Lupo et al v. Tennessee Secretary of State Tre Hargett et al
| David Price, Nicholas Lupo and Matthew Stoneman |
| Tennessee Elections Division, Coordinator of Elections Mark Goins and Tennessee Secretary of State Tre Hargett |
| 3:2024cv01088 |
| September 10, 2024 |
| US District Court for the Middle District of Tennessee |
| Waverly D Crenshaw |
| Barbara D Holmes |
| Civil Rights: Voting |
| 42 U.S.C. § 1983 Civil Rights Act |
| None |
Docket Report
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This docket was last retrieved on October 29, 2024. A more recent docket listing may be available from PACER.
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Filing 30
Mail Returned as Undeliverable - Return to Sender: No Such Number, Unable to Forward in re #23 Order. Mail sent to Nicholas Lupo. (sb)
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Filing 29
Mail Returned as Undeliverable - Return to Sender: Vacant, Unable to Forward in re #11 Order Referring Case to Magistrate Judge. Mail sent to David Price. (sb)
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Filing 28
ENTRY OF JUDGMENT re: #26 Memorandum Opinion of the Court, #27 Order Dismissing Case, (xc: Pro se parties by regular mail.) (mg)
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Filing 27
ORDER DISMISSING CASE: For the reasons set forth in the accompanying Memorandum Opinion #26 , the Motion of Defendants Tre Hargett and Mark Goins to Dismiss (Doc. No. #13 ) is GRANTED IN PART and DENIED IN PART, and this case is dismissed under Federal Rule of Civil Procedure 12(b)(6). Plaintiffs' Motion for Emergency Hearing (Doc. No. #9 ) is DENIED AS MOOT. This is a final order. The Clerk is directed to enter judgment under Federal Rule of Civil Procedure 58 and close the file. Signed by District Judge Waverly D. Crenshaw, Jr on 10/25/2024. (xc: Pro se parties by regular mail.) (mg)
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Filing 26
MEMORANDUM OPINION OF THE COURT. Signed by District Judge Waverly D. Crenshaw, Jr on 10/25/2024. (xc: Pro se parties by regular mail.) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(mg)
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Filing 25
ORDER: Pending before the Court is Defendant's motion to strike Plaintiffs' Second Amended Complaint (Docket No. #21 ), which is DENIED AS MOOT. To be clear, the basis of the denial is that the Court already ordered that Plaintiffs' Second Amended Complaint be stricken and Defendants' request for that relief is therefore unnecessary. The Clerk is directed to send a copy of this Order to Plaintiffs Matthew Stoneman and David Price by mail. Signed by Magistrate Judge Barbara D. Holmes on 10/16/2024. (xc: Pro se parties by regular mail.) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(sb)
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Filing 24
REPLY to Response to re #13 MOTION to Dismiss for Failure to State a Claim and Lack of Subject Matter Jurisdiction Sur-Reply to Reply filed by Nicholas Lupo. (Lupo, Nicholas)
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Filing 23
ORDER: On October 11, 2024, Plaintiffs responded to the motion to dismiss (Docket No. #18 ) and filed another amended complaint their "Second Amended Complaint". (Docket No. 19 ). However, Plaintiffs did not seek leave to file the second amendment, which they were expressly required to do by the plain language of Fed. R. Civ. P. 15(a)(2). The Clerk of Court is DIRECTED TO STRIKE the "Second Amended Complaint" at Docket Entry No. 19 . If Plaintiffs seek to further amend their amended complaint (Docket No. #8 ), they MUST FILE A MOTION FOR LEAVE TO AMEND that complies with Fed. R. Civ. P. 15(a)(2) and with the Court's Local Rules 7.01 and 15.01. The Clerk is directed to send a copy of this Order to Plaintiffs Matthew Stoneman and David Price by mail. Signed by Magistrate Judge Barbara D. Holmes on 10/15/2024. (xc: Pro se parties by regular mail.) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(sb)
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Filing 22
MEMORANDUM in Support of #21 MOTION to Strike 19 Amended Complaint filed by Tennessee Elections Division, Coordinator of Elections Mark Goins, Tennessee Secretary of State Tre Hargett . (Barker, Zachary)
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Filing 21
MOTION to Strike 19 Amended Complaint by Tennessee Elections Division, Coordinator of Elections Mark Goins, Tennessee Secretary of State Tre Hargett. (Barker, Zachary)
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Filing 20
REPLY to Response to re #13 MOTION to Dismiss for Failure to State a Claim and Lack of Subject Matter Jurisdiction filed by Tennessee Elections Division, Coordinator of Elections Mark Goins, Tennessee Secretary of State Tre Hargett. (Barker, Zachary)
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Filing 19
***STRICKEN per DE 23; Document removed*** AMENDED COMPLAINT Second Amended Complaint against All Defendants, filed by Nicholas Lupo.(Lupo, Nicholas) Modified on 10/15/2024 (sb).
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Filing 18
RESPONSE in Opposition re #13 MOTION to Dismiss for Failure to State a Claim and Lack of Subject Matter Jurisdiction filed by Nicholas Lupo. (Lupo, Nicholas)
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Filing 17
ORDER: This Order is entered to correct the scrivener's error in the October 8 Order, which inadvertently omitted the word "not" from numbered paragraph 8 (id. at 4) about the impermissibility of the Court giving legal advice or assistance to Plaintiffs. The Clerk is DIRECTED to replace the October 8 Order on the docket at Docket No. #16 with a corrected order. The Clerk is further DIRECTED to send a copy of this Order and a copy of the corrected October 8 Order by email to Plaintiffs at the email addresses included in the Complaint. (Docket No. #1 at 36.) Signed by Magistrate Judge Barbara D. Holmes on 10/9/2024. (xc: Pro se party by regular mail. A copy of this Order and Corrected Order delivered to Plaintiffs at the email addresses provided in the Complaint.) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(sb)
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Filing 16
ORDER: A status/case management conference was held on October 8, 2024. The following is ORDERED: Plaintiffs must respond to Defendants' motion to dismiss #13 as soon as possible and by no later than 4:00 p.m. (CDT) on October 11, 2024. Defendants may file an optional reply of no more than 5 pages, see Local Rule 7.01(a)(4), by no later than 4:00 p.m. (CDT) on the next business day following filing of Plaintiffs' response. Plaintiffs may file an optional sur-reply of no more than 5 pages by no later than 4:00 p.m. (CDT) on the next business day following filing of any reply by Defendants. Any Plaintiff who wishes to utilize electronic filing must contact Greg Bowersock by calling the Clerk's office at 615-695-2829 and speaking to Mr. Bowersock or by emailing Mr. Bowersock, at Greg_Bowersock@TNMD.uscourts.gov, to receive information on how to use the Court's CM/ECF system. The Clerk is DIRECTED to send a copy of this Order by email to Plaintiffs at the email addresses included in the Complaint. (Docket No. #1 at 36.) Signed by Magistrate Judge Barbara D. Holmes on 10/8/2024. (xc: Pro se party by regular mail. A copy of this Order delivered by email to Plaintiffs at the email addresses included in the Complaint.) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(sb) (Main Document 16 replaced on 10/9/2024) (sb).
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Filing 15
CERTIFICATE of Service via Email filed by Tennessee Elections Division, Coordinator of Elections Mark Goins, Tennessee Secretary of State Tre Hargett re #14 Memorandum in Support, filed by Tennessee Secretary of State Tre Hargett, Tennessee Elections Division, Coordinator of Elections Mark Goins, #13 MOTION to Dismiss for Failure to State a Claim and Lack of Subject Matter Jurisdiction filed by Tennessee Secretary of State Tre Hargett, Tennessee Elections Division, Coordinator of Elections Mark Goins. (Barker, Zachary)
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Minute Entry for proceedings held before Magistrate Judge Barbara D. Holmes: Status Conference held on 10/8/2024. (Hearing lasted 0:53)(MCC)
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Filing 14
MEMORANDUM in Support of #13 MOTION to Dismiss for Failure to State a Claim and Lack of Subject Matter Jurisdiction filed by Tennessee Elections Division, Coordinator of Elections Mark Goins, Tennessee Secretary of State Tre Hargett . (Barker, Zachary)
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Filing 13
MOTION to Dismiss for Failure to State a Claim and Lack of Subject Matter Jurisdiction by Tennessee Elections Division, Coordinator of Elections Mark Goins, Tennessee Secretary of State Tre Hargett. (Barker, Zachary)
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Filing 12
ORDER: As directed by the District Judge's order of September 24, 2024 (Docket No. #11 ), the undersigned will hold a telephonic status/case management conference on October 8, 2024, at 9:30 a.m. (CDT). Because Plaintiffs are representing themselves and cannot represent each other, all three Plaintiffs must participate in the status/case management conference. The Clerk is DIRECTED to send a copy of this Order to each pro se Plaintiff at their address of record. Signed by Magistrate Judge Barbara D. Holmes on 9/26/2024. (xc: Pro se party by regular mail.) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(sb)
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Filing 11
ORDER: Before the Court is Plaintiffs' Motion for a Emergency Hearing. (Doc. No. #9 .) This case is REFERRED to the Magistrate Judge for customized case management in accordance with Local Rule 16.01 and 28 U.S.C. 636(b)(1)(A) and an Initial Case Management Conference shall be set. Signed by District Judge Waverly D. Crenshaw, Jr on 9/24/2024. (xc: Pro se party by regular mail.) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(sb)
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Filing 10
SUMMONS returned executed by Nicholas Lupo. Tennessee Elections Division, Coordinator of Elections Mark Goins served on 9/12/2024; Tennessee Secretary of State Tre Hargett served on 9/12/2024. (sb)
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Filing 9
MOTION for Emergency Hearing re #6 Order on Motion for TRO, Order on Motion for Preliminary Injunction by Nicholas Lupo, David Price, Matthew Stoneman. (sb)
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Filing 8
AMENDED COMPLAINT against Tennessee Elections Division, Coordinator of Elections Mark Goins, Tennessee Secretary of State Tre Hargett, filed by Nicholas Lupo, David Price, Matthew Stoneman.(sb)
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TN State Bar status verified as active for Zachary L. Barker admitted to this court. (ch)
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TN State Bar status verified as active for Zachary L. Barker admitted to this court. (mg)
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Filing 7
NOTICE of Appearance by Zachary L. Barker on behalf of Tennessee Elections Division, Coordinator of Elections Mark Goins, Tennessee Secretary of State Tre Hargett (Barker, Zachary)
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Filing 6
ORDER denying #2 Motion for Temporary Restraining Order and Preliminary Injunction. Signed by District Judge Waverly D. Crenshaw, Jr on 9/11/2024. (xc: Pro se party by regular mail.) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(ch)
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Filing 5
Summons issued as to Tennessee Elections Division, Coordinator of Elections Mark Goins, Tennessee Secretary of State Tre Hargett. Service copies given back to Plaintiff over the counter. (am)
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Filing 4
NOTICE OF ADMINISTRATIVE ORDER NO. 217 to parties re obligation of counsel to keep Court apprised of current contact information. (am)
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Filing 3
NOTICE/INFORMATION regarding Consent of the Parties to the Magistrate Judge. (am)
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Filing 2
EMERGENCY MOTION for Temporary Restraining Order and Preliminary Injunction by Nicholas Lupo, David Price, Matthew Stoneman. (am)
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Filing 1
COMPLAINT against Tennessee Elections Division, Coordinator of Elections Mark Goins, Tennessee Secretary of State Tre Hargett (Filing fee $405, Receipt number 300003843), filed by Nicholas Lupo, David Price, Matthew Stoneman. (Attachments: #1 Attachment - Civil Cover Sheet, #2 Attachment - Receipt)(am)
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Notice mailed to pro se party regarding filing of new case (docket sheet & certificate of service form and Notice of Consent form included.) (am)
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