VOTEVETS ACTION FUND et al v. ERTEL
| DEMOCRATIC NATIONAL COMMITTEE, DSCC and VOTEVETS ACTION FUND |
| REPUBLICAN PARTY OF FLORIDA, KENNETH W DETZNER, MICHAEL ERTEL and ATTORNEY GENERAL FOR THE STATE OF FLORIDA |
| NATIONAL REPUBLICAN SENATORIAL COMMITTEE |
| 4:2018cv00524 |
| November 11, 2018 |
| US District Court for the Northern District of Florida |
| CHARLES A STAMPELOS |
| MARK E WALKER |
| Civil Rights: Voting |
| 42 U.S.C. § 1983 |
| None |
Docket Report
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Filing 72
ORDER SUBSTITUTING PARTY, re: #71 Notice of Substitution of Party. IT IS ORDERED: The Clerk is directed to substitute Michael Ertel as the Defendant in place of Kenneth W. Detzner. The parties should list Michael Ertel as the Defendant in subsequent pleadings. Signed by CHIEF JUDGE MARK E WALKER on 1/9/19. (blb)
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| Filing 71 NOTICE of Substitution of Party by KENNETH W DETZNER (JAZIL, MOHAMMAD) |
| Set/Reset Deadlines re: #58 Order. Status Report due by 1/21/2019. (pll) |
| Filing 70 NOTICE of Appearance by HAROLD E MORLAN, III on behalf of REPUBLICAN PARTY OF FLORIDA (MORLAN, HAROLD) |
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Filing 69
ORDER GRANTING EXTENSION OF TIME TO FILE RESPONSIVE PLEADINGS. This Court has considered, without hearing, the Secretary's Unopposed Motion for Extension of Time to File Responsive Pleadings. ECF No. #68 . The motion is GRANTED. The Defendants and Defendant-Intervenors shall file their responsive pleadings on or before 1/31/2019. Signed by CHIEF JUDGE MARK E WALKER on 12/20/2018. (kjw)
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| Filing 68 MOTION for Extension of Time to File Secretary's Unopposed Motion for Extension of Time to File Responsive Pleadings Until January 31, 2019 by KENNETH W DETZNER. (JAZIL, MOHAMMAD) |
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Filing 67
ORDER GRANTING PLAINTIFFS' MOTION FOR EXTENSION OF TIME #66 : The deadline to conduct a Rule 26(f) conference and file a joint report is extended to 1/22/2019. Signed by CHIEF JUDGE MARK E WALKER on 12/17/18. (amm)
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| Filing 66 STATUS REPORT and Consent Motion for Extension of Time by DEMOCRATIC NATIONAL COMMITTEE, DSCC, VOTEVETS ACTION FUND. (NKWONTA, UZOMA) |
| Filing 65 NOTICE Secretary's Third Notice of Compliance with Supplemental Order Denying Motion for Preliminary Injunction by KENNETH W DETZNER re #57 Order,,,, Set Deadlines/Hearings,,, (Attachments: #1 Exhibit Attachment 1) (JAZIL, MOHAMMAD) |
| Filing 64 NOTICE Secretary's Second Notice of Compliance with Supplemental Order Denying Motion for Preliminary Injunction by KENNETH W DETZNER re #57 Order,,,, Set Deadlines/Hearings,,, (Attachments: #1 Exhibit Attachment 1) (JAZIL, MOHAMMAD) |
| Filing 63 NOTICE Secretary's Notice of Compliance with Supplemental Order Denying Motion for Preliminary Injunction by KENNETH W DETZNER re #57 Order,,,, Set Deadlines/Hearings,,, (Attachments: #1 Exhibit Attachment 1) (JAZIL, MOHAMMAD) |
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Filing 62
ORDER GRANTING IN PART DEFENDANTS UNOPPOSED MOTION FOR EXTENSION OF TIME #60 . This Court directs Defendant and Intervenors to file responsive pleadings on or before 12/21/2018. Signed by CHIEF JUDGE MARK E WALKER on 11/29/18. (amm)
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Filing 61
ORDER GRANTING PLAINTIFFS CONSENT MOTION FOR EXTENSION OF TIME #59 . The parties are directed to confer and file a notice indicating how they intend to proceed in this action on or before 12/14/2018. Signed by CHIEF JUDGE MARK E WALKER on 11/29/18. (amm)
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| Filing 60 MOTION for Extension of Time to File SECRETARYS UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE RESPONSIVE PLEADINGS IN ALL PENDING CASES by KENNETH W DETZNER. (JAZIL, MOHAMMAD) |
| Filing 59 Consent MOTION for Extension of Time to File Response/Reply as to #57 Order,,,, Set Deadlines/Hearings,,, by DEMOCRATIC NATIONAL COMMITTEE, DSCC. (NKWONTA, UZOMA) |
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Filing 58
INITIAL SCHEDULING ORDER (Discovery due by 3/13/2019. Joint Status Report due by 12/20/2018. Rule 26 Meeting Report due by 1/3/2019. Dispositive Motions to be filed by 4/3/2019. Fed.R.Civ.P. 7.1 Corporate Disclosure Statement Deadline set for 12/4/2018.) Signed by CHIEF JUDGE MARK E WALKER on 11/20/2018. (ckm)
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Filing 57
SUPPLEMENTAL ORDER TO ORDER DENYING PLAINTIFFS' MOTION FOR PRELIMINARY INJUNCTION: The parties are directed to confer and, after conferral, file a notice in this Court indicating how they intend to proceed. The parties shall file this notice on or before 11/30/2018. Defendant Detzner is directed to supply to this Court information from all 67 counties listing the number of non-overseas mail-in ballots that were postmarked before Election Day but received after Election Day and therefore not counted. Defendant Detzner shall provide this information on or before 11/30/2018, and, if applicable, shall update this Court once per week until information from all 67 counties is included. Signed by CHIEF JUDGE MARK E WALKER on 11/19/18. (amm)
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Filing 56
ORDER DENYING PRELIMINARY INJUNCTION, re: #4 Emergency MOTION for Temporary Restraining Order and Preliminary Injunction. Signed by CHIEF JUDGE MARK E WALKER on 11/16/2018. (kjw)
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| Filing 55 Minute Entry for proceedings held before CHIEF JUDGE MARK E WALKER: Evidentiary Hearing held on 11/15/2018. Ruling by Court: Plaintiff may file objections regarding Defense (NRSC) Exhibit 1 by midnight tonight; Defense may file a reply by 10:00 a.m. on 11/16/18. (Court Reporter Megan Hague.) (Attachments: #1 Exhibit List, #2 Exhibit Defense (NRSC) Exhibit 1) (vkm) |
| Filing 54 RESPONSE in Support re #4 Emergency MOTION for Temporary Restraining Order and Preliminary Injunction filed by DEMOCRATIC NATIONAL COMMITTEE, DSCC, VOTEVETS ACTION FUND. (ELIAS, MARC) |
| Filing 53 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Evidentiary Proceedings held on 11/15/2018, before Judge Mark E. Walker. Court Reporter/Transcriber Megan A. Hague, Telephone number 850-422-0011. 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 PACER. Redaction Request due 11/23/2018. Release of Transcript Restriction set for 2/20/2019. (mah) |
| Filing 52 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of telephonic Status conference Proceedings held on 11/13/2018, before Judge Mark E. Walker. Court Reporter/Transcriber Megan A. Hague, Telephone number 850-422-0011. 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 PACER. Redaction Request due 11/23/2018. Release of Transcript Restriction set for 2/20/2019. (mah) |
| Filing 51 NOTICE of Appearance by SCOTT SAMUEL BROWN on behalf of REPUBLICAN PARTY OF FLORIDA (BROWN, SCOTT) |
| Filing 50 RESPONSE in Opposition re #4 Emergency MOTION for Temporary Restraining Order and Preliminary Injunction filed by ATTORNEY GENERAL FOR THE STATE OF FLORIDA. (WENGER, EDWARD) |
| Filing 49 MEMORANDUM in Opposition re #4 Emergency MOTION for Temporary Restraining Order and Preliminary Injunction filed by REPUBLICAN PARTY OF FLORIDA. (MORLAN, HAROLD) |
| Filing 48 RESPONSE in Opposition re #4 Emergency MOTION for Temporary Restraining Order and Preliminary Injunction SECRETARYS RESPONSE IN OPPOSITION TO MOTION FOR TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION filed by KENNETH W DETZNER. (JAZIL, MOHAMMAD) |
| Filing 47 RESPONSE in Opposition re #4 Emergency MOTION for Temporary Restraining Order and Preliminary Injunction filed by NATIONAL REPUBLICAN SENATORIAL COMMITTEE. (BARDOS, ANDY) |
| Filing 46 NOTICE of Witness by ATTORNEY GENERAL FOR THE STATE OF FLORIDA re #39 Order,,, Set Hearings,, #44 Order on Motion to Continue, (WENGER, EDWARD) |
| Filing 45 NOTICE OF HEARING: Evidentiary Hearing reset for 11/15/2018 01:00 PM before CHIEF JUDGE MARK E WALKER. United States Courthouse, 111 North Adams St., Tallahassee, Florida 32301. NOTE: If you or any party, witness, or attorney in this matter has a disability that requires special accommodation, such as a hearing impairment that requires a sign language interpreter or a wheelchair restriction that requires ramp access, please contact Victoria Milton-McGee at 850-521-3501 in the Clerk's Office at least one week prior to the hearing (or as soon as possible) so arrangements can be made. s/ Kimberly WestphalDeputy Clerk (kjw) |
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Filing 44
ORDER GRANTING IN PART MOTION FOR CONTINUANCE OF EVIDENTIARY HEARING. This Court has considered, without hearing, the Request for Continuance of Evidentiary Hearing filed by the Intervenor, the Republican Party of Florida. ECF No. #41 . The motion is GRANTED in part. The Clerk shall reschedule the hearing now set for Thursday, November 15, 2018, at 10:00 a.m. to Thursday, November 15, 2018, at 1:00 pm. Signed by CHIEF JUDGE MARK E WALKER on 11/14/2018. (kjw)
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| Filing 43 NOTICE Declaration of Blaise Ingoglia by REPUBLICAN PARTY OF FLORIDA (ZACHERL, FRANK) |
| Filing 42 NOTICE Declaration of Cooper R. Harrison by REPUBLICAN PARTY OF FLORIDA (ZACHERL, FRANK) |
| Filing 41 MOTION to Continue Evidentiary Hearing by REPUBLICAN PARTY OF FLORIDA. (ZACHERL, FRANK) |
| Filing 40 NOTICE OF HEARING: Evidentiary Hearing set for 11/15/2018 10:00 AM before CHIEF JUDGE MARK E WALKER. United States Courthouse, 111 North Adams Street, Tallahassee, FL 32301 NOTE: If any party, witness or attorney in this matter has a disability that requires special accommodation, such as, a hearing impairment that requires a sign language interpreter or a wheelchair restriction that requires ramp access, please contact the Clerk's Office at least one week prior to the hearing (or as soon as possible) so arrangements can be made. s/ Victoria Milton McGeeCourtroom Deputy Clerk (vkm) |
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Filing 39
ORDER ACKNOWLEDGING ATTORNEY GENERAL'S NOTICE AND SETTING MATTER FOR EVIDENTIARY HEARING - re: #35 Attorney General's Notice Concerning State of the Record and Need for Evidentiary Hearing. To the extent the Attorney General's objections are motions to extend the tight deadlines, the motions are DENIED. Although this dispute is largely a legal one, the Attorney General appears to request an evidentiary hearing. ECF No. #4 , at 4. Therefore, this Court shall set this matter for an evidentiary hearing at 10:00 a.m., tomorrow, 11/15/2018, in U.S. Courthouse Tallahassee before CHIEF JUDGE MARK E WALKER. Signed by CHIEF JUDGE MARK E WALKER on 11/14/2018. (cle)
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Filing 38
ORDER GRANTING INTERVENOR'S MOTION FOR TIME EXTENSION. This Court has considered, without hearing, Intervenor's Notice of Intent to File Counter Declaration and Position Regarding Evidentiary Hearing. ECF No. #36 . The Notice, inasmuch as it is a motion for a brief time request, is GRANTED. Intervenor shall serve its counter declaration on or before 5:00 p.m. today, November 14, 2018. Signed by CHIEF JUDGE MARK E WALKER on 11/14/2018. (kjw)
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| Filing 37 Corporate Disclosure Statement/Certificate of Interested Persons by NATIONAL REPUBLICAN SENATORIAL COMMITTEE identifying Corporate Parent NATIONAL REPUBLICAN SENATORIAL COMMITTEE for NATIONAL REPUBLICAN SENATORIAL COMMITTEE.. (BARDOS, ANDY) |
| Filing 36 NOTICE of Intent to File Counter Declaration and Position Regarding Evidentiary Hearing by REPUBLICAN PARTY OF FLORIDA (ZACHERL, FRANK) Modified on 11/14/2018 to convert it to a motion per #38 ORDER GRANTING INTERVENOR'S MTION FOR EXTENSION OF TIME. (kjw). |
| Filing 35 NOTICE Concerning State of the Record and Need for Evidentiary Hearing by ATTORNEY GENERAL FOR THE STATE OF FLORIDA re #30 Status Conference,,, Set Deadlines,, (WENGER, EDWARD) |
| Filing 34 AFFIDAVIT Declaration of Maria Matthews by KENNETH W DETZNER. (JAZIL, MOHAMMAD) |
| Filing 33 NOTICE Secretary's Notice of Compliance with Scheduling Order by KENNETH W DETZNER re #30 Status Conference,,, Set Deadlines,, (JAZIL, MOHAMMAD) |
| Filing 32 RESPONSE (styled as Position Regarding Evidentiary Hearing) by NATIONAL REPUBLICAN SENATORIAL COMMITTEE re #4 Emergency MOTION for Temporary Restraining Order and Preliminary Injunction. (BARDOS, ANDY) Modified on 11/15/2018 to reflect document title (ckm). |
| Filing 31 Declaration of Ion Sancho (re #4 Emergency Motion for Temporary Restraining Order) by DEMOCRATIC NATIONAL COMMITTEE, DSCC, VOTEVETS ACTION FUND. (ELIAS, MARC) Modified on 11/14/2018 to reflect document title (ckm). |
| Filing 30 Minute Entry for proceedings held before CHIEF JUDGE MARK E WALKER: Telephonic Status Conference held on 11/13/2018. Parties discussed status of case. Ruling by Court: Declarations due 11/13/2018. Counter declarations and notices requesting evidentiary hearing due by noon on 11/14/2018. Response to motion for temporary restraining order due by 6:00 p.m. on 11/15/2018. Reply due by midnight on 11/15/2018. Any further briefing is denied (Court Reporter Megan Hague). (vkm) |
| Filing 29 NOTICE of Appearance by STEPHANIE ALLISON DANIEL on behalf of ATTORNEY GENERAL FOR THE STATE OF FLORIDA (DANIEL, STEPHANIE) |
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Filing 28
ORDER GRANTING #23 MOTION TO INTERVENE OF THE ATTORNEY GENERAL. Signed by CHIEF JUDGE MARK E WALKER on 11/13/2018. (vkm)
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| Filing 27 Declaration of Kirk Nielson in Support of #4 Emergency Motion for Temporary Restraining Order and Preliminary Injunction by DEMOCRATIC NATIONAL COMMITTEE, DSCC, VOTEVETS ACTION FUND. (ELIAS, MARC) Modified on 11/14/2018 to reflect document title (ckm). |
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Filing 26
ORDER ADMITTING UZOMA N. NKWONTA PRO HAC VICE (granting #20 Motion to Appear Pro Hac Vice). Signed by CHIEF JUDGE MARK E WALKER on 11/13/2018. (ckm)
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| Filing 25 NOTICE of Appearance by GEORGE TY LEVESQUE on behalf of NATIONAL REPUBLICAN SENATORIAL COMMITTEE (LEVESQUE, GEORGE) |
| Filing 24 NOTICE of Appearance by EDWARD M WENGER on behalf of ATTORNEY GENERAL FOR THE STATE OF FLORIDA (WENGER, EDWARD) |
| Filing 23 MOTION to Intervene by ATTORNEY GENERAL FOR THE STATE OF FLORIDA. (WENGER, EDWARD) |
| Filing 22 AFFIDAVIT of Service for Summons, Complaint, Motion for Temp. Restraining Order & Memo in Support, Rule 7.1 Corp. Disclosure Stmt, NO Appearance Elias, NOAppearance Blohm Vause's Process Service served on Kenneth W. Detzner on 11/13/2018, filed by DEMOCRATIC NATIONAL COMMITTEE, DSCC, VOTEVETS ACTION FUND. (MEYER, RONALD) |
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Filing 21
ORDER GRANTING #19 EMERGENCY MOTION TO INTERVENE. Signed by CHIEF JUDGE MARK E WALKER on 11/13/2018. (vkm)
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| Filing 20 Emergency MOTION to Appear Pro Hac Vice by Uzoma N. Nkwonta.( Filing fee $ 201 receipt number AFLNDC-4332380.) by DEMOCRATIC NATIONAL COMMITTEE, DSCC, VOTEVETS ACTION FUND. (Attachments: #1 Exhibit) (MEYER, RONALD) |
| Filing 19 MOTION to Intervene by REPUBLICAN PARTY OF FLORIDA. (ZACHERL, FRANK) |
| Filing 18 NOTICE of Appearance by MOHAMMAD OMAR JAZIL on behalf of KENNETH W DETZNER (JAZIL, MOHAMMAD) |
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Filing 17
ORDER GRANTING MOTIONS TO APPEAR PRO HAC VICE. This Court has considered, without hearing, the Motions for Leave to Appear Pro Hac Vice of John D. Adams, ECF No. #11 , and Matthew A. Fitzgerald, ECF No #12 . The motions are GRANTED. Mr. Adams and Mr. Fitzgerald shall expeditiously complete the requirements of the Local Rules for admission and are admitted pro hac vice as counsel for Intervenor Defendant, National Republican Senatorial Committee. Signed by CHIEF JUDGE MARK E WALKER on 11/12/2018. (kjw)
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Filing 16
ORDER GRANTING EMERGENCY MOTION TO INTERVENE. This Court has considered, without hearing, the Emergency Motion to Intervene filed by The National Republican Senatorial Committee. ECF No. #10 . The motion is GRANTED. Signed by CHIEF JUDGE MARK E WALKER on 11/12/2018. (kjw)
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| Filing 15 NOTICE OF HEARING: Telephonic Status Conference set for 11/13/2018 02:00 PM in U.S. Courthouse Tallahassee before CHIEF JUDGE MARK E WALKER. You may dial into the conference call as early as 1:50 PM EDT. Call in number: 888-684-8852. When prompted for an access code, enter: 3853136#. If you are asked to join as the host, just ignore and wait until you are asked for a security code. When asked for a security code, enter: 4565#. Say your name, when prompted. You are now in the conference call. Remember to mute your phone when you are not speaking.s/ Kimberly WestphalDeputy Clerk The quality of the audio connection is compromised by the use of cell phones or speakerphones and counsel are requested not to use those devices during the call. (kjw) |
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Filing 14
ORDER DIRECTING CLERK TO SET STATUS CONFERENCE. The Clerk is directed to set this matter for a telephonic status conference on Tuesday, November 13, 2018, at 2:00 p.m. (EDT). Counsel for Plaintiffs and Intervenor shall appear. Inasmuch as counsel for Defendant has not yet appeared as attorney of record, the Clerk shall ensure that Mohammad Omar Jazil, counsel for Defendant, receives electronic notice of the hearing. Signed by CHIEF JUDGE MARK E WALKER on 11/12/2018. (kjw)
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| Filing 13 NOTICE of Appearance by JASON BRETT TORCHINSKY on behalf of NATIONAL REPUBLICAN SENATORIAL COMMITTEE (TORCHINSKY, JASON) |
| Filing 12 Emergency MOTION to Appear Pro Hac Vice by MATTHEW A. FITZGERALD.( Filing fee $ 201 receipt number AFLNDC-4332155.) by NATIONAL REPUBLICAN SENATORIAL COMMITTEE. (BARDOS, ANDY) |
| Filing 11 Emergency MOTION to Appear Pro Hac Vice by JOHN D. ADAMS.( Filing fee $ 201 receipt number AFLNDC-4332151.) by NATIONAL REPUBLICAN SENATORIAL COMMITTEE. (BARDOS, ANDY) |
| Filing 10 Emergency MOTION to Intervene by NATIONAL REPUBLICAN SENATORIAL COMMITTEE. (BARDOS, ANDY) |
| Filing 9 NOTICE of Appearance by FRANK A ZACHERL on behalf of Republican Party of Florida (ZACHERL, FRANK) |
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Filing 8
ORDER OF DISQUALIFICATION. I hereby disqualify myself from participation as a judge in this case. Signed by SENIOR JUDGE WILLIAM STAFFORD on 11/12/2018. (kjw) **SENIOR JUDGE WILLIAM STAFFORD recused. Case reassigned to CHIEF JUDGE MARK E WALKER for all further proceedings. Please use the new judge's initials for all future filings - 4:18cv524-MW/CAS.
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| Filing 7 NOTICE of Appearance by JENNIFER SUZANNE BLOHM on behalf of All Plaintiffs (BLOHM, JENNIFER) |
| Filing 6 Summons Issued as to KENNETH W DETZNER. (kjw) |
| Filing 5 NOTICE of Appearance by MARC E ELIAS on behalf of DEMOCRATIC NATIONAL COMMITTEE, DEMOCRATIC SENATORIAL CAMPAIGN COMMITTEE, VoteVets Action Fund (ELIAS, MARC) |
| Filing 4 Emergency MOTION for Temporary Restraining Order and Preliminary Injunction by DEMOCRATIC NATIONAL COMMITTEE, DEMOCRATIC SENATORIAL CAMPAIGN COMMITTEE, VoteVets Action Fund. (Attachments: #1 Exhibit Memorandum in Support of Emergency Motion for Temporary Restraining Order) (ELIAS, MARC) |
| Filing 3 Corporate Disclosure Statement/Certificate of Interested Persons by DEMOCRATIC NATIONAL COMMITTEE, DEMOCRATIC SENATORIAL CAMPAIGN COMMITTEE, VoteVets Action Fund. (ELIAS, MARC) |
| Filing 2 CIVIL COVER SHEET. (ELIAS, MARC) |
| Filing 1 COMPLAINT for Injunctive and Declaratory Relief against KENNETH W DETZNER ( Filing fee $ 400 receipt number AFLNDC-4331974.), filed by VoteVets Action Fund, DEMOCRATIC SENATORIAL CAMPAIGN COMMITTEE, DEMOCRATIC NATIONAL COMMITTEE. (Attachments: #1 Exhibit Summons) (ELIAS, MARC) Modified on 11/13/2018 to reflect document title (ckm). |
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