The Democratic Party of Georgia, Inc. v. Crittenden
| The Democratic Party of Georgia, Inc. |
| Robyn A. Crittenden |
| 1:2018cv05443 |
| November 29, 2018 |
| US District Court for the Northern District of Georgia |
| Amy Totenberg |
| Civil Rights: Voting |
| 42 U.S.C. ยง 1983 |
| None |
Docket Report
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Filing 6
CONSENT ORDER - 1) The Secretary shall issue a bulletin immediately, and by no later than 6:00 PM on Friday, November 30, 2018, to all county election superintendents and direct them to determine for any absentee ballot postmarked on or before December 4, 2018, and received by county election officials by December 7, 2018, whether the absentee ballot is valid under the laws of the State of Georgia as well as any applicable existing federal court orders and any election bulletins previously issued by the Secretary of State. Such bulletin shall direct county officials that, if an absentee ballot bears a postmark, such postmark is dated on or before December 4, 2018, such ballot is otherwise valid pursuant to Georgia law and existing federal court orders in effect for the general election runoff, and the ballot is received by county election officials on or before December 7, 2018, such absentee ballot shall be counted and included with the certified election returns submitted by the applicable county. The Secretary shall also provide all county election superintendents a copy of this Order contemporaneous with the issuance of the election bulletin described above. 2) The Secretary agrees, for the December 4, 2018 general election runoff, to provide notice to the public by issuing a press release by 6:30 PM on Friday, November 30, 2018, reporting that all otherwise valid absentee ballots postmarked on or before December 4, 2018, the date for the general election runoff in Georgia, and received by county election officials by December 7, 2018, shall be counted by local election officials and included in the certified election returns submitted by the respective counties. 3) The Secretary agrees to provide notice to the public on the Secretary of State's website that any otherwise valid absentee ballot postmarked on or before December 4, 2018, the date for the general election runoff in Georgia, and received by county election officials by December 7, 2018, shall be counted by local election officials and included in the returns submitted by the respective counties. Such notice will be posted on the Secretarys website no later than 10:00 AM onSaturday, December 1, 2018. 4) Nothing in this consent order shall permit the counting of any absentee ballots received by county election officials after the close of the polls at 7:00 PM on Tuesday, December 4, 2018, which bear no postmark. Nothing in this consent order shall permit the counting of absentee ballots hand-delivered to county election officials after the close of the polls at 7:00 PM on Tuesday, December 4, 2018. Nothing in this consent order shall permit the counting of any absentee ballots received by county election officials after Friday, December 7, 2018. 5) The Parties agree that each party shall bear its own costs and fees incurred in bringing or defending this action, and that neither party shall have a claim upon the other for fees or costs incurred in this action. 6) The Parties agree that this order shall apply only to the December 4, 2018, general election runoff, and that nothing in this Consent Order shall have any application to the conduct of any future elections. 7) Upon entry of this Consent Order by the Court, this case shall be administratively closed until such time as the Secretary has certified the final results of the December 4, 2018, general election runoff, at which time, unless either party has moved the Court to reopen this litigation for violation of this consent order within two business days of the certification by the Secretary of the results of the December 4, 2018, general election runoff, this Court shall enter an order of dismissal. Signed by Judge Amy Totenberg on 11/30/2018. (bdb)
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| Filing 5 NOTICE Of Filing by Robyn A. Crittenden (Attachments: #1 Text of Proposed Order Proposed Consent Order)(Willard, Russell) |
| Filing 4 NOTICE of Appearance by Russell D. Willard on behalf of Robyn A. Crittenden (Willard, Russell) |
| Submission of #2 Emergency MOTION for Preliminary Injunction, to District Judge Amy Totenberg. (bdb) |
| Civil Case Terminated. (bdb) |
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Filing 3
ORDER: Plaintiffs Complaint and Emergency Motion for Preliminary Injunction are currently before the Court. [Docs. 1, 2]. Given the emergency nature of the relief requested and immediate timelines at issue, the Court will hold a hearing on this matter on November 30, 2018 at 12:00 PM. Counsel for Plaintiff are directed to transmit this Order to Defense Counsel immediately upon receipt as well as any other filings not sent as of this time, if there are such. If Counsel for the parties have not in earnest discussed the feasibility of the relief sought in the Plaintiffs action prior to this time, they are DIRECTED to engage in such discussion prior to the hearing schedule for tomorrow at noon. (Evidentiary Hearing set for 11/30/2018 at 12:00 PM in ATLA Courtroom 2308 before Judge Amy Totenberg) Signed by Judge Amy Totenberg on 11/29/18. (hfm)
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| Filing 2 Emergency MOTION for Preliminary Injunction with Brief In Support by The Democratic Party of Georgia, Inc.. (Attachments: #1 Exhibit Certification of Statewide Elections Results, #2 Exhibit Postal Facility Closing in GA, #3 Exhibit Declaration of Randy Richie, #4 Exhibit Declaration of Daniel R. Die, #5 Exhibit Notice of Emergency Hearing Request, #6 Text of Proposed Order Proposed Order)(Knapp, Halsey) |
| Filing 1 TRO - IMMEDIATE HEARING REQUESTED - COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF EMERGENCY RELIEF REQUESTED filed by The Democratic Party of Georgia, Inc. (Filing fee $400, receipt number 113E-8301022) (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Civil Cover Sheet)(bdb) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions and Pretrial Associated Forms which includes the Consent To Proceed Before U.S. Magistrate form. |
| Submission of #1 TRO - Complaint, to District Judge Amy Totenberg. (bdb) |
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| Plaintiff: The Democratic Party of Georgia, Inc. | |
| Represented By: | Halsey G. Knapp, Jr. |
| Represented By: | Adam Martin Sparks |
| Represented By: | Halsey G. Knapp, Jr |
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| Defendant: Robyn A. Crittenden | |
| Represented By: | Russell D. Willard |
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