FOX et al v. DETZNER et al
| Mike Fox, James Shawn Hunter, Jeff Richards, Susan Pynchon, Nathan Gant, Ryan Ross, Gregory Nason and KINDRA MUNTZ |
| Michael Ertel, Alan Hayes, LORI A SCOTT, Tommy Doyle, Chris Chambless, Vicky Oakes, Debra Clark, Gertrude Walker, Brian Corley, SUSAN GILL, Bill Cowles, Vicky Davis, Maria Matthews, Secretary KEN DETZNER, Craig Latimer, Joyce R Griffin, MIKE HOGAN, Peter Antonacci, KEN DETZNER and Lori Edwards |
| 4:2018cv00529 |
| November 13, 2018 |
| US District Court for the Northern District of Florida |
| ROBERT L HINKLE |
| CHARLES A STAMPELOS |
| MARK E WALKER |
| Civil Rights: Voting |
| 42 U.S.C. § 1983 |
| None |
Docket Report
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This docket was last retrieved on January 7, 2019. A more recent docket listing may be available from PACER.
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Filing 43
ORDER GRANTING EXTENSION TO RESPOND TO MOTION FOR PRELIMINARY INJUNCTION - Defendants' Consent Motion for Extension of Time, ECF No. #42 , is GRANTED. Defendants shall respond to the motion for preliminary injunction on or before 1/23/2019. Signed by CHIEF JUDGE MARK E WALKER on 1/7/2019. (cle)
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| Filing 42 Consent MOTION for Extension of Time to File Response by KEN DETZNER. (BAJOCZKY, ANTHONY) |
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Filing 41
ORDER DISMISSING DEFENDANTS GERTRUDE WALKER AND R. JOYCE GRIFFIN - Plaintiffs have filed their Notice of Dropping Only Two Defendants: Gertrude Walker (St. Lucie County SOE) and R. Joyce Griffin (Monroe County SOE). ECF No. #40 . Neither party has filed a responsive pleading. The notice is effective without an order. This action shall proceed against the remaining defendants. Signed by CHIEF JUDGE MARK E WALKER on 1/3/2019. (cle)
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| Filing 40 NOTICE of Dropping 2 Defendants: Gertrude Walker (St Lucie County SOE) and R Joyce Griffin (Monroe County SOE) by MIKE FOX, NATHAN GANT, JAMES SHAWN HUNTER, KINDRA MUNTZ, GREGORY NASON, SUSAN PYNCHON, JEFF RICHARDS, RYAN ROSS re #28 Amended Complaint, (KUEHNE, BENEDICT) |
| Filing 39 NOTICE of Filing Exhibits for Memorandum in Support of Motion for Preliminary Injunction (Plaintiffs' Exhibits 8 - 10) by MIKE FOX, NATHAN GANT, JAMES SHAWN HUNTER, KINDRA MUNTZ, GREGORY NASON, SUSAN PYNCHON, JEFF RICHARDS, RYAN ROSS re #32 Memorandum in Support (Attachments: #1 Exhibit 8 - Audit USA White Paper, How Digital Ballot Images are Preserved, #2 Exhibit 9 - Audit USA White Paper, ESS Auditing & Adjudication, #3 Exhibit 10 - Audit USA White Paper, Dominion Auditing & Adjudication) (KUEHNE, BENEDICT) Modified on 1/2/2019 to correct the title of the document. (kjw) |
| Filing 38 Summons Issued as to PETER ANTONACCI, LORI EDWARDS. (Attachments: #1 Summons (Edwards)) (blb) |
| Set Deadline as to #30 MOTION for Preliminary Injunction (Internal deadline for referral to judge if response not filed earlier: 1/9/2019). (vkm) |
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Filing 37
ORDER ADMITTING CARL CHRISTIAN SAUTTER PRO HAC VICE. This Court has considered, without hearing, the Motion for Leave to Appear Pro Hac Vice of Carl Christian Sautter. ECF No. #29 . The motion is GRANTED. Mr. Sautter has fulfilled the requirements of the Local Rules for admission and is admitted pro hac vice as counsel for Plaintiffs. Signed by CHIEF JUDGE MARK E WALKER on 12/26/2018. (kjw)
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| Filing 36 NOTICE of Filing Transcript of Broward Canvassing Board, 11-17-2018 by MIKE FOX, NATHAN GANT, JAMES SHAWN HUNTER, GREGORY NASON, SUSAN PYNCHON, JEFF RICHARDS, RYAN ROSS re #32 Memorandum in Support (Attachments: #1 Exhibit Transcript, Broward Canvassing Board, 11-17-2018) (KUEHNE, BENEDICT) |
| Filing 35 NOTICE of Filing Plaintiffs' Exhibits 21-30 to Memorandum in Support of Motion for Preliminary Injunction by MIKE FOX, NATHAN GANT, JAMES SHAWN HUNTER, GREGORY NASON, SUSAN PYNCHON, JEFF RICHARDS, RYAN ROSS re #32 Memorandum in Support (Attachments: #1 Affidavit 21 - Affidavit Michael Fox, #2 Affidavit 22 - Affidavit Gregory Nason, #3 Affidavit 23 - Affidavit Jeffrey Richards, #4 Exhibit 24 - DS850 Operator's Guide, #5 Exhibit 25 - ESS Quick Start Guide, #6 Exhibit 26 - ESS Voting System Functionality, #7 Exhibit 27 - Audit USA White Paper on Automatic Ballot Image, #8 Exhibit 28 - ESS Election Systems and Equipment 101, #9 Exhibit 29 - Florida Voting Systems Qualification Test Report, #10 Exhibit 30 - Florida Voting Systems Standards) (KUEHNE, BENEDICT) |
| Filing 34 NOTICE of Filing Plaintiffs' Exhibits 11-20 to Memorandum in Support of Motion for Prelimainry Injunction by MIKE FOX, NATHAN GANT, JAMES SHAWN HUNTER, GREGORY NASON, SUSAN PYNCHON, JEFF RICHARDS, RYAN ROSS re #32 Memorandum in Support (Attachments: #1 Exhibit 11 - Audit USA Ballot Image Guide, #2 Exhibit 12 - Kuehne Letter to Secretary of State, 10-19-2018, #3 Exhibit 13 - Secretary of State Email to Kuehne 10-31-2018, #4 Exhibit 14 - Division of Elections Director Email Reminder to SOEs, 10-31-2018, #5 Exhibit 15 - Division of Elections Director Clarification Memo, 11-1-2018, #6 Exhibit 18 - Enhancing the Election Process, 4-7-2015, #7 Affidavit 19 - Affidavit James Hunter, #8 Exhibit 16 - Lux Email to SOEs, 11-1-2018, #9 Exhibit 17 - Labasky Memo to SOEs, 11-1-2018, #10 Affidavit 20 - Affidavit, Nathan Gant) (KUEHNE, BENEDICT) |
| Filing 33 NOTICE of Filing Plaintiffs' Exhibits 1-10 to Memorandum Supporting Motion for Preliminary Injunction by MIKE FOX, NATHAN GANT, JAMES SHAWN HUNTER, GREGORY NASON, SUSAN PYNCHON, JEFF RICHARDS, RYAN ROSS re #32 Memorandum in Support (Attachments: #1 Exhibit 1 - Transcript of Broward Canvassing Board, #2 Exhibit 2 - Florida General Records Schedule GS3, #3 Affidavit 3 - Affidavit Dr Ryan, #4 Affidavit 4 - Affidavit John Brakey, #5 Exhibit - ESS EAC Test Plan, #6 Exhibit 6 - ESS Ballot Image Information, #7 Affidavit 7 - Affidavit Susan Pynchon) (KUEHNE, BENEDICT) |
| Filing 32 MEMORANDUM in Support re #30 MOTION for Preliminary Injunction by MIKE FOX, NATHAN GANT, JAMES SHAWN HUNTER, GREGORY NASON, SUSAN PYNCHON, JEFF RICHARDS, RYAN ROSS. (KUEHNE, BENEDICT) |
| Filing 31 NOTICE of Filing Proposed Order on PHV DE29 by MIKE FOX, NATHAN GANT, JAMES SHAWN HUNTER, GREGORY NASON, SUSAN PYNCHON, JEFF RICHARDS, RYAN ROSS re #29 MOTION to Appear Pro Hac Vice by C. Christian Sautter.( Filing fee $ 201 receipt number AFLNDC-4364271.) (Attachments: #1 Text of Proposed Order Proposed Order Granting PHV for C. Christian Sautter) (KUEHNE, BENEDICT) |
| Filing 30 MOTION for Preliminary Injunction by MIKE FOX, NATHAN GANT, JAMES SHAWN HUNTER, GREGORY NASON, SUSAN PYNCHON, JEFF RICHARDS, RYAN ROSS. (KUEHNE, BENEDICT) |
| Filing 29 MOTION to Appear Pro Hac Vice by C. Christian Sautter.( Filing fee $ 201 receipt number AFLNDC-4364271.) by MIKE FOX, NATHAN GANT, JAMES SHAWN HUNTER, GREGORY NASON, SUSAN PYNCHON, JEFF RICHARDS, RYAN ROSS. (Attachments: #1 Exhibit Certificate of Good Standing - Carl Christian Sautter) (KUEHNE, BENEDICT) |
| Filing 28 First AMENDED COMPLAINT for Declaratory Judgment and Injunctive Relief, and Seeking Defendant Class Action Certification against All Defendants filed by RYAN ROSS, NATHAN GANT, MIKE FOX, JEFF RICHARDS, JAMES SHAWN HUNTER, GREGORY NASON, SUSAN PYNCHON. (Attachments: #1 Exhibit Summons, Broward SOE Antonacci, #2 Exhibit Polk County SOE Edwards) (KUEHNE, BENEDICT) |
| Filing 27 STATUS REPORT PLAINTIFFS SUBMISSION IN COMPLIANCE WITH SUPPLEMENT TO ORDER DENYING PLAINTIFFS MOTION DIRECTING PLAINTIFFS TO FILE NOTICE ON HOW TO PROCEED (DE26) by MIKE FOX, NATHAN GANT, JAMES SHAWN HUNTER, GREGORY NASON, SUSAN PYNCHON, JEFF RICHARDS, RYAN ROSS. (KUEHNE, BENEDICT) |
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Filing 26
SUPPLEMENT TO ORDER DENYING PLAINTIFFS' MOTION DIRECTING PLAINTIFFS TO FILE NOTICE ON HOW TO PROCEED - re: #1 Complaint. Plaintiffs are directed to file a notice in this Court indicating how Plaintiffs intend to proceed and what they specifically request of this Court by 12:00 p.m. on 11/20/2018. Signed by CHIEF JUDGE MARK E WALKER on 11/19/2018. (cle)
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| Filing 25 Summons Issued as to JOYCE R GRIFFIN. (cle) |
| Filing 24 Summons Issued as to BRIAN CORLEY. (cle) |
| Filing 23 Summons Issued as to GERTRUDE WALKER. (cle) |
| Filing 22 Summons Issued as to BILL COWLES. (cle) |
| Filing 21 Summons Issued as to CRAIG LATIMER. (cle) |
| Filing 20 Summons Issued as to VICKY DAVIS. (cle) |
| Filing 19 Summons Issued as to TOMMY DOYLE. (cle) |
| Filing 18 Summons Issued as to MIKE HOGAN. (cle) |
| Filing 17 Summons Issued as to VICKY OAKES. (cle) |
| Filing 16 Summons Issued as to ALAN HAYES. (cle) |
| Filing 15 Summons Issued as to CHRIS CHAMBLESS. (cle) |
| Filing 14 Summons Issued as to LORI A SCOTT. (cle) |
| Filing 13 Summons Issued as to SUSAN GILL. (cle) |
| Filing 12 Summons Issued as to MICHAEL ERTEL. (cle) |
| Filing 11 Summons Issued as to DEBRA CLARK. (cle) |
| Filing 10 Summons Issued as to MARIA MATTHEWS. (cle) |
| Filing 9 Summons Issued as to KEN DETZNER. (cle) |
| Filing 8 NOTICE of Appearance by ANTHONY LEE BAJOCZKY, JR on behalf of KEN DETZNER (BAJOCZKY, ANTHONY) |
| Filing 7 NOTICE of Appearance by ERIK MATTHEW FIGLIO on behalf of KEN DETZNER (FIGLIO, ERIK) |
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Filing 6
ORDER DENYING PLAINTIFFS' REQUEST FOR WRIT OF MANDAMUS AND MOTION FOR TEMPORARY RESTRAINING ORDER - re: #1 Complaint. Plaintiffs' request for a writ of mandamus is DENIED. Plaintiffs' motion for a temporary restraining order is DENIED with leave to amend in accordance with Rule 65. Signed by CHIEF JUDGE MARK E WALKER on 11/16/2018. (cle)
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| Filing 5 CIVIL COVER SHEET. (KUEHNE, BENEDICT) |
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Filing 4
ORDER OF DISQUALIFICATION. I hereby disqualify myself from participation as a judge in this case. Signed by SENIOR JUDGE WILLIAM STAFFORD on 11/15/2018. (kjw) **Case reassigned to CHIEF JUDGE MARK E WALKER for all further proceedings. SENIOR JUDGE WILLIAM STAFFORD no longer assigned to case. Please use the new judge's initials for all future filings: 4:18cv529-MW/CAS.
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Filing 3
ORDER OF DISQUALIFICATION. I disqualify myself from this case. Signed by JUDGE ROBERT L HINKLE on 11/14/2018. (kjw) **Case reassigned to SENIOR JUDGE WILLIAM STAFFORD for all further proceedings. JUDGE ROBERT L HINKLE no longer assigned to case. Please use the new judge's initials for all future filings: 4:18cv529-WS/CAS.
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| Filing 2 DOCKET ANNOTATION BY COURT: To Attorney BENEDICT KUEHNE - re: #1 Complaint. Party names (including aliases) are to be added using all caps and no punctuation. (See "Style Guide for Electronic Case Filing," available on Clerk's website.) The party names will be corrected by the clerk. Further, counsel is advised by this entry, that a Civil Cover Sheet must be filed as a separate entry using the event selection "Civil Cover Sheet" which is found under "Other Filings" under "Other Documents". PLEASE RE-FILE THE CIVIL COVER SHEET. (cle) |
| Filing 1 COMPLAINT in Mandamus and Request for Expedited Consideration against All Defendants ( Filing fee $ 400 receipt number AFLNDC-4333289.), filed by Ryan Ross, Nathan Gant, Mike Fox, Jeff Richards, James Shawn Hunter, Gregory Nason, Susan Pynchon. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Exhibit Summons, Secretary of State, #3 Exhibit Summons, Florid Division of Elections, #4 Exhibit Summons, SOE Debra Clark, #5 Exhibit Summons, SOE Michael Ertel, #6 Exhibit Summons, SOE Susan Gill, #7 Exhibit Summons, SOE Lori Scott, #8 Exhibit Summons, SOE Chris Chambless, #9 Exhibit Summons, SOE Alan Hayes, #10 Exhibit Summons, SOE Oakes, #11 Exhibit Summons, SOE Mike Hogan, #12 Exhibit Summons, SOE Tommy Doyle, #13 Exhibit Summons, SOE Vicky Davis, #14 Exhibit Summons, SOE Craig Latimer, #15 Exhibit Summons, SOE Bill Cowles, #16 Exhibit Summons, SOE Gertrude Walker, #17 Exhibit Summons, SOE Brian Corley, #18 Exhibit Summons, SOE R Joyce Griffin) (KUEHNE, BENEDICT) |
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