State of Jefferson Court Case Timeline

Monday, May 08, 2017

COMPLAINT against Alex Padilla by all plaintiffs. (Filing fee $400.00, receipt number 0972-7052395) (Zerman, Gary)


Tuesday, May 09, 2017

SUMMONS RETURNED EXECUTED: Alex Padilla served on 5/9/2017. (Michel, G.)

SUMMONS RE-ISSUED as to *Alex Padilla* with answer to complaint due within *21* days. Attorney *Gary L. Zerman* *23935 Philbrook Avenue* *Valencia, CA 91354*. (Michel, G.)

CIVIL NEW CASE DOCUMENTS ISSUED; Initial Scheduling Conference SET for 9/14/2017 at 02:30 PM in Courtroom 3 (KJM) before District Judge Kimberly J. Mueller. (Michel, G.)

Thursday, May 11, 2017

PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by Citizens for Fair Representation for attorney Scott E. Stafne to appear Pro Hac Vice. (Filing fee $ 225, receipt number 0972-7057716)(Zerman, Gary)

Tuesday, May 16, 2017

PRO HAC VICE ORDER signed by District Judge Kimberly J. Mueller on 5/16/2017. ADDING attorney Scott E. Stafne, PHV for Citizens for Fair Representation. (Washington, S)

Tuesday, May 23, 2017

DECLINE to PROCEED BEFORE US MAGISTRATE JUDGE by Alex Padilla. Attorney Waters, George Michael added. (Waters, George)

Tuesday, May 30, 2017

MOTION to DISMISS by Alex Padilla. Motion Hearing set for 8/25/2017 at 10:00 AM in Courtroom 3 (KJM) before District Judge Kimberly J. Mueller. (Waters, George)

Wednesday, June 28, 2017

MINUTE ORDER issued by Courtroom Deputy C. Schultz for District Judge Kimberly J. Mueller: On the court's own motion, the Status (Pretrial Scheduling) Conference set for 9/14/2017 is VACATED and ADVANCED to 8/25/2017 at 10:00 AM in Courtroom 3 before District Judge Kimberly J. Mueller, with the filing of a joint status report due seven days prior. (Text Only Entry) (Schultz, C)

Friday, July 28, 2017

MOTION to AMEND the Complaint by Mark Baird, Steven Baird, California American Independent Party, California Libertarian Party, Kyle Carpenter, Win Carpenter, Citizens for Fair Representation, City of Fort Jones, John D'Agostini, David Garcia, Roy Hall, Jr., Leslie Lim, Kevin McGary, Terry Rapoza, Howard Thomas, Michael Thomas, Larry Wahl. Motion Hearing set for 8/25/2017 at 10:00 AM in cvbSACR Sacramento before District Judge Kimberly J. Mueller.(Zerman, Gary)

NOTICE of Requirement of Three Judge Court by Mark Baird, Steven Baird, California American Independent Party, California Libertarian Party, Kyle Carpenter, Win Carpenter, Citizens for Fair Representation, City of Fort Jones, John D'Agostini, David Garcia, Roy Hall, Jr., Leslie Lim, Kevin McGary, Terry Rapoza, Howard Thomas, Michael Thomas, Larry Wahl re MOTION to AMEND the Complaint. (Zerman, Gary)

Tuesday, August 01, 2017

OPPOSITION by Alex Padilla to Motion to Amend the Complaint. (Waters, George)

Wednesday, August 02, 2017

MINUTE ORDER issued by Courtroom Deputy A. Waldrop for District Judge Kimberly J. Mueller on 8/2/2017 : In light of plaintiff's complaint and notice of requirement of three judge court, (ECF Nos.1 ,12 ), the court has determined this case implicates 28 U.S.C. § 2284(a), providing for the convening of a three judge court. The court thereby DIRECTS the Clerk of Court to formally notify the Chief Judge of the Ninth Circuit of the pendency of this action, as 28 U.S.C. § 2284(b)(1) requires, so that he may appoint a three judge court. SO ORDERED. (TEXT ONLY ENTRY)(Waldrop, A)

Thursday, August 03, 2017

EX PARTE APPLICATION by Alex Padilla for ExParte Order Reconsidering Minute Order. (Waters, George)

Tuesday, August 08, 2017

OPPOSITION by Citizens for Fair Representation to Motion to Dismiss. (Zerman, Gary)

Thursday, August 10, 2017

MINUTE ORDER issued by Courtroom Deputy C. Schultz for District Judge Kimberly J. Mueller: On the court's own motion, the Status (Pretrial Scheduling) Conference set for 8/25/2017 is VACATED and RESET for 9/8/2017 at 10:00 AM in Courtroom 3 before District Judge Kimberly J. Mueller, with the filing of a joint status report due seven days prior. (Text Only Entry) (Schultz, C)

MINUTE ORDER issued by Courtroom Deputy C. Schultz for District Judge Kimberly J. Mueller. In light of defendant's ex parte request (ECF No.15 ) for reconsideration of this court's Minute Order (ECF No. 14), the court hereby SETS the motion for reconsideration for hearing on August 25, 2017 at 10:00 a.m., and ORDERS the following shortened briefing schedule on the request: Plaintiffs' opposition is due Monday, August 14, 2017 at 9:00 a.m.; defendants' reply, if any, is due Friday, August 18, 2017 at 9:00 a.m. Hearing on the motion to dismiss and motion to amend (ECF Nos.9 ,11 ) currently calendared for August 25 is CONTINUED to September 8, 2017 at 10:00 a.m., with any replies to oppositions to those motions now due by September 1, 2017 at noon. All hearings will be held in Courtroom 3 before District Judge Kimberly J. Mueller. (Text Only Entry) (Schultz, C)

Sunday, August 13, 2017

RESPONSE by Mark Baird, Steven Baird, California American Independent Party, California Libertarian Party, Kyle Carpenter, Win Carpenter, Citizens for Fair Representation, City of Fort Jones, John D'Agostini, David Garcia, Roy Hall, Jr., Leslie Lim, Marin County Green Party, Manuel Martinez, Kevin McGary, Katherine Radinovich, Terry Rapoza, Shasta National Indian Tribe, Patty Smith, Howard Thomas, Michael Thomas, Larry Wahl to Ex Parte Application for Reconsideration. Attorney Stafne, Scott E. added. (Stafne, Scott)

Friday, August 18, 2017

REPLY by Alex Padilla re15 Ex Parte Application for Reconsideration. (Waters, George)

Tuesday, August 22, 2017

REPLY by Mark Baird, Steven Baird, California American Independent Party, California Libertarian Party, Kyle Carpenter, Win Carpenter, Citizens for Fair Representation, City of Fort Jones, John D'Agostini, David Garcia, Roy Hall, Jr., Leslie Lim, Marin County Green Party, Manuel Martinez, Kevin McGary, Katherine Radinovich, Terry Rapoza, Shasta National Indian Tribe, Patty Smith, Howard Thomas, Michael Thomas, Larry Wahl to RESPONSE to Motion to Amend the Complaint. (Zerman, Gary)

Thursday, August 24, 2017

MINUTE ORDER issued by Courtroom Deputy C. Schultz for District Judge Kimberly J. Mueller: Upon consideration of the parties' filings relating to the question of whether a three judge court need be convened to resolve defendant's pending motion to dismiss and plaintiffs' pending motion to amend, the court has determined that it is premature to request the convening of such a court prior to this court's threshold determination of jurisdiction and justiciability. See Shapiro v. McManus, 136 S. Ct. 450, 455 (2015). Defendant's ex parte application for reconsideration (ECF15 ) is granted to the extent the direction to the Clerk of the Court at ECF 14 is WITHDRAWN until the court has resolved the pending motions. The August 25, 2017 hearing on the application for reconsideration is VACATED. (Text Only Entry) (Schultz, C)

Friday, August 25, 2017

MOTION for SANCTIONS by Mark Baird, Steven Baird, California American Independent Party, California Libertarian Party, Kyle Carpenter, Win Carpenter, Citizens for Fair Representation, City of Fort Jones, John D'Agostini, David Garcia, Roy Hall, Jr., Leslie Lim, Marin County Green Party, Manuel Martinez, Kevin McGary, Katherine Radinovich, Terry Rapoza, Shasta National Indian Tribe, Patty Smith, Howard Thomas, Michael Thomas, Larry Wahl. Motion Hearing set for 9/8/2017 at 10:00 AM in Courtroom 3 (KJM) before District Judge Kimberly J. Mueller.(Stafne, Scott)

Friday, September 01, 2017

DECLARATION of Scott Stafne in SUPPORT OF Motion to Amend the Complaint. (Zerman, Gary)

JOINT STATUS REPORT by Alex Padilla. (Waters, George)

REPLY by Alex Padilla to RESPONSE to Motion to Dismiss. (Waters, George)

Friday, September 08, 2017

MINUTES for MOTION HEARING and STATUS (PRETRIAL SCHEDULING) CONFERENCE held before District Judge Kimberly J. Mueller on 9/8/2017. Plaintiffs' Counsel, Scott Stafne and Gary Zerman, present. Some of the named plaintiffs also present, but were not introduced by counsel. Defendant's Counsel, George Waters, present. The court advised the parties it is not prepared to issue a complete scheduling order until preliminary matters are resolved. The court clarified why this case it not currently before a three judge panel. After discussion with the parties, the court advised the parties that it is not inclined to address the merits of the pending Motion to Dismiss (ECF No.9 ), but rather inclined to allow for further amendment in light of the early stage of the proceedings in this case. After discussion with the parties, the court took the matter under submission with a written order to issue granting leave to amend. The forthcoming order will clarify the limits of any amendment. Court Reporter: Cathie Bodene. (Text Only Entry) (Schultz, C)

Thursday, September 14, 2017

TRANSCRIPT REQUEST by Mark Baird, Steven Baird, California American Independent Party, California Libertarian Party, Kyle Carpenter, Win Carpenter, Citizens for Fair Representation, City of Fort Jones, John D'Agostini, David Garcia, Roy Hall, Jr., Leslie Lim, Marin County Green Party, Manuel Martinez, Kevin McGary, Katherine Radinovich, Terry Rapoza, Shasta National Indian Tribe, Patty Smith, Howard Thomas, Michael Thomas, Larry Wahl for proceedings held on 9/7/2017 before Judge Kimberly Mueller. Court Reporter Cathie Bodene. (Zerman, Gary)

Friday, September 29, 2017

TRANSCRIPT of Proceedings held on September 8, 2017, Re: Motion Hearing, before District Judge Kimberly J. Mueller, filed by Court Reporter Cathie Bodene, Phone number 916-446-6360 E-mail [email protected]. 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 Court Reporter Cathie Bodene or PACER. Any Notice of Intent to Request Redaction must be filed within 5 court days. Redaction Request due 10/20/2017. Redacted Transcript Deadline set for 10/30/2017. Release of Transcript Restriction set for 12/29/2017. (Bodene, C)

Tuesday, October 03, 2017

TRANSCRIPT REQUEST by Alex Padilla for proceedings held on 9/8/17 before Judge Kimberly J. Mueller. Court Reporter Cathie Bodene. (Waters, George)

Thursday, December 14, 2017

NOTICE Of Events Occurring Since September 8, 2017 Oral Argument by All Plaintiffs re Notice - Other, Opposition to Motion, Motion to Amend the Complaint, MOTION for SANCTIONS ,  Motion Hearing,,,,, Scheduling Conference,,,,, Terminate Deadlines and Hearings,,,,, Order on Motion to Dismiss,,,,, Order on Motion to Amend the Complaint,,,,.(Stafne, Scott)


Thursday, February 01, 2018

ORDER signed by District Judge Kimberly J. Mueller on 1/31/2018 ORDERING the Plaintiffs' complaint, as currently articulated, asserts a generalized grievance that does not establish standing to sue in federal court. The complaint is also fraught with non-justiciable political questions. Accordingly, the court DISMISSES the complaint under Rule 12(b)(1) based on lack of subject-matter jurisdiction, but GRANTS plaintiffs leave to amend the complaint subject to the limitations discussed above. The amended complaint, limited to twenty-five pages, shall be filed within twenty-one days. Because a single-judge court lacks the authority to dismiss this case on the merits under Rule 12(b)(6), Shapiro, 136 S. Ct. at 455-56, the court DENIES without prejudice defendant's motion to dismiss under Rule 12(b)(6), subject to renewal should this case proceed before a three-judge court at some point in the future. The court DENIES as MOOT plaintiffs' motion for sanctions. This resolves ECF Nos. 9, 11, 23. (Becknal, R)

Tuesday, February 06, 2018

EX PARTE APPLICATION by Mark Baird, Steven Baird, California American Independent Party, California Libertarian Party, Kyle Carpenter, Win Carpenter, Citizens for Fair Representation, City of Fort Jones, John D'Agostini, David Garcia, Roy Hall, Jr., Leslie Lim, Marin County Green Party, Manuel Martinez, Kevin McGary, Katherine Radinovich, Terry Rapoza, Shasta National Indian Tribe, Patty Smith, Howard Thomas, Michael Thomas, Larry Wahl for Extension of time to file second amended complaint. (Stafne, Scott)

Monday, February 12, 2018

MINUTE ORDER issued by Courtroom Deputy C. Schultz for District Judge Kimberly J. Mueller: The court has received plaintiffs' ex parte application. ECF No.33 . Plaintiffs have represented defendant's counsel "advised that he does not oppose" plaintiffs' request for an extension of time to file their First Amended Complaint. Id. at 2. If defendant intends to object or respond, defendant may do so within 72 hours. (Text Only Entry) (Schultz, C)