Cummings v. Brunner

Cummings v. Brunner

Plaintiff:	Norman B. Cummings
Defendant:	Charles E Calvert, The Ohio Elections Commission, Jennifer Brunner, Bryan Felmet, Jayme Smoot, Larry L Wolpert, Philip Richter, Degee Wilhem, Harvey H Shapiro and John R Mroczowski
Case Number:	2:2010cv00982
Filed:	October 29, 2010
Court:	US District Court for the Southern District of Ohio
Office:	Columbus Office
County:	FRANKLIN
Presiding Judge:	Terence P Kemp
Referring Judge:	George C Smith
Nature of Suit:	Civil Rights: Other
Cause of Action:	28 U.S.C. § 1441
Jury Demanded By:	None

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Docket Report

This docket was last retrieved on June 9, 2011. A more recent docket listing may be available from PACER.

Date Filed	Document Text
June 9, 2011	Filing 44 CLERK'S JUDGMENT. Signed by the Clerk of Court on 6/9/11. (lvw1)
June 8, 2011	Filing 43 OPINION AND ORDER granting #4 Motion for TRO; granting #5 Motion for Preliminary Injunction; denying #9 Motion to Dissolve State Court Injunction in case 2:10-cv-00982-GCS-TPK; granting (4) Motion for TRO; granting (4) Motion for Preliminary Injunction; granting (5) Motion for Preliminary Injunction; denying (10) Motion to Dissolve State Court Injunction in case 2:10-cv-00983-GCS-TPK; granting (22) Motion to Dismiss for Failure to State a Claim in case 2:10-cv-01148-GCS-TPK. Signed by Judge George C Smith on 6-8-11. Associated Cases: 2:10-cv-00982-GCS-TPK, 2:10-cv-00983-GCS-TPK, 2:10-cv-01148-GCS-TPK (ga)
May 31, 2011	Notice of Correction re #42 Reply to Response to Motion - Docket text corrected to read as follows - "REPLY to Response to Motion re (22 in 2:10-cv-01148-GCS-TPK) MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Defendant Jennifer Brunner." (kk2)
May 27, 2011	Filing 42 REPLY to Response to Motion re (22 in 2:10-cv-01148-GCS-TPK) MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Defendant Jennifer Brunner. (Coglianese, Richard) Modified on 5/31/2011 to correct text (kk2)
May 24, 2011	Filing 41 AGREED ORDER OF PARTIAL DISMISSAL. Signed by Judge George C Smith on 5-24-11. Associated Cases: 2:10-cv-00982-GCS-TPK, 2:10-cv-00983-GCS-TPK, 2:10-cv-01148-GCS-TPK (ga)
May 23, 2011	Filing 40 ORDER granting #39 in 2:10-cv-00982, (41) in 2:10-cv-00983 and (35) in 2:10-cv-01148 Defendant Secretary of State Jon Husted's Motion for Extension of Time to File Reply in Support of (22 in 2:10-cv-01148-GCS-TPK) MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM in case 2:10-cv-01148-GCS-TPK. Replies due by 5/27/2011. Signed by Magistrate Judge Terence P Kemp on 5/23/2011. Associated Cases: 2:10-cv-00982-GCS-TPK, 2:10-cv-00983-GCS-TPK, 2:10-cv-01148-GCS-TPK (er1) Modified on 5/24/2011 to clarify text (kk2)
May 19, 2011	Filing 39 Unopposed MOTION for Extension of Time to File Response/Reply as to (22 in 2:10-cv-01148-GCS-TPK) MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Jennifer Brunner. New date requested 5/27/2011. Associated Cases: 2:10-cv-00982-GCS-TPK, 2:10-cv-00983-GCS-TPK, 2:10-cv-01148-GCS-TPK (Coglianese, Richard) Modified on 5/20/2011 to correct text & doc link (kk2)
May 6, 2011	Filing 38 RESPONSE in Opposition re (22 in 2:10-cv-01148-GCS-TPK) MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Plaintiffs Thomas E Brinkman, Jr, David Hansen, LetOhioVote.org & Gene Pierce. Associated Cases: 2:10-cv-00982-GCS-TPK, 2:10-cv-00983-GCS-TPK, 2:10-cv-01148-GCS-TPK (Bolinger, Joshua)
April 27, 2011	Filing 37 ORDER granting #35 Motion for Extension of Time to File Response/Reply re ( #29 in 2:10-cv-00982-GCS-TPK) MOTION to Dismiss for Lack of Jurisdiction re (11) Amended Complaint - Responses due by 5/6/2011. Signed by Magistrate Judge Terence P Kemp on 4/27/11. Associated Cases: 2:10-cv-00982-GCS-TPK, 2:10-cv-00983-GCS-TPK, 2:10-cv-01148-GCS-TPK (jcw1)
April 22, 2011	Filing 36 ORDER granting (30) in 2:11-cv-01148-GCS-TPK Unopposed Motion for Extension of Time to File Response to ((22) in 2:10-cv-01148-GCS-TPK) MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM & ((23) in 2:10-cv-01148-GCS-TPK) MOTION to Dismiss for Lack of Jurisdiction filed by LetOhioVote.org, Thomas E. Brinkman, Jr., David Hansen, Carlo Loparo & Gene Pierce. Responses due by 5/6/2011. Signed by Magistrate Judge Terence P Kemp on 4/22/2011. Associated Cases: 2:10-cv-00982-GCS-TPK, 2:10-cv-00983-GCS-TPK, 2:10-cv-01148-GCS-TPK (kjm1) Modified on 4/25/2011 to correct text (kk2)
April 21, 2011	Filing 35 Unopposed MOTION for Extension of Time to File Response/Reply re ( #29 in 2:10-cv-00982-GCS-TPK) Motion to Dismiss for Lack of Jurisdiction by Plaintiff Norman B. Cummings. New date requested 5/23/2011. Associated Cases: 2:10-cv-00982-GCS-TPK, 2:10-cv-00983-GCS-TPK, 2:10-cv-01148-GCS-TPK (Laliberte, Brian) Modified on 4/22/2011 to correct text & add doc link (kk2)
April 20, 2011	Filing 34 Unopposed MOTION for Extension of Time to File Response/Reply as to (22 in 2:10-cv-01148-GCS-TPK) MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM & (23 in 2:10-cv-01148-GCS-TPK) MOTION to Dismiss for Lack of Jurisdiction (1) the Complaint filed by LetOhioVote.org, Thomas E. Brinkman, Jr., David Hansen, Carlo Loparo, and Gene Pierce, by Plaintiffs Thomas E Brinkman, Jr, David Hansen, LetOhioVote.org & Gene Pierce. New date requested 5/23/2011. Associated Cases: 2:10-cv-00982-GCS-TPK, 2:10-cv-00983-GCS-TPK, 2:10-cv-01148-GCS-TPK (Bolinger, Joshua)
March 21, 2011	Filing 33 ORDER granting doc. (28) Motion for Extension of Time to File Response re doc. (22) MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, doc. (23) MOTION to Dismiss for Lack of Jurisdiction 1 the Complaint filed by LetOhioVote.org, Thomas E. Brinkman, Jr., David Hansen, Carlo Loparo, and Gene Pierce in case 2:10-cv-1148- Responses due by 4/21/2011. Signed by Magistrate Judge Terence P Kemp on 03/21/2011. Associated Cases: 2:10-cv-00982-GCS-TPK, 2:10-cv-00983-GCS-TPK (sr)
March 16, 2011	Filing 32 ORDER granting #31 Motion for Extension of Time to File Response re #29 MOTION to Dismiss for Lack of Jurisdiction the Amended Complaint Filed by Norman B. Cummings (Case No. 2:10-cv-0982). Responses due by 4/21/2011. Signed by Magistrate Judge Terence P Kemp on 3/16/2011. Associated Cases: 2:10-cv-00982-GCS-TPK, 2:10-cv-00983-GCS-TPK, 2:10-cv-01148-GCS-TPK (pes1) Modified on 3/17/2011 to clarify text (kk2)
March 14, 2011	Filing 31 MOTION for Extension of Time to File Response/Reply as to ( #29 in 2:10-cv-00982-GCS-TPK, 31 in 2:10-cv-00893-GCS-TPK & 24 in 2:10-cv-01148-GCS-TPK) MOTION to Dismiss for Lack of Jurisdiction the Amended Complaint Filed by Norman B. Cummings (Case No. 2:10-cv-0982) New date requested 4/21/2011. by Plaintiff Norman B. Cummings. Associated Cases: 2:10-cv-00982-GCS-TPK, 2:10-cv-00983-GCS-TPK, 2:10-cv-01148-GCS-TPK (Laliberte, Brian) Modified on 3/15/2011 to correct text to add links to 10-982 & 10-983 (kk2)
March 9, 2011	Filing 30 NOTICE of Appearance by William M Todd for Plaintiff Norman B. Cummings Associated Cases: 2:10-cv-00982-GCS-TPK, 2:10-cv-00983-GCS-TPK, 2:10-cv-01148-GCS-TPK (Todd, William)
March 8, 2011	Filing 29 MOTION to Dismiss for Lack of Jurisdiction re #11 Amended Complaint by Defendants Charles E Calvert, Bryan Felmet, John R Mroczowski, Philip Richter, Harvey H Shapiro, Jayme Smoot, Degee Wilhelm & Larry L Wolpert. Responses due by 4/1/2011 (Schuler, Michael) Modified on 3/9/2011 to add doc link (kk2)
March 3, 2011	Filing 28 MOTION to Dismiss for Lack of Jurisdiction the Complaint filed by LetOhioVote.org, Thomas E. Brinkman, Jr., David Hansen, Carlo Loparo, and Gene Pierce (2:10-cv-1148) by Defendants Charles E Calvert, Bryan Felmet, John R Mroczowski, Philip Richter, Harvey H Shapiro, Jayme Smoot, Degee Wilhelm & Larry L Wolpert. Responses due by 3/28/2011 (Gale, Erick) Modified on 3/4/2011 to correct text (kk2)
March 2, 2011	Filing 27 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Jennifer Brunner. (Attachments: #1 Exhibit Complaint, #2 Exhibit Motion, #3 Exhibit State Court Decision) (Coglianese, Richard)
February 2, 2011	Filing 26 REPLY to Response to Motion re (10 in 2:10-cv-00983-GCS-TPK) MOTION to Dissolve the State Court Injunction filed by Defendant Jennifer Brunner. (Attachments: #1 Exhibit Franklin County Decision, #2 Exhibit 10th District Order) Associated Cases: 2:10-cv-00982-GCS-TPK, 2:10-cv-00983-GCS-TPK, 2:10-cv-01148-EAS-TPK (Coglianese, Richard) Modified on 2/3/2011 to correct filer (kk2)
February 2, 2011	Filing 25 REPLY to Response to Motion re ( #9 in 2:10-cv-00982-GCS-TPK) MOTION to Dissolve State Court Injunction filed by Defendant Jennifer Brunner. (Attachments: #1 Exhibit Hamilton County Decision) Associated Cases: 2:10-cv-00982-GCS-TPK, 2:10-cv-00983-GCS-TPK, 2:10-cv-01148-EAS-TPK (Coglianese, Richard) Modified on 2/3/2011 to correct filer (kk2)
February 2, 2011	Filing 24 ANSWER to #11 Amended Complaint filed by Jennifer Brunner. (Coglianese, Richard) Modified on 2/3/2011 to correct filer (kk2)
January 21, 2011	Set/Reset Deadlines as to #9 MOTION to Dissolve State Court Injunction: Replies due by 2/2/2011 (kk2)
January 20, 2011	Filing 23 NOTICE of Appearance by Pearl Chin for Defendant Jennifer Brunner in Case No. 2:10-cv-1148 Only. Associated Cases: 2:10-cv-00982-GCS-TPK, 2:10-cv-00983-GCS-TPK, 2:10-cv-01148-EAS-TPK (Chin, Pearl) Modified on 1/21/2011 to clarify text (kk2)
January 20, 2011	Filing 22 ORDER granting #20 Defendant Secretary of State's Motion for Extension of Time to File a Reply in Support of the #9 Motion to Dissolve the State Court Injunction and to Respond to the Complaint by 2/2/2011. Signed by Magistrate Judge Terence P Kemp on 1/19/2011. (er1) Modified on 1/21/2011 to add doc link to mtn to dissolve (kk2)
January 18, 2011	Filing 21 NOTICE of Voluntary Dismissal of Defendant The Ohio Elections Commission in Case No. 2:10-cv-0983 by Plaintiffs Timothy Crawford & New Models. Associated Cases: 2:10-cv-00982-GCS-TPK, 2:10-cv-00983-GCS-TPK, 2:10-cv-01148-EAS-TPK (Tucker, Robert) Modified on 1/19/2011 to clarify text (kk2)
January 14, 2011	Filing 20 Unopposed MOTION for Extension of Time to File Answer re #11 Amended Complaint and Reply in Support re #9 MOTION to Dissolve State Court Injunction by Defendant Jennifer Brunner. New date requested 2/2/2011. (Coglianese, Richard) Modified on 1/18/2011 to correct text, filing event & add doc links (kk2)
January 14, 2011	Filing 19 NOTICE of Voluntary Dismissal of Defendant Ohio Elections Commission in case no. 2:10-cv-0982 by Plaintiff Norman B. Cummings Associated Cases: 2:10-cv-00982-GCS-TPK, 2:10-cv-00983-GCS-TPK, 2:10-cv-01148-EAS-TPK (Laliberte, Brian) Modified on 1/18/2011 to correct text (kk2)
January 12, 2011	Filing 17 ORDER granting #(6) Motion to Consolidate Cases filed in 2:10-cv-1148. The cases are consolidated under case no. 2:10-cv-0982. Signed by Magistrate Judge Terence P Kemp on 1/12/2011. Associated Cases: 2:10-cv-00982-GCS-TPK, 2:10-cv-00983-GCS-TPK (kk2)
January 11, 2011	Filing 18 ORDER granting #(11) Motion for Extension of Time to Answer in case: 2:10-cv-1148. Jennifer Brunner answer due 3/1/2011. Signed by Magistrate Judge Terence P Kemp on 01/11/2011. Associated Cases: 2:10-cv-00982-GCS-TPK, 2:10-cv-00983-GCS-TPK (sr)
January 11, 2011	Filing 16 WAIVER OF SERVICE Returned Executed. Waiver sent to Charles E Calvert on 1/7/2011, answer due 3/8/2011; Bryan Felmet on 1/7/2011, answer due 3/8/2011; John R Mroczowski on 1/7/2011, answer due 3/8/2011; Philip Richter on 1/7/2011, answer due 3/8/2011; Harvey H Shapiro on 1/7/2011, answer due 3/8/2011; Jayme Smoot on 1/7/2011, answer due 3/8/2011; The Ohio Elections Commission on 1/7/2011, answer due 3/8/2011; Degee Wilhelm on 1/7/2011, answer due 3/8/2011; Larry L Wolpert on 1/7/2011, answer due 3/8/2011. (Laliberte, Brian)
December 30, 2010	Filing 15 ORDER granting ( #14 in 2:10-cv-00982-GCS-TPK & 16 in 2:10-cv-00983) Motion for Extension of Time to File Reply re ( #9 in 2:10-cv-00982-GCS-TPK & 10 in 2:10-cv-00983-GCS-TPK) MOTION to Dissolve State Court Injunction - Replies due by 1/19/2011. Signed by Magistrate Judge Terence P Kemp on 12/30/10. Associated Cases: 2:10-cv-00982-GCS-TPK, 2:10-cv-00983-GCS-TPK (jcw1) Modified on 1/3/2011 to correct text to add links to 10-983 (kk2)
December 29, 2010	Filing 14 Unopposed MOTION for Extension of Time to File Response/Reply re #9 MOTION to Dissolve State Court Injunction and to File Answer by Defendant Jennifer Brunner. New date requested 1/19/2011. (Coglianese, Richard) Modified on 12/30/2010 to correct text, filing event & add doc link to mtn (kk2)
December 20, 2010	Filing 13 RESPONSE in Opposition re #9 MOTION to Dissolve State Court Injunction filed by Plaintiff Norman B. Cummings. (Attachments: #1 Exhibit EXHIBIT 1) (Laliberte, Brian)
December 16, 2010	Filing 12 ORDER granting #10 Motion for Extension of Time to File Response/Reply re #9 MOTION to Dissolve State Court Injunction Responses due by 12/20/2010. Signed by Magistrate Judge Terence P Kemp on 12/16/2010. (sr)
December 15, 2010	AMENDED COMPLAINT against Charles E Calvert, Bryan Felmet, John R Mroczowski, Philip Richter, Harvey H Shapiro, Jayme Smoot, The Ohio Elections Commission, Degee Wilhelm & Larry L Wolpert filed by Norman B. Cummings.SEE DOCKET #11 FOR DOCUMENT. This entry is being created to add and associate the 9 new defendants as they were not added to the docket as parties when counsel electronically filed their amended complaint. (kk2)
December 15, 2010	Filing 11 AMENDED COMPLAINT against Jennifer Brunner filed by Norman B. Cummings. (Attachments: #1 Exhibit 1) (Laliberte, Brian)
December 15, 2010	Filing 10 First MOTION for Extension of Time to File Response/Reply as to #9 MOTION to Dissolve State Court Injunction by Plaintiff Norman B. Cummings. New date requested 12/20/2010. (Laliberte, Brian)
November 22, 2010	Filing 9 MOTION to Dissolve State Court Injunction by Defendant Jennifer Brunner. (Coglianese, Richard) Modified on 11/23/2010 renumbered document. (lvw1).
November 9, 2010	State Record (10CVH14395) Received (sr)
November 2, 2010	Filing 8 RELATED CASE MEMORANDUM ORDER: The Judges agree that this case and case number 2:10-cv-983 ARE related. Signed by Judge George C Smith and Judge James L Graham on 11/2/2010. (pes1)
October 29, 2010	Filing 7 NOTICE of Docketing Removal by Clerk of Southern District of Ohio (kk2)
October 29, 2010	Filing 6 RESPONSE in Opposition to #5 MOTION for Preliminary Injunction filed originally in Tenth District Court of Appeals by Defendant Jennifer Brunner. (er1)
October 29, 2010	Filing 5 MOTION for Preliminary Injunction filed in Tenth District Court of Appeals by Plaintiff Norman B. Cummings. (er1)
October 29, 2010	Filing 4 MOTION for Temporary Restraining Order filed in Franklin County Common Pleas Court by Plaintiff Norman B. Cummings. [ELECTION ISSUE(S) CITED] (Attachments: #1 Exhibit 1) (pes1) Modified on 11/1/2010 to correct text (kk2)
October 29, 2010	Filing 3 COMPLAINT filed by Norman B. Cummings in Franklin County Common Pleas Court against Jennifer Brunner. [ELECTION ISSUE(S) CITED] (Attachments: #1 Exhibit 1) (pes1)
October 29, 2010	Filing 2 NOTICE OF REMOVAL from Franklin County Common Pleas Court, case number 10CVH 09 14395, filed by Jennifer Brunner. [ELECTION ISSUE(S) CITED] (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit L, #12 Exhibit M, #13 Exhibit N, #14 Exhibit O, #15 Exhibit P, #16 Exhibit Q, #17 Exhibit R) (pes1)
October 29, 2010	Filing 1 Civil and Supplemental Cover Sheet. (pes1)
October 29, 2010	Filing fee (Removal): $ 350, receipt number COL14564 (pes1)
October 29, 2010	Set Deadlines/Hearings: All parties are hereby notifed that a Scheduling Conference will be held on Monday, November 1, 2010 at 11:00 AM via telephone. The parties are instructed to call into the Conference (614) 719-3235. The conference code is (123456). The parties shall be prepared to discuss a briefing schedule on this matter. (gcs2)

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Defendant: Charles E Calvert
Represented By:	Michael Joseph Schuler
Represented By:	Erick D Gale
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Defendant: The Ohio Elections Commission
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Defendant: Jennifer Brunner
Represented By:	Richard Nicholas Coglianese
Represented By:	Erick D Gale
Represented By:	Pearl M. Chin
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Defendant: Bryan Felmet
Represented By:	Michael Joseph Schuler
Represented By:	Erick D Gale
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Defendant: Jayme Smoot
Represented By:	Michael Joseph Schuler
Represented By:	Erick D Gale
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Defendant: Larry L Wolpert
Represented By:	Michael Joseph Schuler
Represented By:	Erick D Gale
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Defendant: Philip Richter
Represented By:	Michael Joseph Schuler
Represented By:	Erick D Gale
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Defendant: Degee Wilhem
Represented By:	Michael Joseph Schuler
Represented By:	Erick D Gale
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Defendant: Harvey H Shapiro
Represented By:	Michael Joseph Schuler
Represented By:	Erick D Gale
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Defendant: John R Mroczowski
Represented By:	Michael Joseph Schuler
Represented By:	Erick D Gale
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Plaintiff: Norman B. Cummings
Represented By:	David Freeman Axelrod
Represented By:	William M Todd
Represented By:	Brian J Laliberte
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