3/5/20, #5 Exhibit 4 California Steals Its Own Elections The Wall Street Journal, 3/6/20, #6 Exhibit 5 Governor Newsoms Emergency Proclamation, #7 Exhibit 6 Executive Order N-67-20, #8 Exhibit 7 California Lawmaker Scrambles to Fix Bill to Make it Clear Ballots Wont Go to Phantom Voters, S.F. Chronicle, 6/4/20, #9 Exhibit 8 Logan Settlement Agreement, Judicial Watch, Inc., et al., v. Logan, et al., Case No. 2:17-cv-8948 (C.D. Cal. 2017), #10 Exhibit 9 1998 Stipulated Order, Wilson v. U.S. et al., Nos. C-95-20042-JW and C-94-20860-JW (N.D. Cal. Feb. 2, 1998), #11 Exhibit 10 Signature Verification and Mail Ballots: Guaranteeing Access While Preserving Integrity, Stanford Law School and Policy Lab, May 15, 2020.)(Nobile, T.) |
| Filing 37 MINUTE ORDER (Text Only) issued by courtroom deputy for Senior District Judge, Morrison C. England, Jr.: The Court has reviewed the Proposed Intervenor-Defendants' Motion to Shorten Time for Briefing Schedule and the Issa Plaintiffs' Opposition. Accordingly, any responses to the Motion to Intervene as Defendants shall be filed no later than Monday, June 15, 2020, and the Proposed Intervenor-Defendants replies shall be filed no later than Wednesday, June 17, 2020. The July 9, 2020 hearing on the Motion to Intervene as Defendants is vacated and submitted without appearance and argument. If the Court determines that oral argument is needed it will be scheduled at a later date. (Deutsch, S) |
| Filing 36 OPPOSITION by Michelle Bolotin, Jerry Griffin, Darrell Issa, James B. Oerding, Michael Sienkiewicz to #34 Motion to Shorten Time. (Nobile, T.) |
| Filing 35 NOTICE of APPEARANCE by Jon M. Greenbaum on behalf of California Common Cause, Community Coalition, League of Women Voters of California. Attorney Greenbaum, Jon M. added. (Greenbaum, Jon) |
| Filing 34 MOTION to SHORTEN TIME for Briefing Schedule by California Common Cause, Community Coalition, League of Women Voters of California. (Attachments: #1 Proposed Order)(Libby, John) |
| Filing 33 MOTION to INTERVENE as Defendants by California Common Cause, League of Women Voters of California, Community Coalition. Attorney Libby, John F. added. Motion Hearing set for 7/9/2020 at 02:00 PM in Courtroom 7 (MCE) before Senior Judge Morrison C. England Jr.. (Attachments: #1 Proposed Answer, #2 Declaration of California Common Cause, #3 Declaration of League of Women Voters of California, #4 Declaration of Community Coalition, #5 Declaration of Ranit Mishor, #6 Proposed Order)(Libby, John) |
| Filing 32 CLERK'S NOTICE of DOCKET CORRECTION as to ECF No. 24. AMENDED MINUTE ORDER (Text Only) issued by courtroom deputy for Senior District Judge, Morrison C. England, Jr.: The following Amended Minute Order amends and supersedes the Minute Order issued at ECF No. 24. On the Court's own motion, the July 16, 2020 joint hearing on Plaintiffs' Motions for Preliminary Injunction in the matters of Issa et al. v. Newsom et al., 2:20-cv-01044-MCE-CKD, and Republican National Committee et al. v. Newsom et al., 2:20-cv-01055-MCE-CKD, is ADVANCED to 10:00 am and will be conducted via videoconference. The Courtroom Deputy will email counsel with specific instructions. The previously imposed briefing schedule set forth in the Court's June 2, 2020 Minute Order is CONFIRMED. Given that the hearing will be conducted by videoconference, not later than seven (7) days prior to the hearing (or any continued hearing date where remote appearances will be necessary) counsel shall file a notice confirming receipt of the Court's instructions and consenting to appear based on the directives therein. Failure to timely comply with this directive may result in the continuance of this hearing on the Court's own motion and upon no further notice to the parties. (Deutsch, S) Modified on 6/10/2020 (Deutsch, S). |
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Filing 31
MEMORANDUM and ORDER signed by Senior Judge Morrison C. England, Jr. on 6/10/2020 GRANTING #12 Motion to Intervene. The deadline for the Proposed Intervenors to answer or otherwise respond to the Complaints shall be the same as the deadline, or any continued deadline, set for Defendants to answer or otherwise respond. (Zignago, K.)
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Filing 30
STIPULATION and ORDER signed by Senior Judge Morrison C. England, Jr. on 6/10/2020 ORDERING that time for Defendants to answer or otherwise respond to the complaint is EXTENDED until two weeks after the Court's decision on Plaintiffs' motion for preliminary injunction. (Zignago, K.)
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Filing 29
PRO HAC VICE ORDER signed by Senior Judge Morrison C. England, Jr. on 6/10/2020 ORDERING attorney Courtney A. Elgart added for Democratic Congressional Campaign Committee and Democratic Party of California. (Zignago, K.)
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Filing 28
PRO HAC VICE ORDER signed by Senior Judge Morrison C. England, Jr. on 6/10/2020 ORDERING attorney Henry James Brewster added for Democratic Congressional Campaign Committee and Democratic Party of California. (Zignago, K.)
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Filing 27
PRO HAC VICE ORDER signed by Senior Judge Morrison C. England, Jr. on 6/10/2020 ORDERING attorney Marc E. Elias added for Democratic Congressional Campaign Committee and Democratic Party of California. (Zignago, K.)
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Filing 26
PRO HAC VICE ORDER signed by Senior Judge Morrison C. England, Jr. on 6/10/2020 ORDERING attorney Abha Khanna for Democratic Congressional Campaign Committee and Democratic Party of California. (Zignago, K.)
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| Filing 25 MINUTE ORDER (Text Only) issued by courtroom deputy for Senior District Judge, Morrison C. England, Jr.: On the Court's own motion and pursuant to Local Rule 230(g), the July 9, 2020 hearing on the Motion to Intervene #12 is vacated and submitted without appearance and argument. The opposition or statement of non-opposition and reply due dates shall be filed in accordance with the original motion hearing date. If the Court determines that oral argument is needed it will be scheduled at a later date. Any outstanding request for telephonic appearance is denied as moot. (Deutsch, S) |
| Filing 24 [DISREGARD - DOCKETED IN ERROR. SEE ECF NO. 32] MINUTE ORDER (Text Only) issued by courtroom deputy for Senior District Judge, Morrison C. England, Jr.: On the Court's own motion, the July 16, 2020 joint hearing on Plaintiffs' Motions for Preliminary Injunction in the matters of Issa et al. v. Newsom et al., 2:20-cv-01044-MCE-CKD, and Republican National Committee et al. v. Newsom et al., 2:20-cv-01055-MCE-CKD, is ADVANCED to 10:00 am and will be conducted via videoconference. The previously imposed briefing schedule set forth in the Court's June 2, 2020 Minute Order is CONFIRMED. Given the hearing will be conducted by videoconference, not later than seven (7) days prior to the hearing (or any continued hearing date where remote appearances will be necessary) the parties are directed to file with the Court: (1) a waiver of the appearing party's personal appearance signed by the party; and (2) a proposed order addressing the same. If the parties fail to timely comply with this order, the matter may be continued on the Court's own motion without further notice. (Deutsch, S) Modified on 6/10/2020 (Deutsch, S). |
| Filing 23 REPLY by Democratic Congressional Campaign Committee, Democratic Party of California re #12 Motion to Intervene,. (Hawley, Jonathan) |
| Filing 22 PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by Democratic Congressional Campaign Committee, Democratic Party of California for attorney Courtney Elgart to appear Pro Hac Vice. (Filing fee $ 225, receipt number 0972-8928424) (Attachments: #1 Certificate of Good Standing)(Hawley, Jonathan) |
| Filing 21 PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by Democratic Congressional Campaign Committee, Democratic Party of California for attorney Henry Brewster to appear Pro Hac Vice. (Filing fee $ 225, receipt number 0972-8928408) (Attachments: #1 Certificate of Good Standing)(Hawley, Jonathan) |
| Filing 20 PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by Democratic Congressional Campaign Committee, Democratic Party of California for attorney Marc Elias to appear Pro Hac Vice. (Filing fee $ 225, receipt number 0972-8928390) (Attachments: #1 Certificate of Good Standing)(Hawley, Jonathan) |
| Filing 19 PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by Democratic Congressional Campaign Committee, Democratic Party of California for attorney Abha Khanna to appear Pro Hac Vice. (Filing fee $ 225, receipt number 0972-8928354) (Attachments: #1 Certificate of Good Standing)(Hawley, Jonathan) |
| Filing 18 SUMMONS RETURNED EXECUTED: Gavin Newsom served on 5/26/2020, answer due 6/16/2020; Alex Padilla served on 5/26/2020, answer due 6/16/2020. (Attachments: #1 Exhibit Gavin Newsom, #2 Exhibit Alex Padilla, #3 Exhibit Attorney General)(Sticht, Robert) |
| Filing 17 OPPOSITION by Plaintiffs to #12 Motion to Intervene. (Nobile, T.) |
| Filing 16 STIPULATION and PROPOSED ORDER for an extension of time for Defendants' Response to the Complaint by Gavin Newsom, Alex Padilla. Attorney Killeen, John William added. (Killeen, John) |
| Filing 15 NOTICE of APPEARANCE by Jonathan Patrick Hawley on behalf of Democratic Congressional Campaign Committee, Democratic Party of California. (Hawley, Jonathan) |
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Filing 14
STIPULATION and ORDER signed by Senior Judge Morrison C. England, Jr. on 6/4/2020 ORDERING any responses to Proposed Intervenors' Motion to Intervene as Defendants shall be filed on or before Friday, 6/5/2020. Proposed Intervenors shall file a reply on or before Monday, 6/8/2020. (Zignago, K.)
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| Filing 13 REQUEST for Expedited Briefing Schedule by Democratic Congressional Campaign Committee, Democratic Party of California re #12 MOTION to INTERVENE. (Hawley, Jonathan) Modified on 6/4/2020 (Kastilahn, A). |
| Filing 12 MOTION to INTERVENE as DEFENDANTS by Democratic Congressional Campaign Committee, Democratic Party of California. Attorney Hawley, Jonathan Patrick added. Motion Hearing set for 7/9/2020 at 02:00 PM in Courtroom 7 (MCE) before Senior Judge Morrison C. England Jr.. (Attachments: #1 Proposed Order, #2 Exhibit)(Hawley, Jonathan) |
| Filing 11 MINUTE ORDER (Text Only) issued by courtroom deputy for Senior District Judge, Morrison C. England, Jr.: The Court has reviewed the Complaints filed in Issa et al. v. Newsom et al., 2:20-cv-01044-MCE-CKD, and Republican National Committee et al. v. Newsom et al., 2:20-cv-01055-MCE-CKD. After a review of the dockets and on the Court's own motion, the following briefing schedule is ordered in both cases: Plaintiffs' Motions for Preliminary Injunction shall be filed on or before June 11, 2020, Defendants' Oppositions shall be filed on or before June 25, 2020, and Plaintiffs' Replies shall be filed on or before July 9, 2020. Request(s) for Sur-replies will not be considered. A joint hearing on Plaintiffs' Motions for Preliminary Injunction will be conducted by videoconference on July 16, 2020, at 2:00 p.m. The Court places a page limit for points and authorities (exclusive of exhibits and other supporting documentation) of twenty (20) pages on all initial moving papers, twenty (20) pages on oppositions, and ten (10) pages for replies. All requests for page limit increases must be made in writing with a proposed order setting forth any and all reasons for any increase in page limit at least seven (7) days prior to the filing of the motion. (Deutsch, S) |
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Filing 10
PRO HAC VICE ORDER signed by Senior Judge Morrison C. England, Jr., on 5/29/2020 ADDING Attorney T. Russell Nobile, PHV for Plaintiffs. (Kastilahn, A)
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Filing 9
PRO HAC VICE ORDER signed by Senior Judge Morrison C. England, Jr., on 5/29/2020 ADDING Attorney Robert D. Popper, PHV for Plaintiffs. (Kastilahn, A)
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| Filing 8 PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by All Plaintiffs for attorney T. Russell Nobile to appear Pro Hac Vice. (Filing fee $ 225, receipt number 0972-8909331) (Attachments: #1 Certificate of Good Standing)(Lee, Eric) Modified on 5/28/2020 (Huang, H). |
| Filing 7 PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by All Plaintiffs for attorney Robert D. Popper to appear Pro Hac Vice. (Filing fee $ 225, receipt number 0972-8909283) (Attachments: #1 Certificate of Good Standing)(Lee, Eric) Modified on 5/28/2020 (Huang, H). |
| Filing 6 NOTICE of APPEARANCE by Eric W. Lee on behalf of All Plaintiffs. Attorney Lee, Eric W. added. (Lee, Eric) Modified on 5/28/2020 (Huang, H). |
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Filing 5
ORDER signed by Senior Judge Morrison C. England, Jr on 5/26/2020 REASSIGNING CASE 2:20-cv-1055-KJM-CKD to Senior Judge Morrison C. England, Jr for all further proceedings and RELATING CASES 2:20-cv-1055-MCE-CKD and 2:20-cv-1044-MCE-CKD. New Case Number: 2:20-cv-1055-MCE-CKD. (Coll, A)
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| Filing 4 NOTICE of RELATED CASE(S) 2:20-at-00509 by Michelle Bolotin, Jerry Griffin, Darrell Issa, James B. Oerding, Michael Sienkiewicz. (Sticht, Robert) |
| Filing 3 CIVIL NEW CASE DOCUMENTS ISSUED; (Attachments: #1 Consent Form, #2 VDRP) (Benson, A.) |
| Filing 2 SUMMONS ISSUED as to *Gavin Newsom, Alex Padilla* with answer to complaint due within *21* days. Attorney *Robert Patrick Sticht* *Judicial Watch, Inc.* *425 Third Street SW, Suite* *Washington, DC 20024*. (Benson, A.) |
| Filing 1 COMPLAINT by all plaintiffs against all defendants. Attorney Sticht, Robert Patrick added. (Filing fee $ 400, receipt number 0972-8902326) (Attachments: #1 Exhibit Proclamation of State of Emergency, #2 Exhibit Executive Order N-64-20, #3 Civil Cover Sheet)(Sticht, Robert) |
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