McCain-Palin 2008, Inc. v. Cunningham et al

Justia Dockets & Filings Fourth Circuit Virginia Eastern District McCain-Palin 2008, Inc. v. Cunningham et al

McCain-Palin 2008, Inc. v. Cunningham et al

Plaintiff McCain-Palin 2008, Inc. alleged that Defendant Virginia State Board of Elections violated the Uniform and Overseas Citizens Absentee Voting Act of 1986 by not mailing out absentee ballots to UOCAVA voters before 45 days of Election Day.

Plaintiff:	McCain-Palin 2008, Inc.
Defendant:	Jean Cunningham, Harold Pyon and Nancy Rodrigues
Case Number:	3:2008cv00709
Filed:	November 3, 2008
Court:	US District Court for the Eastern District of Virginia
Office:	Civil Rights: Voting Office
County:	Arlington
Presiding Judge:	Richard L. Williams
Nature of Suit:	None
Cause of Action:	Federal Question
Jury Demanded By:	42:1973 National Voter Registration Act

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Docket Report

This docket was last retrieved on August 19, 2010. A more recent docket listing may be available from PACER.

Date Filed	Document Text
May 20, 2010	Filing 69 Reply to 68 Memorandum in Opposition, filed by UNITED STATES OF AMERICA. (Perrin, Robin)
May 14, 2010	Filing 68 Memorandum in Opposition re 67 MOTION Permanent Relief filed by Jean Cunningham, Harold Pyon, Nancy Rodrigues. (Attachments: # 1 Exhibit 1, Chapter 449, # 2 Exhibit 2, Chapter 538, # 3 Exhibit 3, May 3, 2010 E-mail from FVAP, # 4 Exhibit 4, May 4, 2010 E-mail from FVAP)(Dybing, Robert)
May 11, 2010	Filing 67 MOTION Permanent Relief by UNITED STATES OF AMERICA. (Attachments: # 1 Proposed Order)(Perrin, Robin)
March 31, 2010	Filing 66 NOTICE by UNITED STATES OF AMERICA (Perrin, Robin)
February 3, 2010	Filing 65 NOTICE by UNITED STATES OF AMERICA regarding future relief (Perrin, Robin)
January 4, 2010	Filing 64 NOTICE by UNITED STATES OF AMERICA regarding Future Relief (Perrin, Robin)
November 25, 2009	Filing 63 NOTICE by Jean Cunningham, Harold Pyon, Nancy Rodrigues Supplementing Earlier Notice, with Amended Vote Totals (Attachments: # 1 Exhibit 1, Certified Election Results, # 2 Exhibit 2, Amended Election Results)(Dybing, Robert)
November 25, 2009	Filing 62 NOTICE by Jean Cunningham, Harold Pyon, Nancy Rodrigues of Re-Certification of Election Results (Attachments: # 1 Exhibit 1, Re-Certified Election Results)(Dybing, Robert)
November 12, 2009	Filing 61 CONSENT ORDER. (See Order for Details). Signed by District Judge Richard L. Williams on 11/12/09. (jtho, )
November 4, 2009	Filing 60 NOTICE by UNITED STATES OF AMERICA regarding Future Relief (Perrin, Robin)
November 4, 2009	Filing 59 STATUS REPORT Jointly Submitted by Plaintiff and Defendant Pursuant to October 15, 2009 Final Order by Jean Cunningham, Harold Pyon, Nancy Rodrigues. (Dybing, Robert)
October 15, 2009	Filing 58 FINAL ORDER denying defendant's 43 Motion for Summary Judgment; granting plaintiff's 47 Motion for Summary Judgment. (SEE Order for Details). Signed by District Judge Richard L. Williams on 10/15/09. (jtho, )
October 15, 2009	Filing 57 MEMORANDUM AND OPINION. Signed by District Judge Richard L. Williams on 10/15/09. (jtho, )
October 15, 2009	Filing 56 Notice of Filing of Official Transcript re 54 Transcript. (jtho, )
October 14, 2009	Filing 55 Letter. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit)(Perrin, Robin)
October 14, 2009	Filing 54 TRANSCRIPT of Proceedings held on 10/09/2099, before Judge Hon. Richard L. Williams. Court Reporter Gil Halasz, RMR, Telephone number 804.916.2248. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/13/2009. Redacted Transcript Deadline set for 12/14/2009. Release of Transcript Restriction set for 1/12/2010.(halasz, gil)
October 8, 2009	Set Hearing: Conference Call set for 10/9/2009 at 2:00 PM before District Judge Richard L. Williams. (wtuc)
October 7, 2009	Filing 53 Notice of Filing of Official Transcript 52 . (jtho, )
October 7, 2009	Filing 52 TRANSCRIPT of Proceedings held on 10/05/09, Court ReporterGil Halasz, RMR, Telephone number 804.916.2248. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/6/2009. Redacted Transcript Deadline set for 12/7/2009. Release of Transcript Restriction set for 1/5/2010.(halasz, gil)
October 5, 2009	Filing 51 Minute Entry for proceedings held before District Judge Richard L. Williams (Court Reporter Halasz, OCR): Motion Hearing held on 10/5/2009 re 43 Motion for Summary Judgment filed by Harold Pyon, Nancy Rodrigues, Jean Cunningham and 47 Cross Motion for Summary Judgment filed by the United States. Argument heard. Matter taken under advisement by Court. (rpiz)
September 22, 2009	Set/Reset Hearings: Settlement Conference set for 10/5/2009 at 11:00 AM before Magistrate Judge Dennis W. Dohnal. (dtho, )
September 18, 2009	Filing 50 REPLY to Response to Motion re 47 Cross MOTION for Summary Judgment and Memorandum in Support and Opposition to Defendants' Motion for Summary Judgment filed by UNITED STATES OF AMERICA. (Attachments: # 1 Exhibit)(Perrin, Robin)
September 15, 2009	Filing 49 Notice of Hearing Date set for 10/05/09 re 43 MOTION for Summary Judgment (Dybing, Robert)
September 15, 2009	Set as to 43 MOTION for Summary Judgment and 47 Cross MOTION for Summary Judgment: Motion Hearing set for 10/5/2009 at 10:30 AM before District Judge Richard L. Williams. (wtuc)
September 1, 2009	Filing 48 Memorandum in Opposition re 47 Cross MOTION for Summary Judgment and Memorandum in Support and Opposition to Defendants' Motion for Summary Judgment and Reply Memorandum in Support of Defendants' Motion for Summary Judgment filed by Jean Cunningham, Harold Pyon, Nancy Rodrigues. (Dybing, Robert)
August 28, 2009	Filing 47 Cross MOTION for Summary Judgment and Memorandum in Support and Opposition to Defendants' Motion for Summary Judgment by UNITED STATES OF AMERICA. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R, # 19 Exhibit S, # 20 Exhibit T, # 21 Exhibit U, # 22 Exhibit V, # 23 Exhibit W, # 24 Exhibit X, # 25 Exhibit Y)(Perrin, Robin)
July 21, 2009	Filing 46 AGREED SUMMARY JUDGMENT BRIEFING SCHEDULE ORDER; it is ORDERED that Plaintiff's Opposition and Motion for Summary Judgment, if any, shall be filed by 8/28/09; defts' Opposition and Reply Brief, if any, shall be filed by 9/11/09; and plaintiff's reply brief, if any, shall be filed by 9/18/09. Signed by District Judge Richard L. Williams on 7/21/09. (jtho, )
July 21, 2009	Filing 45 Consent MOTION Briefing Schedule by UNITED STATES OF AMERICA. (Attachments: # 1 Proposed Order)(Perrin, Robin)
July 17, 2009	Filing 44 Memorandum in Support re 43 MOTION for Summary Judgment filed by Jean Cunningham, Harold Pyon, Nancy Rodrigues. (Attachments: # 1 Exhibit 1, Affidavit of Nancy Rodrigues, # 2 Exhibit 2, Testimony of Gail McGinn, # 3 Exhibit 3, Senate Bill 1415)(Dybing, Robert)
July 17, 2009	Filing 43 MOTION for Summary Judgment by Jean Cunningham, Harold Pyon, Nancy Rodrigues. (Dybing, Robert)
June 10, 2009	Filing 42 SO-ORDER granting 41 Motion for Richard Dellheim to appear Pro hac vice. Signed by District Judge Richard L. Williams on 6/10/09. (jtho, )
June 8, 2009	Filing 41 MOTION for Richard Dellheim to appear Pro hac vice by UNITED STATES OF AMERICA. (jtho, )
January 23, 2009	Minute Entry for proceedings held before Magistrate Judge Dennis W. Dohnal: Settlement Conference held on 1/23/2009. (2:45) (dtho, )
December 10, 2008	Filing 40 TRANSCRIPT of Proceedings held on December 8, 2008 before Judge Richard L. Williams. Court Reporter: Gilbert F. Halasz. (15 pages, placed in brown expandable file) (jtho, )
December 9, 2008	Filing 39 ORDER denying 27 Motion to Dismiss; counsel are DIRECTED to jointly contact Chambers of Honorable U.S. Magistrate Dennis W. Dohnal within ten (10) days of date of this Order to schedule settlement conference; counsel are ORDERED to have with them at settlement conference parties with settlement authority; and what if any, additional requirements Judge Dohnal requires prior to conference. Signed by District Judge Richard L. Williams on 12/8/08. (jtho, )
December 8, 2008	Filing 38 Minute Entry for proceedings held before District Judge Richard L. Williams: Motion Hearing held on 12/8/2008 re 27 MOTION to Dismiss Complaint in Intervention filed by Harold Pyon, Nancy Rodrigues, Jean Cunningham; motion denied (Court Reporter G. Halasz, OCR.) (wtuc)
December 2, 2008	Filing 37 Reply Memorandum in Support of Motion to Dismiss filed by Jean Cunningham, Harold Pyon, Nancy Rodrigues. (Dybing, Robert)
December 1, 2008	Filing 36 Memorandum in Opposition re 27 MOTION to Dismiss Complaint in Intervention filed by UNITED STATES OF AMERICA. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit, # 15 Exhibit, # 16 Exhibit, # 17 Exhibit, # 18 Exhibit, # 19 Exhibit, # 20 Exhibit)(Perrin, Robin)
November 26, 2008	Filing 35 ORDER granting United States' 34 Consent Motion to Amend its Complaint and that the Motion to Dismiss, Memo in Support and Answer filed by defts Cunningham, Rodrigues and Pyon is deemed to have been filed by Virginia State Board of Elections and the Commonwealth of Virginia in response to Complaint in Intervention. Signed by District Judge Richard L. Williams on 11/26/08. (jtho, )
November 26, 2008	Filing 34 Consent MOTION to Amend/Correct 17 Intervenor Complaint by UNITED STATES OF AMERICA. (Attachments: # 1 Exhibit First Amended Complaint, # 2 Proposed Order)(Perrin, Robin)
November 17, 2008	Filing 33 MOTION for Pro hac vice by Alberto Ruisanchez by UNITED STATES OF AMERICA. (wtuc)
November 17, 2008	Set as to 27 MOTION to Dismiss Complaint in Intervention: Motion Hearing set for 12/8/2008 at 02:30 PM before District Judge Richard L. Williams. (wtuc)
November 17, 2008	Filing 32 Minute Entry for proceedings held before District Judge Richard L. Williams: Motion Hearing held on 11/17/2008 re 19 MOTION for Preliminary Injunction filed by UNITED STATES OF AMERICA, 16 MOTION to Intervene filed by UNITED STATES OF AMERICA, 12 MOTION to Dismiss filed by Harold Pyon, Nancy Rodrigues, Jean Cunningham, 18 MOTION for Preliminary Injunction filed by UNITED STATES OF AMERICA; motion to intervene granted; motion to dismiss complaint of McCain Palin 2008, Inc. and Thelma Drake for Congress granted; Hearing on motion to dismiss govt compliant to be held Dec. 8, 2008 at 2:30 p.m.; order to enter (Court Reporter G. Halasz, OCR.) (wtuc, )
November 17, 2008	Filing 31 ORDER granting 16 United States' unopposed Motion to Intervene; grants 12 Motion to Dismiss plaintiff McCain-Palin and DENIES McCain-Palin's request to remain in suit as a permissive intervenor; denying 19 Motion for Preliminary Injunction and temporary restraining order; the plaintiff U.S. shall have until 12/1/08 to respond to defts'motion to dismiss its complaint; defts shall have until 12/3/08 to reply to plaintiff's response; hearing on motion to dismiss is scheduled for 2:30 p.m on 12/8/08. Signed by District Judge Richard L. Williams on 11/17/08. (jtho, )
November 17, 2008	Filing 30 RESPONSE to Motion re 19 MOTION for Preliminary Injunction filed by the United States, filed by McCain-Palin 2008, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Piepgrass, Stephen)
November 17, 2008	Filing 29 RESPONSE to Motion re 16 MOTION to Intervene and Memorandum in Support filed by McCain-Palin 2008, Inc.. (Piepgrass, Stephen)
November 16, 2008	Filing 28 Memorandum in Support re 27 MOTION to Dismiss Complaint in Intervention filed by Jean Cunningham, Harold Pyon, Nancy Rodrigues. (Dybing, Robert)
November 16, 2008	Filing 27 MOTION to Dismiss Complaint in Intervention by Jean Cunningham, Harold Pyon, Nancy Rodrigues. (Dybing, Robert)
November 16, 2008	Filing 26 ANSWER to Intervenor Complaint by Jean Cunningham, Harold Pyon, Nancy Rodrigues.(Dybing, Robert)
November 16, 2008	Filing 25 Memorandum in Opposition re 19 MOTION for Preliminary Injunction filed by Jean Cunningham, Harold Pyon, Nancy Rodrigues. (Dybing, Robert)
November 14, 2008	Filing 24 Response to 16 MOTION to Intervene and Memorandum in Support filed by Jean Cunningham, Harold Pyon, Nancy Rodrigues. (Dybing, Robert)
November 14, 2008	Filing 23 Supplementary Memorandum in Support re 12 MOTION to Dismiss Supplementary filed by Jean Cunningham, Harold Pyon, Nancy Rodrigues. (Dybing, Robert)
November 14, 2008	Filing 22 NOTICE by McCain-Palin 2008, Inc. re 14 Amended Complaint Withdrawal of Proposed Amended Complaint (Piepgrass, Stephen)
November 14, 2008	Filing 21 Memorandum in Opposition re 12 MOTION to Dismiss , Supplemental filed by McCain-Palin 2008, Inc.. (Piepgrass, Stephen)
November 14, 2008	Filing 20 Memorandum in Support re 19 MOTION for Preliminary Injunction filed by UNITED STATES OF AMERICA. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Proposed Order)(Perrin, Robin)
November 14, 2008	Filing 19 MOTION for Preliminary Injunction by UNITED STATES OF AMERICA. (Perrin, Robin)
November 14, 2008	Filing 18 MOTION for Preliminary Injunction by UNITED STATES OF AMERICA. (Perrin, Robin) ***Motion Terminated re: 18 MOTION for Preliminary Injunction filed by UNITED STATES OF AMERICA. Document terminated because incorrect document attached. Counsel will re-file motion with correct document attached momentarily.
November 14, 2008	Filing 17 Intervenor COMPLAINT, filed by UNITED STATES OF AMERICA.(Perrin, Robin)
November 14, 2008	Filing 16 MOTION to Intervene and Memorandum in Support by UNITED STATES OF AMERICA. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Proposed Order)(Perrin, Robin)
November 7, 2008	Filing 15 Memorandum in Opposition re 12 MOTION to Dismiss filed by McCain-Palin 2008, Inc.. (Piepgrass, Stephen)
November 6, 2008	Filing 14 (WITHDRAWN) AMENDED COMPLAINT against Jean Cunningham, Harold Pyon, Nancy Rodrigues, filed by Thelma Drake for Congress, McCain-Palin 2008, Inc.(Piepgrass, Stephen) Modified docket text on 11/17/2008 (jtho, ).
November 6, 2008	Filing 13 Memorandum in Support re 12 MOTION to Dismiss filed by Jean Cunningham, Harold Pyon, Nancy Rodrigues. (Dybing, Robert)
November 6, 2008	Filing 12 MOTION to Dismiss by Jean Cunningham, Harold Pyon, Nancy Rodrigues. (Dybing, Robert)
November 6, 2008	Filing 11 ANSWER to Complaint with Affirmative Defenses by Jean Cunningham, Harold Pyon, Nancy Rodrigues.(Dybing, Robert)
November 6, 2008	Set Hearings: Omnibus Hearing RESCHEDULED for 11/17/2008 at 02:00 PM before District Judge Richard L. Williams. (wtuc)
November 5, 2008	Set Hearings: Omnibus Hearing RESCHEDULED for 11/17/2008 at 02:00 PM before District Judge Richard L. Williams. (wtuc)
November 4, 2008	Filing 10 ORDER GRANTING plaintiff's 2 Motion for Temporary Restraining Order and the 3 Motion for Preliminary Injunction ; the defendants shall convey a copy of this Order to: the local electoral boards and registrars by means of the local registrars' email addresses by 5:00 p.m. on November 5, 2008; and the clerk's of Virginia circuit courts by 5:00 p.m. November 5, 2008 or within six (6) hours of the plaintiff providing the defendants with the email addresses, or only if email addresses are unavailable, the fax numbers for these clerks, whichever is later (see additional deadlines in Order); the defendants shall respond to the merits of this matter by 5:00 p.m. on November 6, 2008; the plaintiff's reply, if any, is due by 1:00 p.m. on November 7, 2008. A hearing on this matter will be held at 2:30 p.m. on November 10, 2008. Signed by District Judge Richard L. Williams on 11/4/2008. Copies sent as directed. (lhin, )
November 4, 2008	Filing 9 Minute Entry for proceedings held before District Judge Richard L. Williams: Motion Hearing held on 11/4/2008 re 2 MOTION for Temporary Restraining Order filed by McCain-Palin 2008, Inc; order to enter by 5 p.m. today with the Court's full ruling (Court Reporter G. Halasz, OCR.) (wtuc) (wtuc, ).
November 4, 2008	Filing 8 SUMMONS Returned Executed as to Jean Cunningham served on 11/3/2008, answer due 11/24/2008; Harold Pyon served on 11/3/2008, answer due 11/24/2008; Nancy Rodrigues served on 11/3/2008, answer due 11/24/2008. (jtho, )
November 4, 2008	Filing 7 NOTICE of Appearance by Robert A. Dybing on behalf of Jean Cunningham, Harold Pyon, Nancy Rodrigues (Dybing, Robert)
November 4, 2008	RESET Deadline as to 2 MOTION for Temporary Restraining Order: Motion Hearing set for 11/4/2008 to now be held at 02:00 PM before District Judge Richard L. Williams. (time changed) (wtuc)
November 4, 2008	Set/Reset Hearings: Hearing set for 11/10/2008 at 02:30 PM before District Judge Richard L. Williams. (khan, )
November 3, 2008	Filing 6 Summons Issued as to Jean Cunningham, Harold Pyon, Nancy Rodrigues (given to courier at counter). (jtho, )
November 3, 2008	Filing 5 Financial Interest Disclosure Statement (Local Rule 7.1) by McCain-Palin 2008, Inc. (jtho, )
November 3, 2008	Filing 4 Memorandum in Support of 2 MOTION for Temporary Restraining Order, 3 MOTION for Preliminary Injunction filed by McCain-Palin 2008, Inc. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I)(jtho, )
November 3, 2008	Filing 3 MOTION for Preliminary Injunction by McCain-Palin 2008, Inc. (jtho, )
November 3, 2008	Filing 2 MOTION for Temporary Restraining Order by McCain-Palin 2008, Inc. (jtho, )
November 3, 2008	Filing 1 COMPLAINT against Jean Cunningham, Harold Pyon, Nancy Rodrigues ( Filing fee: $350.00; receipt number 34683001130), filed by McCain-Palin 2008, Inc. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Civil Cover Sheet, # 7 Receipt)(jtho, )
November 3, 2008	Set Deadlines as to 2 MOTION for Temporary Restraining Order: Motion Hearing set for 11/4/2008 at 01:30 PM before District Judge Richard L. Williams. (wtuc)

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Plaintiff: McCain-Palin 2008, Inc.
Represented By:	Ashley Lionel Taylor, Jr.
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Defendant: Jean Cunningham
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Defendant: Harold Pyon
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Defendant: Nancy Rodrigues
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