Baten et al v. McMaster et al Featured Case

Several prominent law firms and professors have filed lawsuits in four federal district courts alleging that the Electoral College voting system used in the nation's presidential elections is unconstitutional. The complaints allege that the system denies citizens the right to an equal vote, in violation of the First Amendment rights to political expression and association and the principle of one-person-one-vote under the Fourteenth Amendment. The complaint filed in South Carolina names South Carolina Governor Henry McMaster and seven other individuals and entities as defendants.

Plaintiff: Eugene Baten, Chester Willis, Charlette Plummer-Wooley, Bakari Sellers, Cory C Alpert and Benjamin Horne
Defendant: Henry McMaster, Mark Hammond, South Carolina Election Commission, The, Billy Way, Jr, Mark Benson, Marilyn Bower, E. Allen Dawson and Nicole Spain White
Case Number: 2:2018cv00510
Filed: February 21, 2018
Court: South Carolina District Court
Office: Charleston Office
County: Richland
Presiding Judge: Patrick Michael Duffy
Nature of Suit: Voting
Cause of Action: 28:1343
Jury Demanded By: None

Docket Report

We have record of the following docket entries for this case:

Date Filed#Document Text
May 31, 2018 24 RESPONSE in Opposition re 14 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , 17 MOTION to Dismiss Response filed by Cory C Alpert, Eugene Baten, Benjamin Horne, Charlette Plummer-Wooley, Bakari Sellers, Chester Willis.Reply to Response to Motion due by 6/7/2018 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: # 1 Exhibit Ex. A - Plaintiffs Br. Before Hrg Upon the Merits, Williams v. Virginia State Board of Elections, C.A. No. 4768-A (E.D. Va. May 24, 1968), # 2 Exhibit Ex. B - Unpublished case law)(Harpootlian, Richard)
May 14, 2018 23 Featured Case ORDER granting 22 Motion for Extension of Time to File Response/Reply as to 14 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , 17 MOTION to Dismiss. Response to Motion due by 5/31/2018. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. Signed by Honorable Patrick Michael Duffy on 05/14/2018. (egra, )
May 14, 2018 22 Consent MOTION for Extension of Time to File Response/Reply as to 14 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , 17 MOTION to Dismiss by Cory C Alpert, Eugene Baten, Benjamin Horne, Charlette Plummer-Wooley, Bakari Sellers, Chester Willis. Response to Motion due by 5/29/2018. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Kenney, Christopher)
May 7, 2018 21 Featured Case ORDER granting 18 Motion to Appear Pro Hac Vice by Cassandra Kerkhoff Johnson, Esquire. Signed by Honorable Patrick Michael Duffy on 5/7/18.(chub, ) (Main Document 21 replaced on 5/8/2018) (egra, ). Modified on 5/8/2018 to replace with corrected order (egra, ).
May 7, 2018 20 Featured Case ORDER granting 19 Motion to Appear Pro Hac Vice by Randall L. Allen, Esquire. Signed by Honorable Patrick Michael Duffy on 5/7/18.(chub, )
May 4, 2018 19 Consent MOTION to Appear Pro Hac Vice by Randall L. Allen ( Filing fee $ 250 receipt number 0420-7762902) by Cory C Alpert, Eugene Baten, Benjamin Horne, Charlette Plummer-Wooley, Bakari Sellers, Chester Willis. Response to Motion due by 5/18/2018. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Exhibit A - Affidavit/Application for Pro Hac Vice Admission for Randall L. Allen)No proposed order.(Harpootlian, Richard)
May 4, 2018 18 Consent MOTION to Appear Pro Hac Vice by Cassandra Kerkhoff Johnson ( Filing fee $ 250 receipt number 0420-7762880) by Cory C Alpert, Eugene Baten, Benjamin Horne, Charlette Plummer-Wooley, Bakari Sellers, Chester Willis. Response to Motion due by 5/18/2018. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Exhibit A - Application/Affidavit for Pro Hac Vice Admission for Cassandra Kerkhoff Johnson)No proposed order.(Harpootlian, Richard)
May 3, 2018 17 MOTION to Dismiss by Mark Hammond. Response to Motion due by 5/17/2018. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Bowers, Karl)
May 3, 2018 16 Local Rule 26.01 Answers to Interrogatories by Mark Hammond.(Bowers, Karl)
May 3, 2018 15 NOTICE of Appearance by Karl S Bowers, Jr on behalf of Mark Hammond (Bowers, Karl)
May 3, 2018 14 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Henry McMaster. Response to Motion due by 5/17/2018. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Memo in Support)No proposed order.(Limehouse, Thomas)
April 18, 2018 13 Local Rule 26.01 Answers to Interrogatories by Mark Benson, Marilyn Bower, E. Allen Dawson, South Carolina Election Commission, The, Billy Way, Jr, Nicole Spain White.(Trinkley, Jane)
April 18, 2018 12 ANSWER to 1 Complaint, by Mark Benson, Marilyn Bower, E. Allen Dawson, South Carolina Election Commission, The, Billy Way, Jr, Nicole Spain White.(Trinkley, Jane)
April 17, 2018 11 Featured Case ORDER granting 10 Motion for Extension of Time. It is hereby ordered that the deadline by which Governor McMaster and Secretary Hammond must answer or otherwise respond to Plaintiffs Complaint is extended until May 3, 2018. Signed by Honorable Patrick Michael Duffy on 04/17/2018. (egra, )
April 16, 2018 10 Consent MOTION for Extension of Time to Answer or Otherwise Respond to Plaintiffs' Complaint by Henry McMaster. Response to Motion due by 4/30/2018. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. Proposed order is being emailed to chambers with copy to opposing counsel.(Limehouse, Thomas)
April 16, 2018 9 Local Rule 26.01 Answers to Interrogatories by Henry McMaster.(Limehouse, Thomas)
April 16, 2018 8 NOTICE of Appearance by Thomas Ashley Limehouse, Jr on behalf of Henry McMaster (Limehouse, Thomas)
March 21, 2018 7 ACCEPTANCE OF SERVICE OF COMPLAINT by Charlette Plummer-Wooley, Eugene Baten, Chester Willis, Cory C Alpert, Benjamin Horne, Bakari Sellers. Mark Benson served on 3/17/2018, answer due 4/9/2018; E. Allen Dawson served on 3/16/2018, answer due 4/6/2018. (Attachments: # 1 Exhibit A - Affidavit of Service of E. Allen Dawson, in his official capacity as Commission Member of the Election Commission, # 2 Exhibit B -Affidavit of Service of Mark Benson, in his official capacity as Commission Member of the Election Commission)(Kenney, Christopher)
March 15, 2018 6 SUMMONS Returned Executed by Charlette Plummer-Wooley, Eugene Baten, Chester Willis, Cory C Alpert, Benjamin Horne, Bakari Sellers. Marilyn Bower served on 3/10/2018, answer due 4/2/2018; Mark Hammond served on 3/8/2018, answer due 3/29/2018; South Carolina Election Commission, The served on 3/8/2018, answer due 3/29/2018; Billy Way, Jr served on 3/8/2018, answer due 3/29/2018; Nicole Spain White served on 3/8/2018, answer due 3/29/2018. (Attachments: # 1 Exhibit A - Affidavit of Service of Marilyn Bower, in her official capacity as a Commission Member of the Election Commission, # 2 Exhibit B - Affidavit of Service of Mark Hammond, in his official capacity as Secretary of State of the State of South Carolina, # 3 Exhibit C - Affidavit of Service of Nicole Spain White, in her official capacity as Commission Member of the Election Commission, # 4 Exhibit D - Affidavit of Service of the South Carolina Election Commission, # 5 Exhibit E - Affidavit of Service of Billy Way, in his official capacity as a Chair of the Election Commission)(Kenney, Christopher)
March 9, 2018 5 ACCEPTANCE OF SERVICE OF COMPLAINT by Charlette Plummer-Wooley, Eugene Baten, Chester Willis, Cory C Alpert, Benjamin Horne, Bakari Sellers. Henry McMaster served on 3/8/2018, answer due 3/29/2018. (Attachments: # 1 Exhibit A - Notice of Filing Acceptance of Service for Defendant Henry McMaster, in his official capacity as Governor of the State of South Carolina)(Kenney, Christopher)
February 21, 2018 4 Local Rule 26.01 Answers to Interrogatories by Cory C Alpert, Eugene Baten, Benjamin Horne, Charlette Plummer-Wooley, Bakari Sellers, Chester Willis. (egra, )
February 21, 2018 2 Summons Issued as to Mark Benson, Marilyn Bower, E. Allen Dawson, Mark Hammond, Henry McMaster, South Carolina Election Commission, The, Billy Way, Jr, Nicole Spain White. (Attachments: # 1 Exhibit Attachment to Summons) (egra, )
February 21, 2018 1 COMPLAINT against Mark Benson, Marilyn Bower, E. Allen Dawson, Mark Hammond, Henry McMaster, South Carolina Election Commission, The, Billy Way, Jr, Nicole Spain White ( Filing fee $ 400 receipt number 0420-7624616.), filed by Charlette Plummer-Wooley, Eugene Baten, Chester Willis, Cory C Alpert, Benjamin Horne, Bakari Sellers. Service due by 5/22/2018. (egra, )

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Plaintiff: Eugene Baten
Represented By: Richard A Harpootlian
Represented By: Christopher P Kenney
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Plaintiff: Chester Willis
Represented By: Richard A Harpootlian
Represented By: Christopher P Kenney
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Plaintiff: Charlette Plummer-Wooley
Represented By: Richard A Harpootlian
Represented By: Christopher P Kenney
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Plaintiff: Bakari Sellers
Represented By: Richard A Harpootlian
Represented By: Christopher P Kenney
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Plaintiff: Cory C Alpert
Represented By: Richard A Harpootlian
Represented By: Christopher P Kenney
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Plaintiff: Benjamin Horne
Represented By: Richard A Harpootlian
Represented By: Christopher P Kenney
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Defendant: Henry McMaster
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Defendant: Mark Hammond
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Defendant: South Carolina Election Commission, The
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Defendant: Billy Way, Jr
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Defendant: Mark Benson
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Defendant: Marilyn Bower
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Defendant: E. Allen Dawson
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Defendant: Nicole Spain White
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