Gwinnett County NAACP et al v. Gwinnett County Board of Registration and Elections et al
| Georgia State Conference of the NAACP, Georgia Coalition for the Peoples' Agenda, Inc. and Gwinnett County NAACP |
| Charlotte Nash, Ben Satterfield, Alice O'Lenick, John Mangano, Ben Ku, Marlene Fosque, Beauty Baldwin, Stephen Day, Tommy Hunter, Gwinnett County Board of Registration and Elections and Jace Brooks |
| 1:2020cv00912 |
| February 27, 2020 |
| US District Court for the Northern District of Georgia |
| Steven D Grimberg |
| Civil Rights: Voting |
| 42 U.S.C. § 1983 |
| None |
Docket Report
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| Filing 31 TRANSCRIPT of the Motion for Temporary Restraining Order Hearing Proceedings held on March 2, 2020, before Judge Steven D. Grimberg. Court Reporter/Transcriber Alicia B. Bagley. A full directory of court reporters and their contact information can be found at www.gand.uscourts.gov/directory-court-reporters. 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 4/6/2020. Redacted Transcript Deadline set for 4/16/2020. Release of Transcript Restriction set for 6/15/2020. Attachments: #1 Notice of Filing of Official Transcript) (kac) |
| Civil Case Terminated. (jed) |
| Clerk's Entry of Dismissal APPROVING #30 Notice of Voluntary Dismissal pursuant to Fed.R.Civ.P.41(a)(1)(A)(i) (jed) |
| Filing 30 NOTICE of Voluntary Dismissal Pursuant to Fed.R.Civ.P. 41 filed by Georgia Coalition for the Peoples' Agenda, Inc., Georgia State Conference of the NAACP, Gwinnett County NAACP (Dempsey, Jennifer) |
| Filing 29 MOTION to Dismiss - Suggestion of Mootness of Plaintiffs' Complaint with Brief In Support by Beauty Baldwin, Jace Brooks, Stephen Day, Marlene Fosque, Gwinnett County Board of Registration and Elections, Tommy Hunter, Ben Ku, John Mangano, Charlotte Nash, Alice O'Lenick, Ben Satterfield. (Tyson, Bryan) |
| Filing 28 NOTICE TO COURT regarding RECLAMATION AND DISPOSITION OF UNCLAIMED EXHIBITS pursuant to Local Rule 79.1D(2) filed by Georgia Coalition for the Peoples' Agenda, Inc., Georgia State Conference of the NAACP, Gwinnett County NAACP. Exhibits to be Destroyed.. (Dempsey, Jennifer) |
Filing 27
ORDER DENYING Plaintiffs' #2 Emergency MOTION for Temporary Restraining Order and MOTION for Preliminary Injunction. Signed by Judge Steven D. Grimberg on 3/3/2020. (kmj) Modified on 3/4/2020 to correct docket text (rvb).
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| Filing 26 NOTICE TO COUNSEL OF RECORD for Georgia Coalition for the Peoples' Agenda, Inc., Georgia State Conference of the NAACP, and Gwinnett County NAACP regarding RECLAMATION AND DISPOSITION OF UNCLAIMED Documentary EXHIBITS pursuant to Local Rule 79.1D. Re: #25 Exhibits. (jed) |
| Filing 25 EXHIBITS admitted and retained at the #24 Motion's Hearing have been received from Courtroom Deputy and placed in the custody of the Records Clerks. (Attachments: #1 Exhibit 1) (jed) (Additional attachment(s) added on 3/3/2020: #2 Exhibit 1 (corrected)) (kdw). |
| Filing 24 Minute Entry for proceedings held before Judge Steven D. Grimberg: The Court held a hearing on Plaintiff's #2 Motion for TRO and Motion for Preliminary Injunction. The Court heard oral arguments from both parties. Plaintiff's witness, Helen Butler, was sworn in and testified. Defendant's witness, Lynn Ledford, was sworn in and testified. Exhibit 1 was admitted without objections. The Court DENIED #2 Motion for TRO and Preliminary Injunction. Written order to follow. See transcript for more details. (Exhibit retained to be forwarded to the Clerks Office.). (Court Reporter Alicia Bagley)(jed) |
| Filing 23 Return of Service Executed by Georgia State Conference of the NAACP, Georgia Coalition for the Peoples' Agenda, Inc., Gwinnett County NAACP. Jace Brooks served on 2/28/2020, answer due 3/20/2020. (Dempsey, Jennifer) |
| Filing 22 Return of Service Executed by Georgia State Conference of the NAACP, Georgia Coalition for the Peoples' Agenda, Inc., Gwinnett County NAACP. Charlotte Nash served on 2/28/2020, answer due 3/20/2020. (Dempsey, Jennifer) |
| Filing 21 Return of Service Executed by Georgia State Conference of the NAACP, Georgia Coalition for the Peoples' Agenda, Inc., Gwinnett County NAACP. Tommy Hunter served on 2/28/2020, answer due 3/20/2020. (Dempsey, Jennifer) |
| Filing 20 Return of Service Executed by Georgia State Conference of the NAACP, Georgia Coalition for the Peoples' Agenda, Inc., Gwinnett County NAACP. Marlene Fosque served on 2/28/2020, answer due 3/20/2020. (Dempsey, Jennifer) |
| Filing 19 Return of Service Executed by Georgia State Conference of the NAACP, Georgia Coalition for the Peoples' Agenda, Inc., Gwinnett County NAACP. Ben Ku served on 2/28/2020, answer due 3/20/2020. (Dempsey, Jennifer) |
| Filing 18 Return of Service Executed by Georgia State Conference of the NAACP, Georgia Coalition for the Peoples' Agenda, Inc., Gwinnett County NAACP. Beauty Baldwin served on 3/1/2020, answer due 3/23/2020. (Dempsey, Jennifer) |
| Filing 17 Return of Service Executed by Georgia State Conference of the NAACP, Georgia Coalition for the Peoples' Agenda, Inc., Gwinnett County NAACP. Ben Satterfield served on 3/1/2020, answer due 3/23/2020. (Dempsey, Jennifer) |
| Filing 16 Return of Service Executed by Georgia State Conference of the NAACP, Georgia Coalition for the Peoples' Agenda, Inc., Gwinnett County NAACP. Stephen Day served on 3/1/2020, answer due 3/23/2020. (Dempsey, Jennifer) |
| Filing 15 Return of Service Executed by Georgia State Conference of the NAACP, Georgia Coalition for the Peoples' Agenda, Inc., Gwinnett County NAACP. John Mangano served on 3/1/2020, answer due 3/23/2020. (Dempsey, Jennifer) |
| Filing 14 Return of Service Executed by Georgia State Conference of the NAACP, Georgia Coalition for the Peoples' Agenda, Inc., Gwinnett County NAACP. Gwinnett County Board of Registration and Elections served on 2/28/2020, answer due 3/20/2020. (Dempsey, Jennifer) |
| Filing 13 NOTICE Of Filing Past Early Voting Hours by Beauty Baldwin, Jace Brooks, Stephen Day, Marlene Fosque, Gwinnett County Board of Registration and Elections, Tommy Hunter, Ben Ku, John Mangano, Charlotte Nash, Alice O'Lenick, Ben Satterfield re #10 Response in Opposition to Motion, (Tyson, Bryan) |
| Filing 12 NOTICE of Appearance by Bryan Francis Jacoutot on behalf of Beauty Baldwin, Jace Brooks, Stephen Day, Marlene Fosque, Gwinnett County Board of Registration and Elections, Tommy Hunter, Ben Ku, John Mangano, Charlotte Nash, Alice O'Lenick, Ben Satterfield (Jacoutot, Bryan) |
| Filing 11 NOTICE Of Filing Corrected Declaration by Beauty Baldwin, Jace Brooks, Stephen Day, Marlene Fosque, Gwinnett County Board of Registration and Elections, Tommy Hunter, Ben Ku, John Mangano, Charlotte Nash, Alice O'Lenick, Ben Satterfield re #10 Response in Opposition to Motion, (Attachments: #1 Exhibit A - Corrected Declaration of Lynn Ledford)(Tyson, Bryan) |
| Filing 10 RESPONSE in Opposition re #2 MOTION for Temporary Restraining Order IMMEDIATE HEARING REQUESTED MOTION for Preliminary Injunction filed by Beauty Baldwin, Jace Brooks, Stephen Day, Marlene Fosque, Gwinnett County Board of Registration and Elections, Tommy Hunter, Ben Ku, John Mangano, Charlotte Nash, Alice O'Lenick, Ben Satterfield. (Attachments: #1 Exhibit A - Declaration of Lynn Ledford)(Tyson, Bryan) |
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Filing 9
ORDER granting #5 Application of John Michael Powers for Admission Pro Hac Vice. Signed by Judge Steven D. Grimberg on 3/2/2020. If the applicant does not have CM/ECF access in the Northern District of Georgia already, they must request access at http://pacer.gov. If they have electronically filed in this district in a previous case, please omit this step.(jed)
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| Filing 8 PROPOSED ORDER Plaintiffs' Proposed Order Granting Motion for Temporary Restraining Order and Preliminary Injunction re: #2 MOTION for Temporary Restraining Order IMMEDIATE HEARING REQUESTED MOTION for Preliminary Injunction. (Dempsey, Jennifer) |
| Filing 7 NOTICE of Appearance by Diane Festin LaRoss on behalf of Beauty Baldwin, Jace Brooks, Stephen Day, Marlene Fosque, Gwinnett County Board of Registration and Elections, Tommy Hunter, Ben Ku, John Mangano, Charlotte Nash, Alice O'Lenick, Ben Satterfield (LaRoss, Diane) |
| Filing 6 NOTICE of Appearance by Bryan P. Tyson on behalf of Beauty Baldwin, Jace Brooks, Stephen Day, Marlene Fosque, Gwinnett County Board of Registration and Elections, Tommy Hunter, Ben Ku, John Mangano, Charlotte Nash, Alice O'Lenick, Ben Satterfield (Tyson, Bryan) |
| Filing 5 APPLICATION for Admission of John Michael Powers Pro Hac Vice (Application fee $ 150, receipt number AGANDC-9426386).by Georgia Coalition for the Peoples' Agenda, Inc., Georgia State Conference of the NAACP, Gwinnett County NAACP. (Dempsey, Jennifer) Documents for this entry are not available for viewing outside the courthouse. Modified on 2/28/2020 to reopen. (aaq). |
| Filing 4 NOTICE of Hearing: The Court sets a hearing in this case on Plaintiffs' #2 Emergency Motion for a Temporary Restraining Order and Preliminary Injunction for Monday, March 2, 2020 at 2 p.m. before the Honorable Steven D. Grimberg, in Courtroom 1707, Richard B. Russell Federal Building, 75 Ted Turner Drive, S.W., Atlanta, Georgia 30303. Plaintiffs are DIRECTED to serve a copy of this notice on Defendants promptly. If Defendants choose to provide the Court with a written response to Plaintiffs' motion prior to the hearing, they are DIRECTED to do so by 10 a.m. on Monday, March 2, 2020.(jed) |
| Filing 3 Electronic Summons Issued as to Gwinnett County Board of Registration and Elections, Beauty Baldwin, Jace Brooks, Stephen Day, Marlene Fosque, Tommy Hunter, Ben Ku, John Mangano, Charlotte Nash, Alice O'Lenick, and Ben Satterfield. (Attachments: #1 Summons Stephen Day, #2 Summons Ben Satterfield, #3 Summons Beauty Baldwin, #4 Summons Alice O'Lenick, #5 Summons Ben Ku, #6 Summons Marlene Fosque, #7 Summons Tommy Hunter, #8 Summons Charlotte Nash, #9 Summons Jace Brooks, #10 Summons Gwinnett County Board of Registration and Elections)(jed) |
| Submission of #2 MOTION for Temporary Restraining Order and Preliminary Injunction IMMEDIATE HEARING REQUESTED and #1 Complaint to District Judge Steven D. Grimberg. (jed) |
| APPROVAL by Clerks Office re: #5 APPLICATION for Admission of John Michael Powers Pro Hac Vice (Application fee $ 150, receipt number AGANDC-9426386).. Attorney John Michael Powers added appearing on behalf of Georgia Coalition for the Peoples' Agenda, Inc., Georgia State Conference of the NAACP, Gwinnett County NAACP (nmb) |
| ---ENTRY MADE IN ERROR--- RETURN of #5 APPLICATION for Admission of John Michael Powers Pro Hac Vice (Application fee $ 150, receipt number AGANDC-9426386). to attorney for correction pertaining to Courts. (nmb) Modified on 2/28/2020 to edit text (aaq). |
| Notification of Docket Correction re ---ENTRY MADE IN ERROR--- RETURN of 5 APPLICATION for Admission of John Michael Powers Pro Hac Vice (Application fee $ 150, receipt number AGANDC-9426386). to attorney for correction pertaining to Courts. (nmb) Modified on 2/28/2020 to edit text (aaq). (aaq) |
| Filing 2 MOTION for Temporary Restraining Order and Preliminary Injunction and Request for Expedited Consideration IMMEDIATE HEARING REQUESTED by Georgia Coalition for the Peoples' Agenda, Inc., Georgia State Conference of the NAACP, Gwinnett County NAACP. (Attachments: #1 Brief Memorandum of Law in Support of Temporary Restraining Order and Preliminary Injunction and Request for Expedited Treatment, #2 Exhibit 1- Declaration of Helen Butler, #3 Exhibit 2- Declaration of Penny Poole, #4 Exhibit 3- Declaration of James Major Woodall, #5 Exhibit 4- Deposition of Daniel T. Hunter, #6 Exhibit 5- Deposition of Charlotte Nash, #7 Exhibit 6- Deposition of Jace Brooks, #8 Exhibit 7- Package confirming approval of $1.4M in contingency funds, #9 Exhibit 8- Day- Royston email thread with scedule combined, #10 Exhibit 9- 01-29-2020 Charlotte Nash email re Contingency fund, #11 Exhibit 10- 01-22-2020 Email from Marlene Fosque, #12 Exhibit 11- 01-21-2020 Email thread involving Kevin Williams, #13 Exhibit 12- Letters from Plaintiffs dated 02-18-2020 and 01-22-2020, #14 Exhibit 13- 01-22-2020 Email thread between Charlotte Nash and Tina Fleming, #15 Exhibit 14- Equipment inventories as of 02-12-2020 and 02-24-2020, #16 Exhibit 15- 01-21-2020 BORE Meeting Minutes, #17 Exhibit 16- 02-18-2020 Unofficial BORE Meeting Minutes) (jed). Added MOTION for Preliminary Injunction on 2/28/2020 (jed). |
| Filing 1 COMPLAINT filed by Gwinnett County NAACP, Georgia State Conference of the NAACP, and Georgia Coalition for the Peoples' Agenda, Inc. (Filing fee $400, receipt number AGANDC-9423121) (Attachments: #1 Civil Cover Sheet) (jed) 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. |
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