Coleman et al v. Winbigler et al
| Charlie Coleman, Noah Heim, Amy Dowton and David Meyer |
| Janis Winbigler, Joshua Perkins, Kimber Fender, Peggy Schultz, Richard Mason, James Luersen, Mike Jansen, Jack Snodgrass and Jim Schroer |
| 2:2022cv00075 |
| June 7, 2022 |
| US District Court for the Eastern District of Kentucky |
| David L Bunning |
| Candace J Smith |
| Civil Rights: Voting |
| 42 U.S.C. § 1983 Civil Rights Act |
| None |
Docket Report
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This docket was last retrieved on August 5, 2022. A more recent docket listing may be available from PACER.
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Filing 29
ANSWER to #1 Complaint by Kimber Fender, Richard Mason, Joshua Perkins, Peggy Schultz, Janis Winbigler.(Stewart, Mary)
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Filing 28
ORDER re #22 Notice filed by David Meyer, Charlie Coleman, Noah Heim, Amy Dowton; that Plaintiffs Limited Objection is overruled, and their request to extend the filing deadline by 14 days is denied. Signed by Judge David L. Bunning on 08/01/2022.(TDB)cc: COR
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Filing 27
RESPONSE to #22 filed by Mike Jansen, James Luersen, Jim Schroer, Jack Snodgrass. (Mando, Jeffrey)
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***FILE SUBMITTED TO CHAMBERS of David L. Bunning for review: #25 RESPONSE to Plaintiff's Limited Objection and Request for Filing Deadline Extension, #26 REPLY in Support of Request for Brief Extension of Filing Deadline. (SLG)
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Filing 26
REPLY to #22 , #25 , #23 in support of request for brief extension of filing deadline filed by Charlie Coleman, Amy Dowton, Noah Heim, David Meyer. (Wiest, Christopher)
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Filing 25
RESPONSE to #22 Plaintiffs' Limited Objection and Request for Filing Deadline Extension filed by Kimber Fender, Richard Mason, Joshua Perkins, Peggy Schultz, Janis Winbigler. (Stewart, Mary)
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Filing 24
TRANSCRIPT of Proceedings: Oral Argument held on July 14, 2022 before Judge David L. Bunning. Court Reporter: Lisa Reed Wiesman, Telephone number 859-291-4410. Transcript ordered by: Mary Ann Stewart, Esq.. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must follow the Court's policy regarding the Redaction Responsibility of Counsel and Parties. The policy governing the redaction of personal information is located on the court website at www.kyed.uscourts.gov. #Read this policy carefully. Sample forms, i.e., a Notice of Intent to Redact, may be found on the court website by clicking on #Local Forms. If there are no redactions requested, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available via PACER 90 days from today's date. The Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. Redaction Request due 8/22/2022. Redacted Transcript Deadline set for 9/1/2022. Release of Transcript Restriction set for 10/31/2022. Modified on 7/29/2022 (SLG).
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Filing 23
ORDER: Campbell County Board of Election Defendants shall file a written notice indicating whether they oppose a fourteen-day extension of the filing deadline for school board candidates or whether they intend to extend the deadline themselves by Friday, July 29th, 2022. Signed by Judge David L. Bunning on 7/27/2022.(SLG)cc: COR
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Filing 22
NOTICE by Charlie Coleman, Amy Dowton, Noah Heim, David Meyer of Limited Objection and Request for Filing Deadline Extension (Attachments: #1 Proposed Order)(Voelker, Brandon)
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***FILE SUBMITTED TO CHAMBERS of David L. Bunning for review: #21 Notice of Compliance with Order re #19 . (SLG)
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Filing 21
NOTICE by Kimber Fender, Richard Mason, Joshua Perkins, Peggy Schultz, Janis Winbigler re #19 Memorandum Opinion & Order,,,,, Terminate Motions,,,, Notice of Compliance with Order (Attachments: #1 Exhibit Resolution Re-Drawing Division Lines)(Stewart, Mary)
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Clerk's Note: #20 Transcript Request by Kimber Fender, Richard Mason, Joshua Perkins, Peggy Schultz, Janis Winbigler for proceedings held on 7/14/2022. Clerk provided request to Lisa Wiseman. (ECO)
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Filing 20
TRANSCRIPT REQUEST by Kimber Fender, Richard Mason, Joshua Perkins, Peggy Schultz, Janis Winbigler for proceedings held on 7/14/2022 before Judge Judge Bunning.. (Stewart, Mary)
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Filing 19
MEMORANDUM OPINION & ORDER: (1) Plaintiffs' Motion for a Preliminary Injunction #5 is granted.; (2) Campbell County School Board Districts 2 and 4 are held to be in violation of the Fourteenth Amendment Equal Protection Clause, under the one person, one vote rule; (3) Campbell County School Board Defendants are enjoined from utilizing the school district maps as currently drawn; (4) Ky. Rev. Stat. 160.210s prohibition on changing the boundaries of school district lines less than five (5) years after the last change to district lines is unconstitutional as applied in the upcoming Campbell County School Board election; (5) Not later than August 1, 2022, the Campbell County School Board Defendants are ordered to re-draw the school board districts to provide for a more equitable division of population; and (6) If the Campbell County School Board Defendants fail to re-draw the school board districts to comply with this Order by the deadline set forth herein, this Court will redraw appropriate districts by August 15, 2022.Signed by Judge David L. Bunning on 7/15/2022.(SLG)cc: COR
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Filing 18
STIPULATION by Kimber Fender, Richard Mason, Joshua Perkins, Peggy Schultz, Janis Winbigler. (Stewart, Mary)
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***FILE SUBMITTED TO CHAMBERS of David L. Bunning for review: #18 Stipulation re #17 Order on Motion to Expedite, Order on Motion for Permanent Injunction, Order on Motion for Preliminary Injunction, (ECO)
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Filing 17
MINUTE ENTRY ORDER FOR MOTION HEARING held on 7/14/2022 before Judge David L. Bunning. 1) The parties shall file forthwith a Joint Stipulation regarding which precinct the two incumbent members of the school board in districts one and four, up for reelection in November 2022, live. 2) Plaintiffs' Motion for Preliminary or Permanent Injunction, Request to Expedite Schedule #5 be, and hereby is TAKEN UNDER ADVISEMENT pending written decision. (Court Reporter Lisa Wiesman.) (SLG)cc: COR
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***MOTION SUBMITTED TO CHAMBERS of David L. Bunning for review: re #5 EMERGENCY MOTION to Expedite by Charlie Coleman, Amy Dowton, Noah Heim, David Meyer MOTION for Permanent Injunction by Charlie Coleman, Amy Dowton, Noah Heim, David Meyer MOTION for Preliminary Injunction by Charlie Coleman, Amy Dowton, Noah Heim, David Meyer (ECO)
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Filing 16
REPLY to #15 Response to #5 in support of Motion for Permanent Injunction filed by Charlie Coleman, Amy Dowton, Noah Heim, David Meyer. (Attachments: #1 Affidavit Second Declaration of Nicole Tovey with Exhibits)(Wiest, Christopher) Modified text on 7/12/2022 (ECO).
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Filing 15
RESPONSE in Opposition re #5 EMERGENCY MOTION to Expedite by Charlie Coleman, Amy Dowton, Noah Heim, David Meyer MOTION for Permanent Injunction by Charlie Coleman, Amy Dowton, Noah Heim, David Meyer MOTION for Preliminary Injunction by Charlie Coleman, Amy Dowton, Noah Heim, David Meyer filed by Kimber Fender, Richard Mason, Joshua Perkins, Peggy Schultz, Janis Winbigler. (Attachments: #1 Exhibit Record of Board Proceedings, #2 Exhibit Emails, #3 Exhibit 2020 Division Boundary Lines, #4 Exhibit Assignment of Voting Precinct, #5 Exhibit Board Boundary Lines, #6 Exhibit Affidavit)(Stewart, Mary)
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Filing 14
AGREED ORDER: l. The Campbell County Board of Elections Defendants waive service and agree that they have been served through their Counsel; 2. The Campbell County Board of Elections Defendants agree to be bound by any judgment of the Court and to comply with any orders of the Court as is within their purview, recognizing there are practical time constraints for filing deadlines, and statutory deadlines for printing ballots; 3. The Campbell County Board of Elections Defendants will not be required to, and will not, file an Answer or other responsive pleading, or otherwise participate in the prosecution and defense of Plaintiffs' claims, except as the Court may require and order for informational purposes. 4. The Campbell County Board of Elections Defendants shall not be liable to Plaintiffs for any "prevailing party" attorney fees or costs that may be awarded in this matter; nothing in this paragraph shall constitute a waiver of such fees or costs against the Campbell County Board of Education Defendants. Signed by Judge David L. Bunning on 06/30/2022. (SLG)cc: COR
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***MOTION SUBMITTED TO CHAMBERS of Candace J. Smith for review: re #13 Proposed Agreed Order re Campbell County Board of Elections Defendants by Charlie Coleman, Amy Dowton, Noah Heim, David Meyer. (SLG)
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Filing 13
Proposed Agreed Order re Campbell County Board of Elections Defendants by Charlie Coleman, Amy Dowton, Noah Heim, David Meyer. (Wiest, Christopher)
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Filing 12
MINUTE ENTRY ORDER FOR STATUS CONFERENCE held on 6/17/2022, before Judge David L. Bunning: IT IS ORDERED as follows: 1. Defendants shall file their combined Response to Plaintiffs Motion for Preliminary or Permanent Injunction, Request to Expedite Schedule, Set Hearing, and Provide Relief (Doc. #5 ) not later than Tuesday, July 5, 2022. In their Response, Defendants shall indicate whetherthey challenge Plaintiffs' calculations of the deviation from mean of the five school districts.(See Doc. #5 -1 at 2). Defendants shall also include in their Response the history of the school board districts being redrawn, and indicate the last time they were changed prior to the inclusion of the Silver Grove precinct. 2. Plaintiffs shall file their Reply not later than Monday, July 11, 2022. 3. An Oral Argument on the above pending motion is hereby set for Thursday, July 14, 2022 at11:00 a.m. in Covington. (Tape #KYED-COV 22-cv-57-DLB-CJS 20220617 093456.) (ECO)cc: COR
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Filing 11
NOTICE OF APPEARANCE by Kimber Fender, Richard Mason, Joshua Perkins, Peggy Schultz, Janis Winbigler. (Mando, Jeffrey)
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Filing 10
NOTICE OF APPEARANCE by Mike Jansen, James Luersen, Jim Schroer, Jack Snodgrass. (Mando, Jeffrey)
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Clerk's Note: re #11 NOTICE OF APPEARANCE as to Defendants Fender, Mason, Perkins, Schultz, Winbigler. Attorney called to advise Notice filed under wrong log in. It should have been filed under Mary Ann Stewart who will be representing these defendants. Clerk updated attorney's representation with correct participants. (TJZ)
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Filing 9
STIPULATION as to service between Plaintiffs and Board of Elections Defendants by Charlie Coleman, Amy Dowton, Noah Heim, David Meyer. (Wiest, Christopher)
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Filing 8
VIRTUAL ORDER: Plaintiffs having filed a motion for injunctive relief in this matter #5 , IT IS ORDERED that this matter is scheduled for a STATUS CONFERENCE on Friday, 6/17/2022 at 10:00 AM in COVINGTON. During that conference the Court will set a briefing schedule on the motion and discuss possible dates for a hearing on the motion. Signed by Judge David L. Bunning on 06/10/2022.(SLG)cc: COR,COV Diary
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Filing 7
AGREED ORDER AS TO SERVICE: 1) The Board of Education Defendants stipulate and agree that they have been servedwith the Complaint, Summons, and the Plaintiffs Motion to Expedite and forPreliminary and Permanent Injunction, by and through service upon their counselthrough electronic mail, on 6/8/; 2) Plaintiffs agree and stipulate that the Board of Education Defendants may move,answer, or otherwise plead on or before 8/8/2022; 3) Any deadlines for response to the Motion to Expedite and for Preliminary andPermanent Injunction shall be pursuant to the timelines set forth in the local rules, or as may be ordered by the Court. Signed by Magistrate Judge Candace J. Smith on 6/9/2022. (TJZ)cc: COR
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Filing 6
Proposed Agreed Order as to service, between Plaintiffs and Board of Education Defendants by Charlie Coleman, Amy Dowton, Noah Heim, David Meyer. (Wiest, Christopher)
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***MOTION SUBMITTED TO CHAMBERS of David L. Bunning for review: re #5 EMERGENCY MOTION to Expedite by Charlie Coleman, Amy Dowton, Noah Heim, David Meyer MOTION for Permanent Injunction by Charlie Coleman, Amy Dowton, Noah Heim, David Meyer MOTION for Preliminary Injunction by Charlie Coleman, Amy Dowton, Noah Heim, David Meyer (SLG)
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Filing 5
EMERGENCY MOTION to Expedite by Charlie Coleman, Amy Dowton, Noah Heim, David Meyer , MOTION for Permanent Injunction by Charlie Coleman, Amy Dowton, Noah Heim, David Meyer , MOTION for Preliminary Injunction by Charlie Coleman, Amy Dowton, Noah Heim, David Meyer Motions referred to Candace J. Smith. (Attachments: #1 Memorandum in Support Memorandum in Support, #2 Affidavit Declaration of Nicole Tovey, #3 Proposed Order Proposed Order)(Wiest, Christopher)
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Filing 4
STANDING REFERRAL ORDER: 1) Case referred to assigned U.S. Magistrate Judge at Covington to supervise discovery and pretrial proceedings; 2) Magistrate Judge is authorized to conduct all pretrial and status conferences, to hold such hearings as may be required, and to rule on nondispositive motions, except motions in limine. Dispositive motions and motions in limine will be referred by the Clerk of this court to the undersigned. The final pretrial conference and trial will also be before the undersigned, unless parties agree to a trial by a Magistrate Judge; 3) Discovery disputes shall be resolved in the following manner: (1) Parties to meet/confer in an attempt to resolve disputes; (2) If parties unable to resolve such disputes formally, they shall attempt to resolve their disagreements by telephone conference with the Magistrate Judge; 3) If parties unable to resolve their disputes after conference with the Magistrate Judge, they may file appropriate written motions with the Court, which shall include the certification required. Signed by Judge David L. Bunning on 1/13/2011.(SLG)cc: COR
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Filing 3
Summons Issued as to All Defendants ; Summons issued and returned to counsel electronically for service by electronically. (SLG)
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Filing 1
COMPLAINT ( Filing fee $402; receipt number AKYEDC-5284541), filed by Amy Dowton, Charlie Coleman, Noah Heim, David Meyer. (Attachments: #1 Civil Cover Sheet, #2 Summons)(SLG)
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Conflict Check run. (SLG)
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