Citizens for Fair Representation, et al. v. Padilla
| California Eastern District Court | |
| Judge: | Kimberly J Mueller |
| Referred: | Craig M Kellison |
| Case #: | 2:17-cv-00973 |
| Nature of Suit | 441 Civil Rights - Voting |
| Cause | 28:1331 Federal Question: Other Civil Rights |
| Case Filed: | May 08, 2017 |
| Terminated: | Nov 29, 2018 |
| Last checked: Saturday Nov 04, 2017 2:18 AM PDT |
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Defendant
Alex Padilla
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Plaintiff
Larry Wahl
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Plaintiff
Michael Thomas
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Plaintiff
Howard Thomas
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Plaintiff
Patty Smith
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Plaintiff
Shasta National Indian Tribe
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Plaintiff
Terry Rapoza
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Plaintiff
Katherine Radinovich
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Plaintiff
Kevin McGary
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Plaintiff
Manuel Martinez
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Plaintiff
Marin County Green Party
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Plaintiff
Leslie Lim
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Plaintiff
Roy Hall, Jr.
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Plaintiff
David Garcia
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Plaintiff
John D'Agostini
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Plaintiff
City of Fort Jones
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Plaintiff
Citizens for Fair Representation
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Plaintiff
Win Carpenter
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Plaintiff
Kyle Carpenter
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Plaintiff
California Libertarian Party
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Plaintiff
California American Independent Party
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Plaintiff
Steven Baird
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Plaintiff
Mark Baird
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GPO
Feb 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) |
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GPO
Aug 01 2018
ORDER signed by District Judge Kimberly J. Mueller on 8/1/2018 DENYING without prejudice 43 Motion to convene a three-judge court. (York, M) |
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GPO
Aug 01 2018
ORDER signed by District Judge Kimberly J. Mueller on 8/1/2018 DENYING 53 ex parte request to file additional briefing and DENYING 59 Request for Stay. (York, M) |
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GPO
Nov 29 2018
ORDER signed by District Judge Kimberly J. Mueller on 11/28/2018 GRANTING 42 Motion to Dismiss. The Court DISMISSED the complaint for lack of subject matter jurisdiction without leave to amend. CASE CLOSED (Washington, S) |
| Docket last updated: 6 hours ago |
| Tuesday, June 09, 2020 | ||
| 73 | 73
appeal
USCA Order/Mandate/Memo
Tue 06/09 2:35 PM
USCA MANDATE AFFIRMING The decision of the District Court re69 Notice of Appeal. (Mena-Sanchez, L) |
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