Bost et al v. Illinois State Board of Elections et al
| Michael J. Bost, Laura Pollastrini and Susan Sweeney |
| Illinois State Board of Elections and Bernadette Matthews |
| Democratic Party of Illinois |
| 1:2022cv02754 |
| May 25, 2022 |
| US District Court for the Northern District of Illinois |
| John F Kness |
| Constitutional - State Statute |
| 28 U.S.C. § 2201 Constitutionality of State Statute(s) |
| None |
Docket Report
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This docket was last retrieved on July 26, 2023. A more recent docket listing may be available from PACER.
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Filing 35
REPLY by Democratic Party of Illinois to MOTION by Intervenor Democratic Party of Illinois to intervene as Defendant #13 / Democratic Party of Illinois' Reply in Support of its Motion to Intervene as Defendant (Negron, Coral)
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Filing 34
MINUTE entry before the Honorable John F. Kness: The motions for leave to file excess pages #24 #28 are granted. Plaintiffs' statement of material facts, incorrectly noted on the docket as a motion for partial summary judgment #29 , is stricken as incorrectly filed. Because simultaneous briefing is in the interest of judicial efficiency, the Court sets the following briefing schedule: Plaintiffs' response to Defendants' motion to dismiss #25 , and Defendants' response to Plaintiffs' for partial summary judgment #32 , are due on or before 8/15/2022. Replies to the same are due on or before 8/29/2022. This briefing schedule should not be construed to suggest that the Court will necessarily decide both motions at the same time. Within one week of filing, each side must provide two paper courtesy copies of their respective briefs to chambers via U.S. Mail or reliable commercial delivery service. Mailed notice (ef, )
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Filing 33
MEMORANDUM in support of Motion for Partial Summary Judgment (Svenson, Alice)
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Filing 32
MOTION by Plaintiffs Michael J. Bost, Susan Sweeney, Laura Pollastrini for partial summary judgment corrected (Svenson, Alice)
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Filing 31
of Material Facts STATEMENT by Michael J. Bost, Laura Pollastrini, Susan Sweeney (Attachments: #1 Exhibit Declaration by Attorney T. Russell Nobile, #2 Exhibit Press Release from Defendant ISBE dated November 2, 2020, #3 Exhibit Press Release from Defendant ISBE dated December 4, 2020, #4 Exhibit Declaration by Plaintiff Congressman Michael J. Bost, #5 Exhibit Declaration by Plaintiff Laura Pollastrini, #6 Exhibit Declaration by Plaintiff Susan Sweeney)(Svenson, Alice)
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Filing 30
Agreed briefing schedule STATEMENT by Michael J. Bost, Laura Pollastrini, Susan Sweeney (Svenson, Alice)
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Filing 29
MOTION by Plaintiffs Michael J. Bost, Susan Sweeney, Laura Pollastrini for partial summary judgment opposed (Svenson, Alice)
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Filing 28
MOTION by Plaintiffs Michael J. Bost, Laura Pollastrini, Susan Sweeney for leave to file excess pages unopposed (Svenson, Alice)
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Filing 27
MEMORANDUM by Michael J. Bost, Susan Sweeney, Laura Pollastrini in Opposition to motion to intervene #13 (Attachments: #1 Exhibit Arizona Order)(Svenson, Alice) Docket Text Modified by Clerk's Office on 7/18/2022 (ph, ).
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Filing 26
MEMORANDUM by Illinois State Board of Elections, Bernadette Matthews in support of motion to dismiss/lack of jurisdiction #25 (Kozar, Amanda)
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Filing 25
MOTION by Defendants Illinois State Board of Elections, Bernadette Matthews to dismiss for lack of jurisdiction and for failure to state a claim (Kozar, Amanda)
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Filing 24
MOTION by Defendants Illinois State Board of Elections, Bernadette Matthews for leave to file excess pages (unopposed) (Kozar, Amanda)
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Filing 23
MINUTE entry before the Honorable John F. Kness: Defendants' Unopposed Motion for extension of time #22 is granted. Defendants must answer or otherwise plead to Plaintiffs' complaint on or before 7/12/2022. Mailed notice (ef, )
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Filing 22
MOTION by Defendants Illinois State Board of Elections, Bernadette Matthews for extension of time to file answer (unopposed) (Kozar, Amanda)
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Filing 21
MINUTE entry before the Honorable John F. Kness: Motion by counsel for leave to appear pro hac vice #20 is granted. Mailed notice (ef, )
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Filing 20
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number AILNDC-19614440. (Khanna, Abha)
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Filing 19
MINUTE entry before the Honorable John F. Kness: Motion by counsel for leave to appear pro hac vice #18 is granted. Mailed notice (ef, )
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Filing 18
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number AILNDC-19609470. (Sequeira, Maya)
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Filing 17
MINUTE entry before the Honorable John F. Kness: Before the Court is a statement #14 by Proposed Intervenor-Defendant Democratic Party of Illinois (DPI) and Plaintiffs containing their competing proposals for a briefing schedule on DPI's pending motion #13 to intervene. According to DPI, because Plaintiffs' action "threatens DPI and its members, constituents, and voters, with serious and irreparable harm," DPI seeks to intervene "to protect those rights." But DPI is concerned that "its ability to [protect its constituents and others' rights] will be severely hampered if Plaintiffs proceed to seek substantive relief during the next several weeks [meaning a TRO or preliminary injunction], while [a] decision on DPI's motion to intervene is delayed as a result of the extended briefing schedule insisted on by Plaintiffs." (Dkt. #13 at 2.) DPI thus proposes a more accelerated briefing schedule on the motion to intervene based on that perceived threat of harm. DPI's point is taken, but the concern is overstated. No motion for preliminary injunctive relief is pending. If any such motion is filed before the motion for intervention is either fully briefed or resolved, the Court will take into account DPI's concerns at that time. After all, the difference between the competing proposed schedules is only two weeks. Accordingly, Plaintiffs' response to the motion to intervene must be filed on or before 7/14/2022; any reply by DPI must be filed on or before 7/21/2022. Any motion to extend this briefing schedule further is unlikely to be granted. Motions by counsel for leave to appear pro hac vice #15 #16 are granted. Mailed notice (ef, )
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Filing 16
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number AILNDC-19583453. (Medina, Richard)
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Filing 15
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number AILNDC-19583351. (Frost, Elisabeth)
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Filing 14
STATEMENT by Democratic Party of Illinois / Statement Regarding Briefing Schedule on Democratic Party of Illinois' Motion to Intervene (Negron, Coral)
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Filing 13
MOTION by Intervenor Democratic Party of Illinois to intervene as Defendant (Attachments: #1 Exhibit 1)(Negron, Coral)
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Filing 12
NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Democratic Party of Illinois (Negron, Coral)
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Filing 11
ATTORNEY Appearance for Intervenor Democratic Party of Illinois by Coral A Negron (Negron, Coral)
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Filing 10
MINUTE entry before the Honorable John F. Kness: Defendants' Unopposed Motion for extension of time #9 is granted. Defendants must answer or otherwise plead to Plaintiffs' complaint on or before 7/8/2022. Mailed notice (ef, )
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Filing 9
MOTION by Defendants Illinois State Board of Elections, Bernadette Matthews for extension of time to respond to Plaintiffs' Complaint (Unopposed) (Johnston, Mary)
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Filing 8
ATTORNEY Appearance for Plaintiffs Michael J. Bost, Laura Pollastrini, Susan Sweeney by Alice Christine Svenson (Svenson, Alice)
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Filing 7
ATTORNEY Appearance for Plaintiffs Michael J. Bost, Laura Pollastrini, Susan Sweeney by Thornton Russell Nobile (Nobile, Thornton)
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Filing 6
ATTORNEY Appearance for Defendants Illinois State Board of Elections, Bernadette Matthews by Amanda Leigh Kozar (Kozar, Amanda)
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Filing 5
ATTORNEY Appearance for Defendants Illinois State Board of Elections, Bernadette Matthews by Mary Alice Johnston (Johnston, Mary)
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Filing 4
ORDER signed by the Honorable John F. Kness on 5/31/2022: Telephonic initial status hearing is set for 8/9/2022 at 10:20 AM. Consistent with Rule 26(f) of the Federal Rules of Civil Procedure, the parties are directed to meet and conduct a planning conference in advance of the initial status hearing. No later than seven days before the status hearing, the parties shall jointly complete and file on the docket a report that provides the information required by the Court's model Joint Initial Status Report, which can be found at https://www.ilnd.uscourts.gov/judge-info.aspx?Iu9/vqz23r5X7AkWx/nLtg== (see link entitled "Joint Initial Status Report"). If all Defendants have not yet been served or have not yet responded to requests to draft the required Joint Initial Status Report, Plaintiff must file the report on its own and must inform the Court of that circumstance. Members of the public and media may listen to these proceedings by dialing 1-888-684-8852 and using access code 3796759. 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. Mailed notice(ef, )
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Filing 3
AFFIDAVIT of Service filed by Plaintiff Michael J. Bost regarding Affidavit of Service for Bernadette Matthews with Complaint and Summons served on Marni Malowitz on May 27, 2022 (Svenson, Alice)
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Filing 2
AFFIDAVIT of Service filed by Plaintiff Michael J. Bost regarding Affidavit of Service for the Illinois State Board of Elections with Complaint and Summons served on Marni Malowitz on May 27, 2022 (Svenson, Alice)
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SUMMONS Issued as to Defendants Illinois State Board of Elections, Bernadette Matthews (ak, )
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Filing 1
COMPLAINT filed by Michael J. Bost; Filing fee $ 402, receipt number AILNDC-19500767. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet)(Svenson, Alice)
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CASE ASSIGNED to the Honorable John F. Kness. Designated as Magistrate Judge the Honorable Jeffrey Cummings. Case assignment: Random assignment. (sxh, )
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CLERK'S NOTICE: Pursuant to Local Rule 73.1(b), a United States Magistrate Judge of this court is available to conduct all proceedings in this civil action. If all parties consent to have the currently assigned United States Magistrate Judge conduct all proceedings in this case, including trial, the entry of final judgment, and all post-trial proceedings, all parties must sign their names on the attached #Consent To# form. This consent form is eligible for filing only if executed by all parties. The parties can also express their consent to jurisdiction by a magistrate judge in any joint filing, including the Joint Initial Status Report or proposed Case Management Order. (sxh, )
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