Sweeney et al v. Crigler et al
| Kyle Hugenberg, Ann Cormican, Joshua Gilpin, The Libertarian Party of Kentucky, John Kyle Sweeney, Cristi Kendrick and John Hicks |
| Marilyn Howard, Dwight Sears, Emily Shelton, Michael Helmig, George Russell, Albert B. Chandler, III, Justin Crigler, Alison Lundergan Grimes, Andrew Beshear, Jared Dearing, Katrina Fitzgerald, Joshua Givens Branscum, Deanna Brangers, Sherry Rene Whitehouse and David L. Osborne |
| 2:2019cv00046 |
| April 11, 2019 |
| US District Court for the Eastern District of Kentucky |
| William O Bertelsman |
| Candace J Smith |
| Constitutional - State Statute |
| 28 U.S.C. § 2201 |
| None |
Docket Report
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| Document Text |
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| Filing 39 REPLY BRIEF to #37 filed by Katrina Fitzgerald. (Iaccarino, Carmine) |
| ***MOTION SUBMITTED TO CHAMBERS of William O. Bertelsman for review: re #37 MOTION to modify consent order re #34 Order by Katrina Fitzgerald (ECO) |
| Filing 38 RESPONSE in Opposition re #37 MOTION to modify consent order re #34 Order by Katrina Fitzgerald filed by Ann Cormican, Joshua Gilpin, John Hicks, Kyle Hugenberg, Cristi Kendrick, John Kyle Sweeney, The Libertarian Party of Kentucky. (Attachments: #1 Proposed Order)(Wiest, Christopher) Modified text on 6/19/2019 (ECO). |
| Filing 37 MOTION to modify consent order re #34 Consent Order by Katrina Fitzgerald . (Attachments: #1 Memorandum in Support, #2 Proposed Order)(Iaccarino, Carmine) Modified text to take out referral language on 6/14/2019 (ECO). |
Filing 36
ORDER: The Court, being fully apprised, and for the reasons stated in Plaintiffs' Motion, hereby GRANTS Plaintiffs' Motion to Amend/Dismiss pursuant to FRCP 15 and 21 #35 . Jared Dearing is hereby dismissed from this action without prejudice. Signed by Judge William O. Bertelsman on 6/6/2019.(ECO)cc: COR
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| Filing 35 MOTION to Amend/Correct by Ann Cormican, Joshua Gilpin, John Hicks, Kyle Hugenberg, Cristi Kendrick, John Kyle Sweeney, The Libertarian Party of Kentucky amending complaint to remove Jared Dearing as a Defendant in this matter, MOTION for Order by Ann Cormican, Joshua Gilpin, John Hicks, Kyle Hugenberg, Cristi Kendrick, John Kyle Sweeney, The Libertarian Party of Kentucky Under Rule 21 dismissing Jared Dearing as a Defendant in this matter. (Attachments: #1 Memorandum in Support Memo in Support, #2 Proposed Order Proposed Order)(Wiest, Christopher) Modified text to take out referral language on 6/5/2019 (ECO). |
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Filing 34
CONSENT ORDER: 1. The Board Member Defendants have been duly served as of April 17, 2019, this Court has jurisdiction over this matter and these Board Member Defendants, and venue is proper. 2. The Board Member Defendants do not wish to further answer, defend or otherwise participate in these proceedings, or the defense of 2019 HB 114 or 2019 SB 60, and Plaintiffs agree they need not do so. 3. The Board Defendants hereby withdraw their prior motions to dismiss #21 and to transfer venue #20 . 4. The Board Member Defendants agree to be bound by any final determinations of this Court, to be a party bound by any injunction(s) or declaratory relief that may be issued in this matter under FRCP 65, and to abide by any such orders or determinations. The Board Member Defendants will not be served with any further pleadings except any such injunctions or declaratory relief or other final orders, shall not serve any further memoranda in the litigation, and will otherwise be terminated as parties to this litigation. 5. The Plaintiffs and Board Member Defendants agree that the Plaintiffs will not seek 42 USC 1988 Attorney Fees or Costs from the Board Member Defendants, and will instead look solely to the Secretary of State and Defendant Dearing in this matter for such fees (or any intervening Defendants). Given that the Board Member Defendants are not participating any further in the defense of 2019 HB 114 or 2019 SB 60, it is equitable and appropriate that Defendants other than the Board Member Defendants be held liable for such fees, to the extent such fees are appropriate or awarded. Signed by Judge William O. Bertelsman on 5/31/2019.(ECO)cc: COR
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Filing 33
ORDER: The following procedure be used to address discovery disputes: 1) Parties shall first meet in good faith and attempt to resolve discovery disputes between themselves; 2) If the parties are unable to resolve a dispute after conferring directly, they shall call the undersigneds chambers to schedule a telephone conference; 3) If, and only if, the parties are unable to resolve their discovery impasse after telephone conference, they may file appropriate written motions with the Court. Signed by Magistrate Judge Candace J. Smith on 5/30/2019.(TJZ)cc: COR
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| Filing 32 Proposed Agreed Order/Stipulation as to State Board Defendants (except Defendant Dearing) by Deanna Brangers, Joshua Givens Branscum, Albert B. Chandler, III, Ann Cormican, Joshua Gilpin, John Hicks, Kyle Hugenberg, Cristi Kendrick, David L. Osborne, George Russell, Dwight Sears, John Kyle Sweeney, The Libertarian Party of Kentucky, Sherry Rene Whitehouse. (Wiest, Christopher) |
| ***MOTION SUBMITTED TO CHAMBERS of William O. Bertelsman for review: re #32 Proposed Agreed Order/Stipulation as to State Board Defendants (except Defendant Dearing) by Deanna Brangers, Joshua Givens Branscum, Albert B. Chandler, III, Ann Cormican, Joshua Gilpin, John Hicks, Kyle Hugenberg, Cristi Kendrick, David L. Os (ECO) |
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Filing 31
SCHEDULING ORDER: Deadline to submit any agreed stipulations of fact/law: June 28, 2019; Discovery cutoff: August 2, 2019; Deadline for dispositive motions: August 16, 2019; Response due: September 6, 2019; Reply due: September 20, 2019; Summary Judgment/Bench Trial/Permanent Injunction Hearing: At the convenience of the Court, in October/November, 2019IT IS SO ORDERED. Signed by Judge William O. Bertelsman on 5/28/2019.(ECO)cc: COR
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| ***FILE SUBMITTED TO CHAMBERS of William O. Bertelsman for review: re #30 Proposed Agreed Order/Stipulation as to schedule by Deanna Brangers, Joshua Givens Branscum, Albert B. Chandler, III, Ann Cormican, Jared Dearing, Katrina Fitzgerald, Joshua Gilpin, Alison Lundergan Grimes, John Hicks, Kyle Hugenberg, Cristi Ke (ECO) |
| Filing 30 Proposed Agreed Order/Stipulation as to schedule by Deanna Brangers, Joshua Givens Branscum, Albert B. Chandler, III, Ann Cormican, Jared Dearing, Katrina Fitzgerald, Joshua Gilpin, Alison Lundergan Grimes, John Hicks, Kyle Hugenberg, Cristi Kendrick, David L. Osborne, George Russell, Dwight Sears, John Kyle Sweeney, The Libertarian Party of Kentucky, Sherry Rene Whitehouse. (Wiest, Christopher) |
| ***MOTION SUBMITTED TO CHAMBERS of William O. Bertelsman for review: re #14 MOTION to Dismiss for failure to state a claim by Jared Dearing (ECO) |
| Filing 29 REPLY to Response to Motion re #14 MOTION to Dismiss for failure to state a claim by Jared Dearing filed by Jared Dearing. (Iaccarino, Carmine) |
| Filing 28 REPLY to Response to Motion re #21 MOTION to Dismiss by Deanna Brangers, Joshua Givens Branscum, Albert B. Chandler, III, Katrina Fitzgerald, David L. Osborne, George Russell, Dwight Sears, Sherry Rene Whitehouse filed by Deanna Brangers, Joshua Givens Branscum, Albert B. Chandler, III, Katrina Fitzgerald, David L. Osborne, George Russell, Dwight Sears, Sherry Rene Whitehouse. (Scutchfield, Jennifer) |
| ***MOTION SUBMITTED TO CHAMBERS of William O. Bertelsman for review: re #21 MOTION to Dismiss by Deanna Brangers, Joshua Givens Branscum, Albert B. Chandler, III, Katrina Fitzgerald, David L. Osborne, George Russell, Dwight Sears, Sherry Rene Whitehouse (ECO) |
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Filing 27
AGREED ORDER: By agreement of the parties, the parties shall submit a proposed scheduling order on or before May 24, 2019. IT IS SO ORDERED this 21st day of May, 2019. Signed by Magistrate Judge Candace J. Smith on 5/21/2019.(ECO)cc: COR
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| ***MOTION SUBMITTED TO CHAMBERS of Candace J. Smith for review: re #25 Proposed Agreed Order/Stipulation by all parties regarding extension of scheduling order in light of primary election held next week by Deanna Brangers, Joshua Givens Branscum, Albert B. Chandler, III, Ann Cormican, Justin Crigler, Jared Dearin (ECO) |
| Filing 26 RESPONSE in Opposition re #21 MOTION to Dismiss by Deanna Brangers, Joshua Givens Branscum, Albert B. Chandler, III, Katrina Fitzgerald, David L. Osborne, George Russell, Dwight Sears, Sherry Rene Whitehouse filed by Ann Cormican, Joshua Gilpin, John Hicks, Kyle Hugenberg, Cristi Kendrick, John Kyle Sweeney, The Libertarian Party of Kentucky. (Wiest, Christopher) |
| Filing 25 Proposed Agreed Order/Stipulation by all parties regarding extension of scheduling order in light of primary election held next week by Deanna Brangers, Joshua Givens Branscum, Albert B. Chandler, III, Ann Cormican, Justin Crigler, Jared Dearing, Katrina Fitzgerald, Joshua Gilpin, Alison Lundergan Grimes, Michael Helmig, John Hicks, Marilyn Howard, Kyle Hugenberg, Cristi Kendrick, David L. Osborne, George Russell, Dwight Sears, Emily Shelton, John Kyle Sweeney, The Libertarian Party of Kentucky, Sherry Rene Whitehouse. (Wiest, Christopher) |
| Filing 24 MINUTE ENTRY ORDER FOR MOTION HEARING held on 5/9/2019 before Judge William O. Bertelsman: Parties present as noted. IT IS ORDERED that: (1) defendants' motions to change venue ( #15 , #20 ) be, and are hereby, DENIED; and (2) the parties shall submit a proposed scheduling order on or before May 17, 2019. (Court Reporter JOAN AVERDICK.) Signed by William O. Bertelsman. (ECO)cc: COR, cc Atty Jennifer Scutchfield. Modified text on 5/9/2019 (ECO). |
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Filing 23
ORDER GRANTING PLAINTIFF'S EMERGENCY MOTION FOR PRELIMINARY INJUNCTION #13 : 1) Defendant shall process the statements of candidacy that were filed by Plaintiffs on or before April 1, 2019, for the 2019 election cycle. 2) Defendants shall likewise process the certificates of nomination and filing fees of Plaintiffs that are filed on or before June 4, 2019, for the 2019 election cycle, and place Plaintiffs that make this filing on the General Election Ballot (or, to the extent this order is entered within ten days of the June 4, 2019 deadline or after that deadline, Defendants shall accept and process such filings made within ten days of this order); 3) Pursuant to FRCP 65, this Preliminary Injunction shall be binding upon the official capacity Defendants, and their officers, agents, servants, employees, and attorneys, and on other persons who are in active concert or participation with anyone described in FRCP 65(d)(2)(A) or (B); and 4) This is a final order under FRCP 54(b), and there is no just reason for delay. Signed by Judge William O. Bertelsman on 5/8/2019. (ECO)cc: COR, cc mailed to Attorney Scutchfield, App pending. Modified on 5/9/2019 (ECO).
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| Filing 22 RESPONSE in Opposition re #13 EMERGENCY MOTION for Temporary Restraining Order by Ann Cormican, Joshua Gilpin, John Hicks, Kyle Hugenberg, Cristi Kendrick, John Kyle Sweeney, The Libertarian Party of Kentucky EMERGENCY MOTION for Preliminary Injunction by Ann Cormican, Joshua Gilpin, John Hicks, Kyle Hugenberg, Cristi Kendrick, John Kyle Sweeney, The Libertarian Party of Kentucky filed by Jared Dearing. (Iaccarino, Carmine) |
| Filing 21 MOTION to Dismiss by Deanna Brangers, Joshua Givens Branscum, Albert B. Chandler, III, Katrina Fitzgerald, David L. Osborne, George Russell, Dwight Sears, Sherry Rene Whitehouse (Attachments: #1 Memorandum in Support, #2 Proposed Order)(ECO) |
| Filing 20 MOTION to Transfer Venue by Deanna Brangers, Joshua Givens Branscum, Albert B. Chandler, III, Katrina Fitzgerald, David L. Osborne, George Russell, Dwight Sears, Sherry Rene Whitehouse (Attachments: #1 Memorandum in Support, #2 Proposed Order)(ECO) |
| Filing 19 RESPONSE to #14 Defendant Dearing's Motion to Dismiss filed by Ann Cormican, Joshua Gilpin, John Hicks, Kyle Hugenberg, Cristi Kendrick, John Kyle Sweeney, The Libertarian Party of Kentucky. (Attachments: #1 Proposed Order Proposed Order)(Wiest, Christopher) |
| Clerk's Note: re #21 MOTION to Dismiss. Counsel verified with Clerk that the memorandum to the Motion to Dismiss pages are incorrectly numbered as 1,3,etc. and that the memorandum is a complete document. (ECO) |
| Filing 18 RESPONSE to #15 Defendant Dearing's Motion for Transfer of Venue filed by Ann Cormican, Joshua Gilpin, John Hicks, Kyle Hugenberg, Cristi Kendrick, John Kyle Sweeney, The Libertarian Party of Kentucky. (Attachments: #1 Exhibit Second Declaration of Cristi Kendrick, #2 Proposed Order Proposed Order Denying Transfer)(Wiest, Christopher) |
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Filing 17
ORDER: That a HEARING on this motion #13 is set for 5/9/2019 at 9:15 AM in COVINGTON. Signed by Judge William O. Bertelsman on 5/7/2019.(ECO)cc: COR Modified underline on 5/7/2019 (ECO).
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| Filing 16 ANSWER to #1 Complaint, by Alison Lundergan Grimes.(Salomon, Jonathan) |
| Filing 15 MOTION to Change Venue by Jared Dearing (Attachments: #1 Memorandum in Support, #2 Proposed Order)(Iaccarino, Carmine) |
| Filing 14 MOTION to Dismiss for failure to state a claim by Jared Dearing (Attachments: #1 Memorandum in Support, #2 Proposed Order)(Iaccarino, Carmine) |
| Filing 13 EMERGENCY MOTION for Temporary Restraining Order by Ann Cormican, Joshua Gilpin, John Hicks, Kyle Hugenberg, Cristi Kendrick, John Kyle Sweeney, The Libertarian Party of Kentucky , EMERGENCY MOTION for Preliminary Injunction by Ann Cormican, Joshua Gilpin, John Hicks, Kyle Hugenberg, Cristi Kendrick, John Kyle Sweeney, The Libertarian Party of Kentucky . (Attachments: #1 Memorandum in Support, #2 Exhibit Exhibit A - Declaration of Cristi Kendrick, #3 Exhibit Exhibit B - Declaration of John Hicks, #4 Exhibit Exhibit C - certified 2019 HB 114, #5 Exhibit Exhibit D - certified 2019 SB 60, #6 Proposed Order)(Wiest, Christopher) Modified text on 5/7/2019 (ECO). |
| Filing 12 Summons Issued as to Albert B. Chandler, III; Summons issued and returned to counsel electronically (ECO) |
| Filing 11 NOTICE OF FILING by Ann Cormican, Joshua Gilpin, John Hicks, Kyle Hugenberg, Cristi Kendrick, John Kyle Sweeney, The Libertarian Party of Kentucky of Proposed Summons to Albert B. Chandler, III (Attachments: #1 Summons Proposed Summons)(Wiest, Christopher) |
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Filing 10
CONSENT ORDER: 1. The County Defendants have been duly served as of April 16, 2019, this Court has jurisdiction over this matter and these County Defendants, and venue is proper. 2. The County Defendants do not wish to answer, defend or otherwise participate in these proceedings, or the defense of 2019 HB 114 or 2019 SB 60, and Plaintiffs agree they need not do so. 3. The County Defendants agree to be bound by any final determinations of this Court,to be a party bound by any injunction(s) or declaratory relief that may be issued in this matter under FRCP 65, and to abide by any such orders or determinations. The County Defendants will not be served with any further pleadings except any such injunctions or declaratory relief or other final orders and will otherwise be terminated as parties to this litigation.4. The Plaintiffs and County Defendants agree that the Plaintiffs will not seek 42 USC 1988 Attorney Fees or Costs from the County Defendants, and will instead look solely to the other Defendants in this matter for such fees (and/or any intervening Defendants). Given that the County Defendants are not participating in the defense of 2019 HB 114 or 2019 SB 60, it is equitable and appropriate that Defendants other than the County Defendants be held liable for such fees, to the extent such fees are appropriate or awarded. Signed by Judge William O. Bertelsman on 4/24/2019.(ECO)cc: COR
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| ***FILE SUBMITTED TO CHAMBERS of Candace J. Smith for review: re #9 Proposed Agreed Order/Stipulation Consent Order with County Defendants by Ann Cormican, Joshua Gilpin, John Hicks, Kyle Hugenberg, Cristi Kendrick, John Kyle Sweeney, The Libertarian Party of Kentucky (TJZ) |
| Filing 9 Proposed Agreed Order/Stipulation Consent Order with County Defendants by Ann Cormican, Joshua Gilpin, John Hicks, Kyle Hugenberg, Cristi Kendrick, John Kyle Sweeney, The Libertarian Party of Kentucky. (Wiest, Christopher) |
| Filing 8 NOTICE OF APPEARANCE by Alison Lundergan Grimes. (Salomon, Jonathan) |
| Filing 7 SUMMONS Returned Executed by Kyle Hugenberg, Ann Cormican, John Kyle Sweeney, John Hicks, Joshua Gilpin, The Libertarian Party of Kentucky, Cristi Kendrick via Personal/Certified Mail, RRR to Andrew Beshear served on 4/17/2019, answer due 5/8/2019; Deanna Brangers served on 4/17/2019, answer due 5/8/2019; Joshua Givens Branscum served on 4/17/2019, answer due 5/8/2019; Albert B. Chandler, III served on 4/17/2019, answer due 5/8/2019; Jared Dearing served on 4/17/2019, answer due 5/8/2019; Katrina Fitzgerald served on 4/17/2019, answer due 5/8/2019; Alison Lundergan Grimes served on 4/17/2019, answer due 5/8/2019; David L. Osborne served on 4/17/2019, answer due 5/8/2019; George Russell served on 4/17/2019, answer due 5/8/2019; Dwight Sears served on 4/17/2019, answer due 5/8/2019; Sherry Rene Whitehouse served on 4/17/2019, answer due 5/8/2019. (Wiest, Christopher) |
| Filing 6 SUMMONS Returned Executed by Kyle Hugenberg, Ann Cormican, John Kyle Sweeney, John Hicks, Joshua Gilpin, The Libertarian Party of Kentucky, Cristi Kendrick via Personal/Certified Mail, RRR to Justin Crigler served on 4/16/2019, answer due 5/7/2019; Michael Helmig served on 4/15/2019, answer due 5/6/2019; Marilyn Howard served on 4/16/2019, answer due 5/7/2019; Emily Shelton served on 4/16/2019, answer due 5/7/2019. (Wiest, Christopher) |
| ***FILE SUBMITTED TO CHAMBERS of Candace J. Smith for review: #5 Stipulation, (ECO) |
| Filing 5 STIPULATION as to service and extension of time to answer between Plaintiffs and Secretary Grimes by Ann Cormican, Joshua Gilpin, John Hicks, Kyle Hugenberg, Cristi Kendrick, John Kyle Sweeney, The Libertarian Party of Kentucky. (Wiest, Christopher) |
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Filing 4
STANDING REFERRAL ORDER: 1) Case referred to presiding Magistrate Judge to supervise discovery and pretrial proceedings; 2) Magistrate Judge is authorized to conduct all pretrial and status conferences, hold hearings as required, and rule on nondispositive motions. Dispositive motions and motions in limine will be referred by the Clerk of court to the undersigned. Subject to other provisions of law, the final pretrial conference and trial will be before the undersigned, unless the parties agree to a trial by a Magistrate Judge, pursuant to 28 USC 636(c). Signed by Judge William O. Bertelsman on 6/18/2010.(ECO)cc: COR
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| Filing 3 Summons Issued as to Deanna Brangers, Joshua Givens Branscum, Justin Crigler, Jared Dearing, Katrina Fitzgerald, Alison Lundergan Grimes, Michael Helmig, Marilyn Howard, David L. Osborne, George Russell, Dwight Sears, Emily Shelton, Sherry Rene Whitehouse; Summons issued and returned to counsel electronically (ECO) |
| Filing 1 COMPLAINT ( Filing fee $400; receipt number 0643-4332545), filed by Kyle Hugenberg1, Ann Cormican, John Kyle Sweeney, John Hicks, Joshua Gilpin, The Libertarian Party of Kentucky, Cristi Kendrick. (Attachments: #1 Exhibit A-Letter from SOS, #2 Exhibit B-2019 HB 114, #3 Exhibit C-2019 SB 60, #4 Civil Cover Sheet, #5 Summons Proposed)(ECO) |
| Conflict Check run. (ECO) |
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