Case: California Democratic Party v. Jones

COMPLAINT before Honorable David F. Levi referred to Magistrate Judge Peter A. Nowinski Summons issued fee status paid Receipt # 175789 Notice regarding Consent forms (ch) (Entered: 11/22/1996)

ORDER setting scheduling conference for <date not set> before Honorable David F. Levi (cc: all counsel) (ch) (Entered: 11/22/1996)

RETURN OF SERVICE executed upon defendant Bill Jones on 11/22/96 (old) (Entered: 11/25/1996)

ANSWER of Secretary of State by dft Bill Jones to complaint for declaratory and injunctive relief (ljr) (Entered: 12/17/1996)

JOINT STATUS REPORT by pltf and dft (ch) (Entered: 01/06/1997)

NOTICE: from Court SETTING scheduling conference for 11:00am on 1/31/97 before DFL ; This conference will not allow itself to a conference call, therefore, a personal appearance will be required by counsel (old) (Entered: 01/17/1997)

LODGED Stipulation and Order to intervene by intervenors California Republican Party Michael Schoeder, Shawn Steel, and Donna Shalansky (old)

LODGED stipulation and proposed order for intervenor Californians for an Open Primary to file proposed answer in intervention (dd)

ANSWER in intervention by Intervenor Californias for an Open Primary (ljr) (Entered: 02/14/1997)

ORDER by Honorable David F Levi GRANTING intervenors' Californians for an Open Primary adding Californians for an Open Primary (cc: all counsel) (ljr) (Entered: 02/04/1997)

INTERVENOR'S COMPLAINT by California Republican Party, Michael Schroeder, Shawn Steel, and Donna Shalansky (ndd) (Entered: 02/06/1997)

STATUS (PRETRIAL SCHEDULING) ORDER by Honorable David F. Levi discovery ddl set for 6/13/97; expert witnesses ddl set for 5/9/97; pretrial conference set for 6/27/97; trial set for 9:00 7/28/97 (cc: all counsel) (ndd) (Entered: 02/12/1997)

STIPULATION AND ORDER by Honorable David F. Levi that upon stipulation, plts in intervention/intervenors CA Republican Party, Michael Schroeder, Shawn Steel and Donna Shalansky may file the proposed complaint in intervention in this case (cc: all counsel) (ndd) (Entered: 02/12/1997)

DECLARATION of John E Mueller in support of proposed stipulation and order lodged with the court on 1/27/97 and a proposed complaint in intervention [0-0] (ch) (Entered: 02/19/1997)

AMENDED COMPLAINT [1-1] by plaintiff adding Californians for an Open Primary (old) (Entered: 03/11/1997)

LODGED Proposed Stipulation and Order re: joinder of additional Political Party pltfs and filing of First Amended Complaint by plaintiffs (old)

STIPULATION AND ORDER by Honorable David F. Levi JOINING Peace & Freedom Pty, C T Weber, Libertarian Party CA, Gail Lightfoot as pltfs in this action (cc: all counsel) (old) (Entered: 03/14/1997)

ANSWER TO FIRST AMENDED COMPLAINT by defendant Bill Jones and intervenor Californians for an open primary (old) (Entered: 04/17/1997)

DESIGNATION of expert witnesses by pltfs CA Democratic Party, Art Torres, Kathy Bowler, Paul Jorjorian, Libertarian Party CA, Gail Lightfoot, C T Weber (old) (Entered: 05/05/1997)

ANSWER by defendant Secretary of State Bill Jones and intervenor dft Californians for an open primary to complaint in intervention for declaratory and injunctive relief (ljr) (Entered: 05/20/1997)

MOTION for leave to by intervenor-plaintiff Michael Schroeder, intervenor-plaintiff Shawn Steel, intervenor-plaintiff Donna Shalansky ; to file motion for reconsideration of order granting intervention; hearing not notice (ljr) (Entered: 05/20/1997)

MOTION for reconsideration of order granting intervention by intervenor-plaintiff Michael Schroeder, intervenor-plaintiff Shawn Steel, intervenor-plaintiff Donna Shalansky ; hearing not notice (ljr) (Entered: 05/20/1997)

MEMORANDUM and points and authorities by intervenor-plaintiff Michael Schroeder, Shawn Steel in support of motion for reconsideration of order granting intervention to intervenor/dft Californians for an open primary [19-1] (ljr) Modified on 05/21/1997 (Entered: 05/20/1997)

NOTICE by plaintiffs pursuant to Local Rule 7-10 (dd) (Entered: 05/21/1997)

LODGED [proposed] order motion for leave to file motion for reconsideration of order granting intervention by intervenor-plaintiff Michael Schroeder, intervenor-plaintiff Shawn Steel, intervenor-plaintiff Donna Shalansky (ljr)

AMENDED APPLICATION ( terminating original motion 18 ) for leave to file motion for reconsideration of order granting intervention by plts (ndd) (Entered: 05/21/1997)

AMENDED NOTICE AND MOTION (terminating original motion 19) for reconsideration of order granting intervention by plts (ndd) (Entered: 05/21/1997)

LETTER to court from counsel for plts enclosed the documents [23-1], [22-1] [0-0] for filing and disregard the document erroneously filed on 5/19/97 entitled "Notice pursuant to LR 7-10" (ndd) (Entered: 05/21/1997)

LODGED Proposed Order granting leave to file motion for reconsideration of order granting intervention by plts (ndd)

ERRATA to amended application for reconsideration and supporting documents (old) (Entered: 05/23/1997)

OPPOSITION by defendant Bill Jones to motion for leave to file motion for reconsideration of order granting intervention plts [22-1] (ch) (Entered: 05/27/1997)

ORDER by Honorable David F. Levi ORDERING motion for reconsideration of order granting intervention by plts [23-1] DENIED, motion for leave to file motion for reconsideration of order granting intervention by plts [22-1] DENIED (cc: all counsel) (old) (Entered: 05/29/1997)

LODGED Document not signed (old) Modified on 05/29/1997

LODGED Document not signed (old)

JOINT PRETRIAL STATEMENT from plaintiffs (kdc) (Entered: 06/23/1997)

SUPPLMENTAL EXHIBIT list by plaintiffs (kdc) (Entered: 06/27/1997)

JOINT PRETRIAL STATEMENT from plaintiffs (kdc) (Entered: 06/27/1997)

PRE-TRIAL ORDER approved by Honorable David F. Levi pretrial conference held 6/27/97; trial set for 8:30am on 7/29/97; post rial briefs of no more than 35 pages shall be filed by 9/2/97; rply brief of no more than 10 pages may be filed by 9/9/97; Oral argument is set for 10/3/97 at 9:30am (cc: all counsel) (old) (Entered: 06/27/1997)

OBJECTIONS by plaintiff to pre-trial order [31-1] (ch) (Entered: 07/09/1997)

LETTER to court from counsel for defendant Bill Jones regarding pretrial conference order of 6/25/97 [31-1] (old) (Entered: 07/17/1997)

LODGED Stipulation and order dismissing pltf's second cause of action by plaintiffs (old)

EXPERT REPORTS (STATEMENT) by plaintiffs and defendant (old) (Entered: 07/21/1997)

DEPOSITION of Art Torres taken on the following date(s) 6/11/97 (old) (Entered: 07/21/1997)

DEPOSITION of Sal Russo taken on the following date(s) 6/6/97 (old) (Entered: 07/21/1997)

DEPOSITION of Gail Katherine Lightfoote taken on the following date(s) 6/6/97 (old) (Entered: 07/21/1997)

DEPOSITION of Bruce E Cain taken on the following date(s) 6/13/97 (old) (Entered: 07/21/1997)

DEPOSITION of Edmond Costantini taken on the following date(s) 6/5/97 (old) (Entered: 07/21/1997)

DEPOSITION of Michael Schroeder taken on the following date(s) 6/11/97 (old) (Entered: 07/21/1997)

DEPOSITION of Robert W Naylor taken on the following date(s) 6/6/97 (old) (Entered: 07/21/1997)

DEPOSITION of Richard Winger taken on the following date(s) 6/4/97 (old) (Entered: 07/21/1997)

DEPOSITION of Martin Wattenberg PHD taken on the following date(s) 6/9/97 (old) (Entered: 07/21/1997)

DEPOSITION of C T Weber taken on the following date(s) 6/10/97 (old) (Entered: 07/21/1997)

LETTER to clerk from counsel for plaintiff submitting courtesy binder of expert reports to Judge Levi (old) (Entered: 07/22/1997)

TRIAL brief submitted by plaintiffs (old) (Entered: 07/22/1997)

JOINT TRIAL brief submitted by intervenor dfts Californians for an Open Primary (old) (Entered: 07/22/1997)

OBJECTIONS by pltf's and intervenor-pltf's to dfts and intervenor dfts trial exhibits (old) (Entered: 07/22/1997)

PROPOSED FINDINGS AND RECOMMENDATIONS of facts and conclusions of law by pltf and intervenor pltf's CA Republican Party, Michael Schroeder, Shawn Steel and Donna Shalansky (cc: all counsel) (old) (Entered: 07/22/1997)

NOTICE by plaintiff of lodging deposition transcripts for Mervin Field, Elisabeth Gerber, Eugene C Lee, Jonathan Nagler, David Olson, and T Anthony Quinn (ch) (Entered: 07/23/1997)

Multiple regression Analysis and Report on Competitiveness in congressional elections and primary type by professor Martin P Wattenberg by intervenor, intervenor-plaintiff (ch) (Entered: 07/23/1997)

TRIAL brief submitted by intervenor, intervenor-plaintiff (ch) (Entered: 07/23/1997)

PROPOSED FINDINGS of fact and conclusions of law filed by intervenor dft CA for an Open Primary (cc: all counsel) (old) Modified on 07/23/1997 (Entered: 07/23/1997)

STIPULATION AND ORDER by Honorable David F. Levi: plts' second cause of action and the intervenor-plt's second cause of action are hereby dismissed without prejudice (cc: all counsel) (ndd) (Entered: 07/22/1997)

ORDER by Honorable David F. Levi ORDERING plts' request to augment the pretrial order [32-1] is GRANTED; the Pretrial Order is amended accordingly (cc: all counsel) (ndd) (Entered: 07/22/1997)

SUPPLEMENTAL EXHIBIT by intervenor Californians for An Open Primary (old) (Entered: 07/30/1997)

MINUTES before Honorable David F. Levi of trial 1st day: witnesses called and testified; recess to 7/29/97 at 8:00 am; C/R D McKinnon (kdc) (Entered: 07/30/1997)

MINUTES before Honorable David F. Levi of trial 2nd day; testimony of Oscar Costintini, David Olson; David Wattenburg sworn and testified; C/R D McKinnon (kdc) (Entered: 07/30/1997)

MINUTES of court trial, 3rd day before Honorable David F. Levi: continued testimony was heard; noon recess was taken; court in session; further testimony head; recess to 7/31/97 at 1:30pm C/R McKinnon (ndd) (Entered: 08/01/1997)

MINUTES of court trial 4th day before Honorable David F. Levi: continued testimony was heard; all parties rest; continued to 10/3/97 at 9:30 for argument C/R McKinnon (ndd) (Entered: 08/01/1997)

LODGED Stipulation and order extending briefing and hearing schedule by plaintiff (ch)

STIPULATION AND ORDER by Honorable David F. Levi trial oral aurgment shall be heard at 10:00am on 10/3/97; post trial briefs shall be filed and served by personal deliver or FAX no later than 4pm on 9/22/97 and reply briefs of no more than 10 pages shall be filed and served by personal delivery or FAX no later than 4:30pm on 9/26/97 (cc: all counsel) (old) Modified on 09/05/1997 (Entered: 09/03/1997)

TRANSCRIPT of 7/28/97 Court Trial by C/R Dennis McKinnon (ch) Modified on 01/20/1998 (Entered: 09/08/1997)

TRANSCRIPT of 7/29/97 hearing on Court Trial by C/R Dennis McKinnon (ch) (Entered: 09/08/1997)

TRANSCRIPT of 7/31/97 hearing on Court Trial by C/R Dennis McKinnon (ch) (Entered: 09/08/1997)

TRANSCRIPT of 7/30/97 hearing on Court Trial by C/R Dennis McKinnon (ch) (Entered: 09/08/1997)

LODGED Stipulation and Proposed Order modifying page limitation for post trial briefs by dft Bill Jones (ndd)

DFTS' JOINT POST-TRIAL BRIEF by defendants Bill Jones, and intervenors Californians for and Open Primary (old) (Entered: 09/23/1997)

POST-TRIAL BRIEF by intervenor-plaintiffs Michael Schroeder, Shawn Steel, Donna Shalansky (old) (Entered: 09/23/1997)

PLTF'S POST-TRIAL BRIEF by pltf's CA Democratic Party, Art Torres, Kathy Bowler, Paul Jorjorian, Peace & Freedom Pty, C T Weber, Libertarian Party CA, Gail Lightfoot (old) (Entered: 09/23/1997)

ORDER by Honorable David F. Levi ORDERING stipulation and order modifying page limitations for post trial briefs is [0-0] GRANTED; Good cause having been shown, and pursuant to the stiplation of the parties; dfts may file one joint post trial brief not to exceed 70 pages (cc: all counsel) (ch) (Entered: 09/23/1997)

PROOF OF SERVICE by intervenor Californians of [67-1] (old) (Entered: 09/24/1997)

REPLY BRIEF by plaintiffs CA Democratic Party, Art Torres, Kathy Bowler, Paul Jorjorian, Peace & Freedom Pty, C T Weber, Libertarian Party CA, Gail Lightfoot (old) (Entered: 09/29/1997)

NOTICE OF ERRATA by defendant Bill Jones to defendants post trial brief [71-1] (old) (Entered: 09/29/1997)

INTERVENORS' REPLY BRIEF by Michael Schroeder, Shawn Steel, Donna Shalansky, CA Republican Party in (old) (Entered: 09/29/1997)

JOINT REPLY BRIEF by intervenor Californians (old) (Entered: 09/30/1997)

TRANSCRIPT of 10/3/97 hearing on arguments by C/R Catherine E F Bodene (old) (Entered: 10/20/1997)

MEMORANDUM, Opinion and Order: by Honorable David F. Levi dfts' motion for summary judgment is GRANTED; and pltfs' motions for declaratory relief are DENIED (cc: all counsel) (old) (Entered: 11/17/1997)

LETTER to court from counsel Cyrus J Rickards regarding the order of 11/17/97 (old) (Entered: 11/24/1997)

ORDER by Honorable David F. Levi re order 11/17/97 [76-1] page 9 note 10 line 21 omit "Gerber Report"; page 13 line 1 replace "state's" with "State's"; page 17 note 17 line 18 insert a comma after "Justice Powell noted"; page 26 line 14 omit "or uncontested"; page 36 note 34 at line 24 replace "blanket" with "closed"; page 40 line 13-15 replace lines 13-15 with "Judgment is awarded to defendants"; with copy of amended memorandum of opinion; (cc: all counsel) (old) (Entered: 11/24/1997)

JUDGMENT entered pursuant to order 11/24/97 by Honorable David F. Levi (cc: all counsel) (old) (Entered: 12/04/1997)

NOTICE OF APPEAL by pltfs CA Democratic Party, Art Torres, Kathy Bowler, Paul Jorjorian, Peace & Freedom Pty, C T Weber, Libertarian Party CA, and Gail Lightfoot from District Court decision ( fee status paid) (old) (Entered: 12/29/1997)

NOTICE OF APPEAL by interpleader CA Republican Party, intervenor-plaintiff Michael Schroeder, Shawn Steel, and Donna Shalansky from District Court decision, (fee status paid) (old) (Entered: 12/26/1997)

MAILED case information/docket fee payment notice copy of Notice of Appeal and appealed 12/4/97 judgment to 9th Circuit Court of Appeals copy of appeal and certified copy of docket sheet to all parties re interpleader CA Republican Party, intervenor-pltf Michael Schroeder, Shawn Steel and Donna Shalansky (old) (Entered: 12/29/1997)

MAILED case information/docket fee payment notice copy of Notice of Appeal and appealed 12/4/97 judgment to 9th Circuit Court of Appeals copy of appeal and certified copy of docket sheet to all parties re pltfs CA Democratice Party, Art Torres, Kathy Bowler, Paul Jorjorian, Peace & Freedom Party, CT Webe, Libertarian Party CA, and Gail Lightfoot (old) (Entered: 12/29/1997)

TRANSCRIPT DESIGNATION and Ordering Form for dates 7/28/97 to 7/31/97 [62-1, 63-1, 64-1, 65-1] 10/3/97 [75-1] re appeal [81-1] (ndd) (Entered: 01/02/1998)

CERTIFICATE OF RECORD transmitted to 9th Circuit [81-1] (notice sent) (ndd) (Entered: 01/02/1998)

NOTIFICATION by 9th Circuit of Appellate Docket Number 97-17442 (old) (Entered: 01/02/1998)

NOTIFICATION by 9th Circuit of Appellate Docket Number 97-17440 (old) (Entered: 01/02/1998)

TRANSCRIPT DESIGNATION and Ordering Form for dates 7/28/97, 7/29/97, 7/30/97, 7/31/97 re appeal [81-1] regarding transcript [65-1], regarding transcript [64-1], regarding transcript [63-1], regarding transcript [62-1] and 10/17/97 (ch) (Entered: 01/20/1998)

TRANSCRIPT DESIGNATION and Ordering Form for dates 7/28, 7/29, 7/30, 7/31/97, 10/3/97 re appeal [80-1] regarding transcript [75-1], regarding transcript [65-1], regarding transcript [64-1], regarding transcript [63-1], regarding transcript [62-1] (ndd) (Entered: 01/23/1998)

NOTICE of Portions of Transcript to be ordered by intervenor/plts CA Republican Party, Michael Schroeder, Shawn Steel, Donna Shalansky regarding [89-1] (ndd) (Entered: 01/23/1998)