Coalition for Good Governance et al v. Raffensperger et al
| Jeanne Dufort, Aileen Nakamura, B. Joy Wasson, Coalition for Good Governance, Rhonda J. Martin and Elizabeth Throop |
| Ahn Le, Brad Raffensperger, Rebecca N. Sullivan, David J. Worley and Matthew Mashburn |
| 1:2020cv01677 |
| April 20, 2020 |
| U.S. District Court for the Northern District of Georgia |
| Timothy C Batten |
| Civil Rights: Voting |
| 42 U.S.C. § 1983 |
| None |
Docket Report
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This docket was last retrieved on June 26, 2020. A more recent docket listing may be available from PACER.
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| Filing 62 USCA Acknowledgment of 58 Notice of Appeal, filed by Coalition for Good Governance. Case Appealed to USCA- 11th Circuit. Case Number 20-12362-BB. (pjm) |
| Filing 60 Transmission of Certified Copy of Notice of Appeal, USCA Appeal Fees, Judgment, Orders and Docket Sheet to US Court of Appeals re: 58 Notice of Appeal. (pjm) |
| Filing 59 NOTICE Of Filing NOA Transmittal Letter re: 58 Notice of Appeal. (pjm) |
| Pursuant to F.R.A.P.11(c), the Clerk certifies that the record is complete for purposes of this appeal, 58 Notice of Appeal. Case Appealed to USCA- 11th Circuit. Case Number 20-12362-BB. The entire record on appeal is available electronically. (pjm) |
| Notification of Docket Correction re: 61 USCA Clerk's Entry of Dismissal, as this document was filed in the incorrect case. All of the necessary corrections have been made. (pjm) |
| Filing 61 DOCUMENT FILED IN ERROR USCA Clerk's Entry of Dismissal for Want of Prosecution: Pursuant to the 11th Cir.R.42-1(b), 58 Notice of Appeal, is DISMISSED for want of prosecution because the appellant Brenda S. Burch has failed to pay the filing and docketing fees to the district court within the time fixed by the rules. Case Appealed to USCA- 11th Circuit. Case Number 20-10363-A. (pjm) Modified on 6/26/2020 (pjm). |
| Filing 58 NOTICE OF APPEAL as to 45 Clerk's Judgment, 56 Order on Motion for Reconsideration, 43 Order on Motion for Preliminary Injunction,, Order on Motion for TRO,, Order on Motion to Dismiss,,, by Coalition for Good Governance. Filing fee $ 505, receipt number AGANDC-9839171. Transcript Order Form due on 7/9/2020 (Brown, Bruce) |
Filing 57
ORDER denying as moot 49 Motion to Expedite. Signed by Judge Timothy C. Batten, Sr. on 6/10/2020. (dmb)
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| Submission of 49 MOTION to Expedite Rule 59 Motion for Reconsideration to District Judge Timothy C. Batten Sr. (dmb) |
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Filing 56
ORDER denying 48 Motion for Reconsideration of the Court's 43 Order. Signed by Judge Timothy C. Batten, Sr. on 5/26/2020. (dmb)
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| Filing 55 REPLY BRIEF re 48 MOTION for Reconsideration under Rule 59 of Order Granting Motion to Dismiss , Specifically, Submission of Supplemental Authority, filed by Coalition for Good Governance. (Brown, Bruce) |
| Filing 54 REPLY BRIEF re 48 MOTION for Reconsideration under Rule 59 of Order Granting Motion to Dismiss filed by Coalition for Good Governance. (Brown, Bruce) |
| Filing 53 RESPONSE in Opposition re 48 MOTION for Reconsideration under Rule 59 of Order Granting Motion to Dismiss Defendants' Response in Opposition to Plaintiffs' Motion to Alter or Amend Judgment filed by Ahn Le, Matthew Mashburn, Brad Raffensperger, Rebecca N. Sullivan, David J. Worley. (Belinfante, Joshua) |
| Filing 52 TRANSCRIPT of Proceedings held on 5/14/2020, before Judge Timothy C. Batten, Sr.. Court Reporter/Transcriber Lori Burgess. 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 6/10/2020. Redacted Transcript Deadline set for 6/22/2020. Release of Transcript Restriction set for 8/18/2020. (Attachments: # 1 Notice of Filing Transcript) (llb) |
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Filing 51
ORDER directing Defendants to respond to 48 MOTION for Reconsideration by 5:00pm on 5/22/2020. Signed by Judge Timothy C. Batten, Sr. on 5/20/2020. (dmb)
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| Filing 50 RESPONSE in Opposition re 49 MOTION to Expedite Rule 59 Motion for Reconsideration filed by Ahn Le, Matthew Mashburn, Brad Raffensperger, Rebecca N. Sullivan, David J. Worley. (Tyson, Bryan) |
| Filing 49 MOTION to Expedite Rule 59 Motion for Reconsideration by Coalition for Good Governance. (Brown, Bruce) |
| Filing 48 MOTION for Reconsideration under Rule 59 of Order Granting Motion to Dismiss by Coalition for Good Governance. (Brown, Bruce) |
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Filing 46
ORDER granting 44 Motion for Leave to File. The submission does not affect the Court's order 43 and that order remains the ruling of the Court. Signed by Judge Timothy C. Batten, Sr. on 5/15/2020. (dmb)
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| Filing 45 CLERK'S JUDGMENT (dmb)--Please refer to http://www.ca11.uscourts.gov to obtain an appeals jurisdiction checklist-- |
| Filing 47 Minute Entry for proceedings held before Judge Timothy C. Batten, Sr.: VIDEO Hearing held on 5/14/2020. Oral Arguments heard. Written Order to follow. (Court Reporter Lori Burgess)(rsh) |
| Filing 44 MOTION for Leave to File Post-Hearing Submission by Coalition for Good Governance. (Brown, Bruce) |
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Filing 43
ORDER GRANTING Defendant's 32 Motion to Dismiss and DENYING Plaintiff's 11 Motion for Preliminary Injunction, 20 Motion for Preliminary Injunction, and 27 Motion for TRO. The Clerk is directed to close this case. Signed by Judge Timothy C. Batten, Sr. on 05/14/2020. (usw)
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| Filing 42 AFFIDAVIT Notice of Filing Supplemental Declaration of Marilyn Marks by Coalition for Good Governance. (Brown, Bruce) |
| Judge Timothy C. Batten, Sr. added. (usw) |
| Civil Case Terminated. (usw) Modified on 5/15/2020 (anc). |
| Filing 41 RESPONSE in Opposition re 27 MOTION for Temporary Restraining Order IMMEDIATE HEARING REQUESTED filed by Ahn Le, Matthew Mashburn, Brad Raffensperger, Rebecca N. Sullivan, David J. Worley. (Attachments: # 1 Affidavit Declaration of Michael Barnes, # 2 Affidavit Declaration of Chris Harvey)(Russo, Vincent) |
| Filing 40 RESPONSE re 24 Amicus Curiae Appearance Response to Statement of Interest of the United States on UOCAVA filed by Coalition for Good Governance. (Brown, Bruce) |
| Filing 39 REPLY BRIEF re 11 MOTION for Preliminary Injunction filed by Coalition for Good Governance. (Brown, Bruce) |
| Filing 38 AFFIDAVIT Second Volume of Pre-filed Declarations in Support of Reply in Support of Motion for Preliminary Injunction by Coalition for Good Governance. (Brown, Bruce) |
| Filing 37 RESPONSE in Opposition re 32 MOTION to Dismiss Plaintiffs' Complaint on Standing and Eleventh Amendment Defenses filed by Coalition for Good Governance. (Brown, Bruce) |
| GENERAL INFORMATION related to VIDEO HEARING re: 11 Motion for Preliminary Injunction. The hearing will be held primarily via teleconference/Zoom as noted. However, the proceeding will also be held in open court on 05/14/2020 at 2:00 p.m. in ATLA Courtroom 2016 before Judge Timothy C. Batten, Sr. for any spectators who wish to attend. (usw) |
| Filing 36 AFFIDAVIT Prefiling of Reply Brief Declarations in Support of Motion for Preliminary Injunction by Coalition for Good Governance. (Brown, Bruce) |
| Filing 35 RESPONSE re 34 MOTION for Hearing Via Remote Defendants' Response to Plaintiffs' Motion for Remote Hearing filed by Ahn Le, Matthew Mashburn, Brad Raffensperger, Rebecca N. Sullivan, David J. Worley. (Belinfante, Joshua) |
| Filing 34 MOTION for Hearing Via Remote by Coalition for Good Governance. (Brown, Bruce) |
| MINUTE ORDER GRANTING Plaintiffs' 31 Motion for Leave to File Excess Pages and 34 Motion for Remote Hearing. Entered by CRD at the direction of Judge Timothy C. Batten, Sr. (usw) |
| NOTICE OF VIDEO PROCEEDING re: 11 MOTION for Preliminary Injunction. Hearing set for 05/14/2020 at 2:00 p.m. before Judge Timothy C. Batten, Sr. Connection Instructions: Meeting ID: 160 451 7473 Password: 818789 One tap mobile +16692545252,,1604517473#,,1#,818789# US (San Jose) +16468287666,,1604517473#,,1#,818789# US (New York) Dial by your location +1 669 254 5252 US (San Jose) +1 646 828 7666 US (New York) Meeting ID: 160 451 7473 Password: 818789 Find your local number: https://ganduscourts.zoomgov.com/u/ablk5hFhBj Join by SIP1604517473@sip.zoomgov.com Join by H.323 161.199.138.10 (US West) 161.199.136.10 (US East) Meeting ID: 160 451 7473 Password: 818789 Photographing, recording, or broadcasting of any judicial proceedings, including proceedings held by video teleconferencing or telephone conferencing, is strictly and absolutely prohibited. (usw) |
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ORDER: Plaintiffs are directed to respond to the portions of Defendants' motion to dismiss regarding (1) standing and (2) Eleventh Amendment immunity by 9:00 p.m. EDT on Wednesday, May 13. With respect to the first issue, Plaintiffs should address the Eleventh Circuit's recent holding in Jacobson v. Florida Secretary of State, No. 19 14552, 2020 U.S. App. LEXIS 13714 (11th Cir. Apr. 29, 2020). Signed by Judge Timothy C. Batten, Sr. on 5/12/20. (rsh)
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| Notification of Docket Correction re 30 Order on Motion to Bring Audio/Visual/Electronic Equipment in the Courtroom. Order and docket text corrected to reflect correct hearing date. (usw) |
| Filing 33 RESPONSE in Opposition re 20 MOTION for Preliminary Injunction (Brief Only), 11 MOTION for Preliminary Injunction filed by Ahn Le, Matthew Mashburn, Brad Raffensperger, Rebecca N. Sullivan, David J. Worley. (Attachments: # 1 Exhibit Harvey Decl., # 2 Exhibit Sterling Decl., # 3 Exhibit OPB Decl., # 4 Exhibit Barnes Decl., # 5 Exhibit FFA v. Raffensperger Order Denying Prelim Inj, # 6 Exhibit SEB Emergency Rule 183-1-14-0.6-.14, # 7 Exhibit GALEO Order Denying Prelim Inj)(Belinfante, Joshua) |
| Filing 32 MOTION to Dismiss Plaintiffs' Complaint with Brief In Support by Ahn Le, Matthew Mashburn, Brad Raffensperger, Rebecca N. Sullivan, David J. Worley. (Attachments: # 1 Brief in Support)(Tyson, Bryan) |
| Filing 31 MOTION for Leave to File Excess Pages in Reply in Support of Motion for Preliminary Injunction by Coalition for Good Governance. (Brown, Bruce) |
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Filing 30
ORDER granting 28 Motion to Bring Audio/Visual/Electronic Equipment in the Courtroom on 5/14/2020. Signed by Judge Timothy C. Batten, Sr. on 5/11/2020. (dmb) Modified on 5/12/2020 to attach correct pdf and edit docket text reflecting correct date of hearing (usw). (Additional attachment(s) added on 5/12/2020: # 1 Order with Correct Hearing Date) (usw).
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Filing 29
ORDER: Motion 25 for Leave to File a Brief in Excess of 25 Pages, which seeks leave to file a brief in response to Plaintiffs' Motion for Preliminary Injunction, not to exceed 35 pages, and for good cause shown, Defendants' motion is GRANTED. Signed by Judge Timothy C. Batten, Sr. on 5/11/20. (rsh)
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| Filing 28 Motion to Bring Audio/Visual/Electronic Equipment in the Courtroom by Coalition for Good Governance. (Brown, Bruce) |
| Filing 27 MOTION for Temporary Restraining Order IMMEDIATE HEARING REQUESTEDby Coalition for Good Governance. (Brown, Bruce) |
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Filing 26
ORDER directing Plaintiffs to file Reply Brief in support of their motion for preliminary injunction by 12:00 noon on 5/13/2020. In-person Hearing set for 5/14/2020 at 02:00 PM in ATLA Courtroom 2106 before Judge Timothy C. Batten Sr. Signed by Judge Timothy C. Batten, Sr. on 5/11/20. (rsh)
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| Filing 25 Unopposed MOTION for Order for Leave to File a Brief in Excess of 25 Pages by Ahn Le, Matthew Mashburn, Brad Raffensperger, Rebecca N. Sullivan, David J. Worley. (Attachments: # 1 Text of Proposed Order)(Belinfante, Joshua) |
| Filing 24 Amicus Curiae APPEARANCE entered by Janie Allison (Jaye) Sitton on behalf of United States of America. (Sitton, Janie) |
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Filing 23
ORDER directing Plaintiff to file a reply brief in support of their motion for preliminary injunction by 12:00pm on 5/14/2020. Motion Hearing set for 5/15/2020 at 02:00 PM in ATLA Courtroom 2106 before Judge Timothy C. Batten Sr. Signed by Judge Timothy C. Batten, Sr. on 5/5/2020. (dmb)
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| Filing 22 MOTION for Hearing re 11 MOTION for Preliminary Injunction by Coalition for Good Governance, Jeanne Dufort, Rhonda J. Martin, Aileen Nakamura, Elizabeth Throop, B. Joy Wasson. (Brown, Bruce) |
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Filing 21
SECOND AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONA VIRUS. Signed by Judge Thomas W. Thrash, Jr. on 04/30/2020. (mmc) (ADI)
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| MINUTE ORDER GRANTING Robert Alexander McGuire, III's 15 Application for Admission Pro Hac Vice. Entered by CRD at the direction of Judge Timothy C. Batten, Sr. 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.(usw) |
| Filing 20 MOTION for Preliminary Injunction (Brief Only) with Brief In Support by Coalition for Good Governance, Jeanne Dufort, Rhonda J. Martin, Aileen Nakamura, Elizabeth Throop, B. Joy Wasson. (Attachments: # 1 Text of Proposed Order)(Brown, Bruce) |
| Filing 19 NOTICE by Ahn Le, Matthew Mashburn, Brad Raffensperger, Rebecca N. Sullivan, David J. Worley re 13 Order on Motion for Order,, Defendants' Notice Regarding Changes to Election Procedures (Tyson, Bryan) |
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Filing 18
ORDER granting in part 16 Motion for Leave to File Excess Pages. Plaintiffs will be permitted to file a brief no longer than 35 pages in support for their motion for a preliminary injunction. Defendants response to Plaintiff's Motion for Preliminary injunction will be due 5/12/2020. Signed by Judge Timothy C. Batten, Sr. on 4/28/2020. (dmb)
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| Filing 17 RESPONSE in Opposition re 16 MOTION for Leave to File Excess Pages with Proposed Order filed by Ahn Le, Matthew Mashburn, Brad Raffensperger, Rebecca N. Sullivan, David J. Worley. (Tyson, Bryan) |
| Filing 16 MOTION for Leave to File Excess Pages with Proposed Order by Coalition for Good Governance, Jeanne Dufort, Rhonda J. Martin, Aileen Nakamura, Elizabeth Throop, B. Joy Wasson. (Brown, Bruce) |
| APPROVAL by Clerks Office re: 15 APPLICATION for Admission of Robert Alexander McGuire, III Pro Hac Vice (Application fee $ 150, receipt number AGANDC-9633469).. Attorney Robert Alexander McGuire, III added appearing on behalf of Coalition for Good Governance (cdg) |
| Filing 15 APPLICATION for Admission of Robert Alexander McGuire, III Pro Hac Vice (Application fee $ 150, receipt number AGANDC-9633469).by Coalition for Good Governance, Jeanne Dufort, Rhonda J. Martin, Aileen Nakamura, Elizabeth Throop, B. Joy Wasson. (Brown, Bruce) Documents for this entry are not available for viewing outside the courthouse. |
| Filing 14 WAIVER OF SERVICE Returned Executed by Coalition for Good Governance. All Defendants. (Brown, Bruce) |
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Filing 13
ORDER granting 12 Motion for Order. Plaintiff's 11 Motion for Preliminary Injunction is accepted as filed without a supporting brief or proposed order. Proposed order and supporting brief shall be filed by 4/29/2020. Defendants shall file responses by 5/4/2020. A hearing on the Motion is to be determined. Defendants shall inform the Court and Plaintiffs by 4/28/2020 as to which of the remedies or changes to procedures described in 11 Motion they intend to make. Signed by Judge Timothy C. Batten, Sr. on 4/27/2020. (dmb)
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| Filing 12 MOTION for Order to Waive Usual Rules, For Hearing, and for Briefing Schedule by Coalition for Good Governance, Jeanne Dufort, Rhonda J. Martin, Aileen Nakamura, Elizabeth Throop, B. Joy Wasson. (Brown, Bruce) |
| Filing 11 MOTION for Preliminary Injunction by Coalition for Good Governance, Jeanne Dufort, Rhonda J. Martin, Aileen Nakamura, Elizabeth Throop, B. Joy Wasson. (Brown, Bruce) |
| Filing 10 NOTICE of Appearance by Diane Festin LaRoss on behalf of Ahn Le, Matthew Mashburn, Brad Raffensperger, Rebecca N. Sullivan, David J. Worley (LaRoss, Diane) |
| Filing 9 NOTICE of Appearance by Bryan Francis Jacoutot on behalf of Ahn Le, Matthew Mashburn, Brad Raffensperger, Rebecca N. Sullivan, David J. Worley (Jacoutot, Bryan) |
| Filing 8 NOTICE of Appearance by Vincent Robert Russo, Jr on behalf of Ahn Le, Matthew Mashburn, Brad Raffensperger, Rebecca N. Sullivan, David J. Worley (Russo, Vincent) |
| Filing 7 NOTICE of Appearance by Joshua Barrett Belinfante on behalf of Ahn Le, Matthew Mashburn, Brad Raffensperger, Rebecca N. Sullivan, David J. Worley (Belinfante, Joshua) |
| Filing 6 NOTICE of Appearance by Melanie Leigh Johnson on behalf of Ahn Le, Matthew Mashburn, Brad Raffensperger, Rebecca N. Sullivan, David J. Worley (Johnson, Melanie) |
| Filing 5 NOTICE of Appearance by Carey Allen Miller on behalf of Ahn Le, Matthew Mashburn, Brad Raffensperger, Rebecca N. Sullivan, David J. Worley (Miller, Carey) |
| Filing 4 NOTICE of Appearance by Loree Anne Paradise on behalf of Ahn Le, Matthew Mashburn, Brad Raffensperger, Rebecca N. Sullivan, David J. Worley (Paradise, Loree Anne) |
| Filing 3 NOTICE of Appearance by Bryan P. Tyson on behalf of Ahn Le, Matthew Mashburn, Brad Raffensperger, Rebecca N. Sullivan, David J. Worley (Tyson, Bryan) |
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Filing 2
AMENDED GENERAL ORDER RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONA VIRUS. Signed by Judge Thomas W. Thrash, Jr. on 3/30/20. (eop)
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| Filing 1 COMPLAINT filed by Aileen Nakamura, B. Joy Wasson, Elizabeth Throop, Coalition for Good Governance, Rhonda J. Martin and Jeanne Dufort. (Filing fee $400.00, receipt number AGANDC-9610605) (Attachments: # 1 Civil Cover Sheet)(eop) 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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