McConchie et al v. Illinois State Board of Elections et al
| Jim Durkin, Dan McConchie, Republican Caucus of the Illinois Senate and Republican Caucus of the Illinois House of Representatives |
| William R Haine, Emanuel Christopher Welch, Casandra B Watson, Office of Speaker of the Illinois House of Representatives, Charles W. Scholz, Ian K Linnabary, Katherine O'Brian, Laura K Donahue, Illinois State Board of Elections, Office of the President of the Illinois Senate, William J. Cadigan, Don Harmon and William M. McGuffage |
| The Illinois Republican Party |
| 1:2021cv03091 |
| June 9, 2021 |
| US District Court for the Northern District of Illinois |
| Michael B Brennan |
| Jon E DeGuilio |
| Robert M Dow |
| Beth W Jantz |
| Civil Rights: Voting |
| 42 U.S.C. § 1983 |
| None |
Docket Report
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This docket was last retrieved on October 19, 2021. A more recent docket listing may be available from PACER.
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Filing 59
EXECUTIVE COMMITTEE ORDER: Case reassigned to the Honorable Beth W. Jantz for all further proceedings. Honorable Sheila M. Finnegan no longer assigned to the case. Signed by Executive Committee on 8/6/21.(gcy, )
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Filing 58
EXECUTIVE COMMITTEE ORDER: Case referred to the Honorable Sheila M. Finnegan.. Signed by Executive Committee on 21cv3091.(gcy, )
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Filing 57
MINUTE entry before the Honorable Robert M. Dow, Jr: The motion of proposed intervenor The Illinois Republican Party to withdraw its motion to intervene #53 is granted. The motion to intervene #50 is stricken as moot. Plaintiffs' motion to compel #54 is referred with all other discovery motions and supervision to the assigned Magistrate Judge. The notice of motion date of 8/10/2021 before Judge Dow is stricken and no appearances are necessary on that date. Plaintiffs should re-notice their motion before the assigned Magistrate Judge once the Executive Committee referral order is on the docket. Emailed notice (cdh, )
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Filing 56
NOTICE of Motion by Charles Edward Harris, II for presentment of motion to compel #54 before Honorable Robert M. Dow Jr. on 8/10/2021 at 09:15 AM. (Harris, Charles)
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Filing 55
MEMORANDUM by Jim Durkin, Dan McConchie, Republican Caucus of the Illinois House of Representatives, Republican Caucus of the Illinois Senate in support of motion to compel #54 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Harris, Charles)
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Filing 54
MOTION by Plaintiffs Jim Durkin, Dan McConchie, Republican Caucus of the Illinois House of Representatives, Republican Caucus of the Illinois Senate to compel Leadership Defendants to Respond to Discovery Requests (Harris, Charles)
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Filing 53
MOTION by Intervenor The Illinois Republican Party to withdraw motion to intervene #50 (Fogarty, John)
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Filing 52
MINUTE entry before the Honorable Robert M. Dow, Jr: Upon review of the recent docket entries in Case Nos. 21-cv-3091 and 21-cv-3139, the three-judge court orders as follows: (1) In regard to expert discovery in both cases, (a) opening expert reports and supporting materials are to be exchanged no later than 8/23/2021; (b) rebuttal reports and supporting materials are to be exchanged no later than 9/1/2021; (c) all expert discovery is to be completed by 9/6/2021. (2) The motion to intervene #50 in Case No. 21-cv-3091 is taken under advisement; responses are due by 8/6/2021; reply is due by 8/11/2021. The panel will issue a ruling by mail. Emailed notice (cdh, )
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Filing 51
First AMENDED complaint by Jim Durkin, Dan McConchie, The Illinois Republican Party, Republican Caucus of the Illinois Senate, Republican Caucus of the Illinois House of Representatives against William J. Cadigan, Laura K Donahue, William R Haine, Don Harmon, Illinois State Board of Elections, Ian K Linnabary, William M. McGuffage, Katherine O'Brian, Office of Speaker of the Illinois House of Representatives, Office of the President of the Illinois Senate, Charles W. Scholz, Casandra B Watson, Emanuel Christopher Welch (Harris, Charles)
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Filing 50
MOTION by Intervenor The Illinois Republican Party to intervene (Fogarty, John) (Docket text modified by Clerk's Office) Modified on 7/27/2021 (bg, ).
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Filing 49
Proposed Expert Discovery Schedule by William J. Cadigan, Laura K Donahue, William R Haine, Illinois State Board of Elections, Ian K Linnabary, William M. McGuffage, Katherine O'Brian, Charles W. Scholz, Casandra B Watson (Johnston, Mary)
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Filing 48
Proposed Expert Discovery Schedule by Don Harmon, Office of Speaker of the Illinois House of Representatives, Office of the President of the Illinois Senate, Emanuel Christopher Welch [#41] (Vaught, Adam)
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Filing 47
Proposed Updated Expert Discovery Plan by Jim Durkin, Dan McConchie Submitted by Plaintiffs (Panoff, Thomas)
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Filing 46
ATTORNEY Appearance for Plaintiffs Jim Durkin, Dan McConchie by Jessica Grace Nosalski (Nosalski, Jessica)
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Filing 45
MOTION by Defendants Office of the President of the Illinois Senate, Office of Speaker of the Illinois House of Representatives, Emanuel Christopher Welch, Don Harmon to dismiss Rule 12(B) Motion to Dismiss (Vaught, Adam) Docket Text Modified by Clerk's Office on 7/19/2021 (ph, ).
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Filing 44
NOTICE by William J. Cadigan, Laura K Donahue, William R Haine, Illinois State Board of Elections, Ian K Linnabary, William M. McGuffage, Katherine O'Brian, Charles W. Scholz, Casandra B Watson re memorandum in support of motion, #43 , MOTION by Defendants William M. McGuffage, William R Haine, Illinois State Board of Elections, William J. Cadigan, Laura K Donahue, Katherine O'Brian, Charles W. Scholz, Casandra B Watson, Ian K Linnabary to dismiss for lack of jurisdiction #42 (Johnston, Mary)
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Filing 43
MEMORANDUM by William J. Cadigan, Laura K Donahue, William R Haine, Illinois State Board of Elections, Ian K Linnabary, William M. McGuffage, Katherine O'Brian, Charles W. Scholz, Casandra B Watson in support of motion to dismiss/lack of jurisdiction, #42 (Johnston, Mary)
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Filing 42
MOTION by Defendants William M. McGuffage, William R Haine, Illinois State Board of Elections, William J. Cadigan, Laura K Donahue, Katherine O'Brian, Charles W. Scholz, Casandra B Watson, Ian K Linnabary to dismiss for lack of jurisdiction (Johnston, Mary)
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Filing 41
ORDER Signed by the Honorable Robert M. Dow, Jr on July 14, 2021. (cdh, )
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Filing 40
ATTORNEY Appearance for Defendant Don Harmon by Sean M. Berkowitz (Berkowitz, Sean)
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Filing 39
CERTIFICATE of Service Discovery to All Plaintiffs by Devon C. Bruce on behalf of Don Harmon, Office of the President of the Illinois Senate (Bruce, Devon)
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Filing 38
MINUTE entry before the Honorable Robert M. Dow, Jr: Information regarding the 7/14/2021, 10:00 a.m. status hearing: the Courtroom Deputy emailed counsel of record the Microsoft Teams platform link and call-in information. Members of the public and media will be able to call in to listen to this hearing at (872) 703-5321, access code 802 653 31#. Please mute your microphone, persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Emailed notice (cdh, )
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Filing 37
MINUTE entry before the Honorable Robert M. Dow, Jr: Upon further consideration of the proposed case management orders [31, 32], the three-judge court sets the following additional deadlines: Defendants' motion to dismiss is due no later than 7/16/2021; Plaintiffs' response is due by 7/30/2021; Defendants' reply is due by 8/6/2021. Responses to written discovery are due by 7/23/2021. This case is set for a video status hearing on 7/14/2021 at 10:00 a.m. which will be held on the Microsoft Teams platform. Instructions for joining the platform will be placed on the docket in a separate minute entry. At the status hearing, counsel should be prepared to address (a) the legal principles and authorities they expect will be germane in the case; (b) the extent to which they expect the factual record to be disputed (or undisputed); (c) the nature and scope of their anticipated expert testimony; (d) how many hours of trial time they believe will be needed and the expected division between testimony and lawyer presentation/argument at trial. The panel will discuss further scheduling matters with the lawyers at the status hearing and will set further deadlines after the hearing. Emailed notice (cdh, )
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Filing 36
ATTORNEY Appearance for Plaintiffs Jim Durkin, Dan McConchie by Ricardo Meza (Meza, Ricardo)
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Filing 35
SUMMONS Returned Executed by Jim Durkin, Dan McConchie as to Casandra B Watson on 6/17/2021, answer due 7/8/2021. (Comstock, Christopher)
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Filing 34
MINUTE entry before the Honorable Robert M. Dow, Jr: Upon initial review of the parties' case management proposals, the three-judge court sets a deadline of 7/9/2021 for the parties to serve Rule 26(a)(1) disclosures and a deadline of 7/12/2021 to issue written discovery. All other deadlines will be set in a future case management order which is anticipated to issue next week. Emailed notice (cdh, )
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Filing 33
ORDER : The complaint in this case challenges the constitutionality of a legislative apportionment. Judge Robert M. Dow Jr., to whom the case is assigned in the district court, notified me under 28 U.S.C. 2284(b)(l) that 2284(a) requires a three-judge district court. I designate Circuit Judge Michael B. Brennan and Chief District Judge Jon E. DeGuilio, of the Northern District of Indiana, as the additional members of the three-judge court. Signed by the Diane S. Sykes on 6/28/2021:Mailed notice(tg, )
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Filing 32
PROPOSED Case Management Order by Don Harmon, Office of Speaker of the Illinois House of Representatives, Office of the President of the Illinois Senate, Emanuel Christopher Welch (Vaught, Adam)
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Filing 31
PROPOSED Case Management Order by Jim Durkin, Dan McConchie (Panoff, Thomas)
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Filing 30
MINUTE entry before the Honorable Robert M. Dow, Jr: Unopposed motion for reassignment #28 is granted. With the agreement of the parties to both cases and with the Court, in consultation with Judge Tharp, having found the criteria under Local Rule 40.4 satisfied, the Court requests that the Executive Committee reassign Contreras v. Illinois State Board of Elections, et al., Case No. 1:21-cv-3139, to this Court as related to McConchie v. Illinois State Board of Elections, et al., Case No. 1:21-cv-3091. Notice of motion date of 7/2/2021 is stricken and no appearances are necessary on that date. Counsel are reminded to file their respective proposed case management orders with deadlines for initial disclosures and briefing on any anticipated motions, as well as a proposed trial date, by 6/28/2021. Plaintiffs' counsel in the McConchie case are requested to provide a copy of this order to Plaintiffs' counsel in the Contreras litigation, who are invited to participate in the scheduling process as well. Because the mechanics of the reassignment process may not be completed by 6/28/2021, if counsel for the Contreras Plaintiffs are unable to file appearances or documents in this case by CM/ECF, they are invited to transmit their scheduling proposal (and/or to indicate the extent to which they may agree with the proposals submitted by the other parties) by e-mail to the Courtroom Deputy (Carolyn_Hoesly@ilnd.uscourts.gov) on 6/28/2021 with "cc" to all counsel of record in the McConchie case. It is anticipated that an order designating a three-judge court will be entered in the near future and a further case management order will be entered on this docket once the three judges are able to consult on these scheduling issues. Emailed notice (cdh, )
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Filing 29
NOTICE of Motion by Charles Edward Harris, II for presentment of motion to reassign case #28 before Honorable Robert M. Dow Jr. on 7/2/2021 at 09:15 AM. (Harris, Charles)
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Filing 28
MOTION by Plaintiffs Jim Durkin, Dan McConchie to reassign case (Unopposed) (Attachments: #1 Exhibit A)(Panoff, Thomas)
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Filing 27
STATUS Report (Joint) On Reassignment Under Local Rule 40.4 by Jim Durkin, Dan McConchie (Panoff, Thomas)
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Filing 26
MINUTE entry before the Honorable Robert M. Dow, Jr: Motion hearing held telephonically. By 6/25/2021, parties to file joint status report on whether any party (or parties) will initiate a motion to reassign Case No. 21-cv-3139 to Judge Dow on relatedness grounds under Local Rule 40.4 and whether any party would oppose such a motion if it were filed. Parties are also to file their respective proposed case management orders with deadlines for initial disclosures and briefing on any anticipated motions, as well as a proposed trial date, by 6/28/2021. Emailed notice (cdh, )
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Filing 25
MINUTE entry before the Honorable Robert M. Dow, Jr: Plaintiffs' motion to expedite schedule and trial #13 will be heard telephonically on 6/24/2021 at 9:15 Participants should use the Court's toll-free call-in number 877-336-1829 and conference access code 6963747. When you are connected to the conference system, please keep your phone on MUTE until your case is called. There may be other people in other cases speaking in the conference when you join the conference and before your case is called. When your case is called, please unmute your phone and remember to say your name each and every time you speak. This is a Court proceeding. Members of the public and media will be able to call in to listen to this hearing by using the same call-in information listed above. Please NOTE: the general prohibition against recording and rebroadcasting of Court proceedings. Your telephone should be on MUTE. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Emailed notice (cdh, )
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Filing 24
MINUTE entry before the Honorable Robert M. Dow, Jr: Plaintiffs' motion to expedite schedule and trial #13 will be heard telephonically on 6/24/2021 at 9:15 a.m. Participants should use the Court's toll-free, call-in number 877-336-1829. Emailed notice (cdh, )
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Filing 23
ATTORNEY Appearance for Defendants William J. Cadigan, Laura K Donahue, William R Haine, Katherine O'Brian, Casandra B Watson by Mary Alice Johnston (Johnston, Mary)
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Filing 22
ATTORNEY Appearance for Defendants Illinois State Board of Elections, Ian K Linnabary, William M. McGuffage, Charles W. Scholz by Mary Alice Johnston (Johnston, Mary)
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Filing 21
ATTORNEY Appearance for Defendants Don Harmon, Office of Speaker of the Illinois House of Representatives, Office of the President of the Illinois Senate by Adam Robert Vaught (Vaught, Adam)
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Filing 20
ATTORNEY Appearance for Defendant Emanuel Christopher Welch by Adam Robert Vaught (Vaught, Adam)
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Filing 19
ATTORNEY Appearance for Defendant Office of Speaker of the Illinois House of Representatives by Heather Wier Vaught (Vaught, Heather)
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Filing 18
ATTORNEY Appearance for Defendant Don Harmon by Devon C. Bruce AMENDED (Bruce, Devon)
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Filing 17
ATTORNEY Appearance for Plaintiff Dan McConchie by Devon C. Bruce (Bruce, Devon)
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Filing 16
ATTORNEY Appearance for Defendants Don Harmon, Office of Speaker of the Illinois House of Representatives, Office of the President of the Illinois Senate, Emanuel Christopher Welch by MICHAEL JAMES KASPER (KASPER, MICHAEL)
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Filing 15
MEMORANDUM by Jim Durkin, Dan McConchie in support of motion to expedite #13 Schedule and Trial (Harris, Charles)
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Filing 14
NOTICE of Motion by Charles Edward Harris, II for presentment of motion to expedite #13 before Honorable Robert M. Dow Jr. on 6/24/2021 at 09:15 AM. (Harris, Charles)
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Filing 13
MOTION by Plaintiffs Jim Durkin, Dan McConchie to expedite Schedule and Trial (Harris, Charles)
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Filing 12
SUMMONS Returned Executed by Jim Durkin, Dan McConchie as to William J. Cadigan on 6/10/2021, answer due 7/1/2021; Laura K Donahue on 6/10/2021, answer due 7/1/2021; William R Haine on 6/10/2021, answer due 7/1/2021; Illinois State Board of Elections on 6/10/2021, answer due 7/1/2021; Ian K Linnabary on 6/10/2021, answer due 7/1/2021; William M. McGuffage on 6/10/2021, answer due 7/1/2021; Katherine O'Brian on 6/10/2021, answer due 7/1/2021; Charles W. Scholz on 6/10/2021, answer due 7/1/2021. (Comstock, Christopher)
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SUMMONS Issued as to Defendant Casandra B Watson (cm, )
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Filing 11
SUMMONS Returned Executed by Jim Durkin, Dan McConchie as to Don Harmon on 6/10/2021, answer due 7/1/2021; Office of Speaker of the Illinois House of Representatives on 6/10/2021, answer due 7/1/2021; Office of the President of the Illinois Senate on 6/10/2021, answer due 7/1/2021; Emanuel Christopher Welch on 6/10/2021, answer due 7/1/2021. (Comstock, Christopher)
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Filing 10
EXECUTIVE COMMITTEE ORDER: Case reassigned to the Honorable Robert M. Dow, Jr for all further proceedings. Honorable Joan B. Gottschall no longer assigned to the case. Signed by Executive Committee on 6/9/21.(gcy, )
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Filing 9
ATTORNEY Appearance for Plaintiffs Jim Durkin, Dan McConchie by Mitchell Douglas Holzrichter (Holzrichter, Mitchell)
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Filing 8
ATTORNEY Appearance for Plaintiffs Jim Durkin, Dan McConchie by Brian J. Armstrong (Armstrong, Brian)
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Filing 7
ATTORNEY Appearance for Plaintiffs Jim Durkin, Dan McConchie by Phillip Anthony Luetkehans (Luetkehans, Phillip)
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Filing 6
Request for Three-Judge Court Pursuant to 28 U.S.C. 2284 and Local Rule 9.1 by Jim Durkin, Dan McConchie (Harris, Charles)
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Filing 5
ATTORNEY Appearance for Plaintiffs Jim Durkin, Dan McConchie by Christopher Steven Comstock (Comstock, Christopher)
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Filing 4
ATTORNEY Appearance for Plaintiffs Jim Durkin, Dan McConchie by Thomas Vangel Panoff (Panoff, Thomas)
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Filing 3
ATTORNEY Appearance for Plaintiffs Jim Durkin, Dan McConchie by Charles E. Harris, II (Harris, Charles)
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Filing 2
CIVIL Cover Sheet (Harris, Charles)
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Filing 1
COMPLAINT filed by Jim Durkin, Dan McConchie ; Filing fee $ 402, receipt number 0752-18334217.(Harris, Charles)
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CASE ASSIGNED to the Honorable Joan B. Gottschall. Designated as Magistrate Judge the Honorable Sheila M. Finnegan. Case assignment: Random assignment. (jg, )
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SUMMONS Issued as to Defendants William J. Cadigan, Laura K Donahue, William R Haine, Don Harmon, Illinois State Board of Elections, Ian K Linnabary, William M. McGuffage, Katherine O'Brian, Office of Speaker of the Illinois House of Representatives, Office of the President of the Illinois Senate, Charles W. Scholz, Emanuel Christopher Welch (crl, )
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