Gonzalez et al v. Kemp et al
| Deborah Gonzalez, April Boyer Brown, Linda Lloyd, Adam Shirley and Andrea Wellnitz |
| Hon. Brian Kemp and Brad Raffensperger |
| 1:2020cv02118 |
| May 18, 2020 |
| US District Court for the Northern District of Georgia |
| Mark H Cohen |
| Civil Rights: Voting |
| 42 U.S.C. § 1983 |
| None |
Docket Report
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This docket was last retrieved on July 16, 2020. A more recent docket listing may be available from PACER.
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| Filing 31 PROPOSED ORDER Proposed Joint Order Regarding Election Procedures re: #22 Order on Motion for Preliminary Injunction,,,,,,,,, Order on Motion for Leave to File,,,,,,,,. (Young, Elizabeth) |
Filing 30
ORDER denying #25 Motion to Stay Pending Appeal of Preliminary Injunction. Signed by Judge Mark H. Cohen on 7/16/20. (bjh)
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| Filing 29 RESPONSE in Opposition re #25 MOTION to Stay Pending Appeal filed by Deborah Gonzalez. (Brown, Bruce) |
| Filing 28 Transmission of Certified Copy of Notice of Appeal, USCA Appeal Fees, Order and Docket Sheet to US Court of Appeals re: #26 Notice of Appeal. (pjm) |
| Filing 27 NOTICE Of Filing NOA Transmittal Letter re: #26 Notice of Appeal. (pjm) |
| Filing 26 NOTICE OF APPEAL as to #22 Order on Motion for Preliminary Injunction,,,,,,,,, Order on Motion for Leave to File,,,,,,,, by Brian Kemp, Brad Raffensperger. Filing fee $ 505, receipt number CGANDC-9916287. Transcript Order Form due on 7/29/2020 (Attachments: #1 Exhibit Order (Doc 22))(Young, Elizabeth) |
| Filing 25 MOTION to Stay Pending Appeal with Brief In Support by Brian Kemp, Brad Raffensperger. (Young, Elizabeth) |
| Filing 24 MOTION for Attorney Fees by Deborah Gonzalez. (Brown, Bruce) |
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Filing 23
FIFTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONAVIRUS. Signed by Judge Thomas W. Thrash, Jr. on 7/10/2020 (mmc) (ADI)
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Filing 22
ORDER: It is hereby ORDERED that Plaintiffs' Motion for Preliminary Injunction #5 is GRANTED. Defendants are PRELIMINARILY ENJOINED from following the portion of O.C.G.A. 45-5-3.2 that would prevent an election for District Attorney for the Western Judicial Circuit on November 3, 2020. Nothing contained in this Order shall prevent Governor Kemp from filling the existing vacancy in the office of District Attorney for the Western Judicial Circuit in accordance with Article VI, Section VIII, Paragraph I(a) of the Georgia Constitution; provided that if the Governor chooses to fill the vacancy by appointment, he must do so before the close of the special qualifying period for the special election for such position on November 3, 2020 if the appointee intends to run for the term of office beginning on January 1, 2021. It is further ORDERED that Defendant Brad Raffensperger shall take all steps necessary to conduct the election for the office of District Attorney for the Western Judicial Circuit for the term beginning January 1, 2021, on the same date as the 2020 general election, currently set for November 3, 2020. It is further ORDERED that the parties shall confer in good faith and endeavor to present to the Court a proposed consent order, no later than fourteen (14) days from the date of this Order, which sets forth the procedure for conducting a special election for the District Attorney for the Western Judicial Circuit on November 3, 2020, for a term beginning on January 1, 2021, including but not limited to the dates and times for a specially-set period for candidates to qualify to run in the special election and the incorporation of sufficient time for compliance with deadlines for the printing and mailing of absentee ballots, including to those voters covered by the Uniformed and Overseas Citizens Absentee Voting Act, 42 U.S.C. 1973ff, et seq. It is further ORDERED that Defendants' Motion for Leave to File Post Hearing Brief #20 is GRANTED. Signed by Judge Mark H. Cohen on 7/2/20. (bjh)
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Filing 21
FOURTH 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 07/01/2020. (ddm) (ADI)
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| Filing 20 MOTION for Leave to File Post Hearing Brief/Response to Plaintiff's Post Hearing Brief with Brief In Support by Brian Kemp, Brad Raffensperger. (Young, Elizabeth) |
| Filing 19 NOTICE Of Filing Post-Hearing Brief by Deborah Gonzalez (Brown, Bruce) |
| Filing 18 Minute Entry for proceedings held before Judge Mark H. Cohen: Motion Hearing held via Zoom video on 6/25/2020 re #5 MOTION for Preliminary Injunction filed by Deborah Gonzalez. The Court heard arguments ofcounsel. Court took the matter under consideration and issue an order. (Court Reporter Judith Wolff)(bjh) |
| Filing 17 WAIVER OF SERVICE Returned Executed by Deborah Gonzalez. All Defendants. (Brown, Bruce) |
| Filing 16 NOTICE OF ZOOM TELECONFERENCE regarding Order Setting Hearing on Motion for Preliminary Injunction #10 . Hearing to be conducted via Zoom format. Call instructions are as follows: https://ganduscourts.zoomgov.com/j/1612753249. Meeting ID: 161 275 3249, Password: 200094. For audio calls only: 1 646 828 7666. (lwb) |
| Filing 15 NOTICE Of Filing Hearing Exhibit by Deborah Gonzalez (Brown, Bruce) |
| Submission of #5 MOTION for Preliminary Injunction, (Hearing set for 6/25/2020 at 10:00 AM via Zoom videoconference), to District Judge Mark H. Cohen. (bjh) |
| Filing 14 NOTICE of Appearance by Miles Christian Skedsvold on behalf of Brian Kemp, Brad Raffensperger (Skedsvold, Miles) |
| Filing 13 NOTICE of Appearance by Elizabeth T. Young on behalf of Brian Kemp, Brad Raffensperger (Young, Elizabeth) |
| Filing 12 REPLY BRIEF re #5 MOTION for Preliminary Injunction filed by Deborah Gonzalez. (Brown, Bruce) |
| Filing 11 RESPONSE in Opposition re #5 MOTION for Preliminary Injunction filed by Brian Kemp, Brad Raffensperger. (Young, Elizabeth) |
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Filing 10
ORDER Setting Hearing on #5 Motion for Preliminary Injunction : Motion Hearing set for 6/25/2020 at 10:00 AM via Zoom videoconference. Counsel will receive an email from the Court with an invitation to the meeting and instructions on how to join the videoconference. The Court has been notified that Defendants have waived service of process of the Complaint #1 and that Defendants will respond to the Motion for Preliminary Injunction by June 18, 2020, which the Court approves. Thus, Plaintiffs are ORDERED to file a reply no later than June 22, 2020. The Court also asks that the parties file any exhibits they intend to introduce during the hearing on the docket using CM/ECF's Notice function no later than close-of-business on June 23, 2020. Any exhibits should be marked and numbered before filing. Motion terminated: #6 MOTION for Hearing re #5 MOTION for Preliminary Injunction. Signed by Judge Mark H. Cohen on 6/15/20. (bjh)
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| Filing 9 NOTICE Of Filing Supplemental Brief by Deborah Gonzalez re #5 MOTION for Preliminary Injunction (Brown, Bruce) |
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Filing 8
THIRD 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 05/26/2020. (adg) (ADI)
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Filing 7
ORDER granting #4 Motion for Leave to File Excess Pages - Plaintiffs may file a Brief in Support of their Motion for Preliminary Injunction not in excess of thirty (30) pages. Signed by Judge Mark H. Cohen on 5/26/20. (bjh)
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| Filing 6 MOTION for Hearing re #5 MOTION for Preliminary Injunction by Deborah Gonzalez. (Brown, Bruce) |
| Filing 5 MOTION for Preliminary Injunction with Brief In Support by Deborah Gonzalez. (Attachments: #1 Brief)(Brown, Bruce) |
| Filing 4 MOTION for Leave to File Excess Pages in Brief in Support of Motion for Preliminary Injunction by Deborah Gonzalez. (Brown, Bruce) |
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Filing 3
STANDING ORDER Regarding Civil Litigation. Signed by Judge Mark H. Cohen on 5/19/20. (bjh)
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Filing 2
SECOND AMENDMENT TO THE 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 4/30/20. (eop)
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| Filing 1 COMPLAINT filed by Deborah Gonzalez, April Boyer Brown, Andrea Wellnitz, Linda Lloyd and Adam Shirley. (Filing fee $400.00, receipt number AGANDC-9705458) (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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