Dicey v. Smith

Filing 14

CERTIFICATION THAT THE CONSTITUTIONALITY OF STATUTES ARE CHALLENGED; AND ORDER CONTINUING HEARINGS AND CASE-MANAGEMENT CONFERENCE signed by Judge Garland E. Burrell, Jr on 11/20/12 ORDERING to ensure that the Attorney General receives this certificat ion, the Clerk of Court shall serve a copy of this certification on the Attorney General under Federal Rule of Civil Procedure 5.1(a)(2), which is applicable to such service by a party, as follows: "either by certified or registered mail or by s ending it to an electronic address designated by the attorney general for this purpose; and Further, the hearing on each Defendant's motion for compulsory joinder scheduled to commence at 9:00 a.m. on December 3, 2012, is continued to February 2 5, 2013 commencing at 9:00 a.m. The hearing on Plaintiff's motions for judgments on the pleadings scheduled to commence at 9:00 a.m. on December 3, 2012, is continued to June 3, 2013,commencing at 9:00 a.m. Lastly, the Status Conference scheduled in each above action is continued to August 5, 2013, commencing at 9:00 a.m; a joint status report shall be filed fourteen days before this hearing. (cc: Attorney General)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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Robert RAYMOND,
Plaintiff,

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v.
Barbara HOWARD, Sheldon D.
Johnson, Jim McCauley, Kammi
Foote, Lee Lundigran, Ken Baird,
Sheryl Thur, Austin Erdman,
Kathy Darling Allen, Beverly
Ross, Freddie Oakley, and
Kathleen Williams,
Defendants.

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________________________________

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2:12-cv-02215-GEB-EFB and
related cases:
2:12-cv-02217-GEB-EFB
2:12-cv-02219-GEB-EFB
2:12-cv-01407-GEB-EFB
2:12-cv-01408-GEB-EFB
2:12-cv-01412-GEB-EFB
2:12-cv-02220-GEB-EFB
2:12-cv-02221-GEB-EFB
2:12-cv-02222-GEB-EFB
2:12-cv-02223-GEB-EFB
2:12-cv-02225-GEB-EFB
2:12-cv-02259-GEB-EFB
CERTIFICATION THAT THE
CONSTITUTIONALITY OF STATUTES
ARE CHALLENGED; AND ORDER
CONTINUING HEARINGS AND CASEMANAGEMENT CONFERENCE

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The undersigned United States District Judge certifies under

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28 U.S.C. § 2403(b) to the Attorney General of the State of California,

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THE HONORABLE KAMALA D. HARRIS, that Plaintiff challenges in each above

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action the constitutionality of California Election Code §§ 102, 104,

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and 9022. Plaintiff sues various county-clerk registrars, alleging that

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these statutes are unconstitutional under the First and Fourteenth

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Amendments to the United States Constitution “to the extent the statutes

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require those who circulate nominating petitions on behalf of political

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candidates to be qualified to vote in the [S]tate of California.”

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(Compl. ¶ 2, ECF No. 2.)

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28 U.S.C. § 2403(b) prescribes:

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In any action . . . in a court of the United States to which
a State or any agency, officer, or employee thereof is not a
party, wherein the constitutionality of any statute of that
State affecting the public interest is drawn in question, the

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court shall certify such fact to the attorney general of the
State, and shall permit the State to intervene for
presentation of evidence . . . and for argument on the
question of constitutionality.

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Further, to ensure that the Attorney General receives this

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certification,

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certification on the Attorney General under Federal Rule of Civil

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Procedure 5.1(a)(2), which is applicable to such service by a party, as

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follows: “either by certified or registered mail or by sending it to an

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electronic address designated by the attorney general for this purpose.”

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Further, the hearing on each Defendant’s motion for compulsory

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joinder scheduled to commence at 9:00 a.m. on December 3, 2012, is

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continued to February 25, 2013 commencing at 9:00 a.m. The hearing on

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Plaintiff’s motions for judgments on the pleadings scheduled to commence

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at 9:00 a.m. on December 3, 2012, is continued to June 3, 2013,

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commencing at 9:00 a.m. Lastly, the Status Conference scheduled in each

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above action is continued to August 5, 2013, commencing at 9:00 a.m; a

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joint status report shall be filed fourteen days before this hearing.

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Dated:

the

Clerk

of

Court

shall

serve

a

copy

of

November 20, 2012

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GARLAND E. BURRELL, JR.
Senior United States District Judge

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this