Shelby Advocates for Valid Elections et al v. Hargett et al
| Shelby Advocates for Valid Elections, Michael Kernell, Joe Towns, Jr., Minister Suhkara A. Yahweh and Ann Scott |
| Anthony Tate, Shelby County Election Commission, Mike McDonald, Steve Stamson, James Wallace, Jr., Tennessee Election Commission, Donna Barrett, Dee Nollner, Tom Wheeler, Kent D. Younce, Tre Hargett, Norma Lester, Judy Blackburn, Mark Goins, Gregory Duckett, Robert Meyers and Linda Phillips |
| 2:2018cv02706 |
| October 12, 2018 |
| US District Court for the Western District of Tennessee |
| Thomas L Parker |
| Diane K Vescovo |
| Civil Rights: Voting |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 13, 2019. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 60 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Norma Lester, Robert Meyers, Dee Nollner, Linda Phillips, Shelby County Election Commission, Steve Stamson, Anthony Tate. (Attachments: #1 Memorandum)(Varela, Pablo) |
| Filing 59 COURTESY NOTICE: Pursuant to Rule 5 of the Federal Rules of Civil Procedure, document #58 MOTION to Dismiss for Lack of Jurisdiction filed by Gregory Duckett, Mark Goins, Donna Barrett, Kent D. Younce, Judy Blackburn, James Wallace, Jr., Mike McDonald, Tre Hargett, Tennessee Election Commission, Tom Wheeler has been filed. For future reference, please note Filer did not have to resubmit the motion. There is an event found under >Motions and Related Filings > Responses and Replies > Memorandum in Support of Motion. Motion at #57 will be termed as it was refilled at #58 . Please refer to the #ECF User Manual and #ECF Policies and Procedures. Filer is not required to resubmit document. (jae) |
| Filing 58 MOTION to Dismiss for Lack of Jurisdiction by Donna Barrett, Judy Blackburn, Gregory Duckett, Mark Goins, Tre Hargett, Mike McDonald, Tennessee Election Commission, James Wallace, Jr., Tom Wheeler, Kent D. Younce. (Attachments: #1 Memorandum)(Kleinfelter, Janet) |
| Filing 57 MOTION to Dismiss for Lack of Jurisdiction by Donna Barrett, Judy Blackburn, Gregory Duckett, Mark Goins, Tre Hargett, Mike McDonald, Tennessee Election Commission, James Wallace, Jr., Tom Wheeler, Kent D. Younce. (Kleinfelter, Janet) |
| Filing 56 SUMMONS Returned Executed by Suhkara A. Yahweh, Shelby Advocates for Valid Elections, Michael Kernell, Ann Scott, Joe Towns, Jr. as to James Wallace, Jr.. (Chumney, Carol) |
| Filing 55 SUMMONS Returned Executed by Suhkara A. Yahweh, Shelby Advocates for Valid Elections, Michael Kernell, Ann Scott, Joe Towns, Jr. as to Gregory Duckett. (Chumney, Carol) |
| Filing 54 SUMMONS Returned Executed by Suhkara A. Yahweh, Shelby Advocates for Valid Elections, Michael Kernell, Ann Scott, Joe Towns, Jr. as to Tom Wheeler. (Chumney, Carol) |
| Filing 53 SUMMONS Returned Executed by Suhkara A. Yahweh, Shelby Advocates for Valid Elections, Michael Kernell, Ann Scott, Joe Towns, Jr. as to Tre Hargett. (Chumney, Carol) |
| Filing 52 SUMMONS Returned Executed by Suhkara A. Yahweh, Shelby Advocates for Valid Elections, Michael Kernell, Ann Scott, Joe Towns, Jr. as to Kent D. Younce. (Chumney, Carol) |
| Filing 51 SUMMONS Returned Executed by Suhkara A. Yahweh, Shelby Advocates for Valid Elections, Michael Kernell, Ann Scott, Joe Towns, Jr. as to Judy Blackburn. (Chumney, Carol) |
| Filing 50 SUMMONS Returned Executed by Suhkara A. Yahweh, Shelby Advocates for Valid Elections, Michael Kernell, Ann Scott, Joe Towns, Jr. as to Donna Barrett. (Chumney, Carol) |
| Filing 49 SUMMONS Returned Executed by Suhkara A. Yahweh, Shelby Advocates for Valid Elections, Michael Kernell, Ann Scott, Joe Towns, Jr. as to Mark Goins. (Chumney, Carol) |
| Filing 48 SUMMONS Returned Executed by Suhkara A. Yahweh, Shelby Advocates for Valid Elections, Michael Kernell, Ann Scott, Joe Towns, Jr. as to Tennessee Election Commission. (Chumney, Carol) |
| Filing 47 SUMMONS Returned Executed by Suhkara A. Yahweh, Shelby Advocates for Valid Elections, Michael Kernell, Ann Scott, Joe Towns, Jr. as to Mike McDonald. (Chumney, Carol) |
Filing 46
[**TEXT ORDER ONLY--NO IMAGE ATTACHED**] ORDER Granting #45 Joint Motion for Extension of Time to Answer. The deadline for all defendants to file an answer or otherwise respond is 12/7/2018. Plaintiffs' deadline to file an amended complaint and/or responsive pleading is 01/11/2019. Signed by Judge Thomas L. Parker on 11/7/2018. (pab)
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| Filing 45 MOTION for Extension of Time to File Answer by Norma Lester, Robert Meyers, Dee Nollner, Linda Phillips, Shelby County Election Commission, Steve Stamson, Anthony Tate. (Attachments: #1 Exhibit)(Varela, Pablo) |
| Filing 44 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of TRO Proceedings held on 10/16/2018 before Judge Thomas L. Parker. Court Reporter Cathy Best, Telephone number 901-495-1535. Notice is hereby given that an official transcript of a proceeding has been filed by the court reporter in this matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript, and twenty-one (21) calendar days to file a Request for Redaction. Redaction is the responsibility of the attorneys and pro se litigants who attended the hearing to which the transcription applies. Each party is responsible for reviewing and requesting redaction of testimony of witnesses that were called for the party and for that party's own statements. Any party needing a copy of the transcript to review for redaction purposes may purchase a copy from the court reporter or view the document at the clerk's office public terminal.. Notice of Intent to Request Redaction due 10/31/2018. Redaction Request due 11/16/2018. Release of Transcript Restriction set for 1/24/2019. (Best, Cathy) |
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Filing 43
ORDER Denying #23 Motion for TRO and Mandamus. Signed by Judge Thomas L. Parker on 10/24/2018. (pab)
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| Filing 41 NOTICE of Appearance by John L. Ryder on behalf of Norma Lester, Robert Meyers, Dee Nollner, Linda Phillips, Shelby County Election Commission, Steve Stamson, Anthony Tate (Ryder, John) |
| Filing 40 NOTICE of Appearance by Pablo Adrian Varela on behalf of Norma Lester, Robert Meyers, Dee Nollner, Linda Phillips, Shelby County Election Commission, Steve Stamson, Anthony Tate (Varela, Pablo) |
| Filing 39 COURTESY NOTICE: Pursuant to Rule 5 of the Federal Rules of Civil Procedure, document #30 Notice of Appearance filed by Shelby County Election Commission has been filed. For future reference, please note: Attorney only selected one party, but document indicates representation of other parties. Filer should file an amended notice of appearance and select all of the parties he represents. Please refer to the #ECF User Manual and #ECF Policies and Procedures. (jae) |
| Filing 42 Minute Entry for proceedings held before Judge Thomas L. Parker; TRO Hearing held on 10/16/2018. Carol Chumney appeared for the Plaintiffs. Janet Kleinfelter and Matthew Jones appeared for the State of Tennessee Defendants. John Ryder and Pablo Adrian appeared for the Shelby County Defendants. The parties had no objections to Judge Parker hearing this case or desire for a recusal. The parties argued the TRO Motion. Plaintiffs' Attorney stated that Shelby County Election's voting machines (DRE voting machines) are unreliable, not certified and fundamentally unfair voting machines. According to Mrs. Kleinfelter, the Shelby County Election machines are certified by the State of Tennessee and meet both federal and state guidelines. According to John Ryder, the issues of DRE voting machines have been litigated for years and the Courts have ruled in their favor. Mr. Ryder also informed the Court of Shelby County's contingency plans in place to ensure fairness and accountability of the voting machines and the voting process. RULING: The Court Denied the Application for the TRO. The Plaintiff did not overcome its burden. (Court Reporter, Cathy Best) (mlk) |
| Filing 38 Minute Entry for proceedings held before Judge Thomas L. Parker; Telephonic Status Conference held on 10/16/2018 at 11:15 A.M. Carol Chumnmey appeared for the Plaintiff. Janet Kleinfelter and Matt Jones appeared on behalf of the Tennessee Election Commission. John Ryder and Matthew Jones appeared on behalf on Shelby County Election and Shelby County Commission. The Court informed the parties of his Community Service as a poll worker. He never had to use his legal back ground or filed a Notice of Appearance on behalf of the Republican Party. The Court ordered the parties to talk with the their clients and return with an answer at the 2:00 PM. as to the parties requesting recusal by the Court. (Court Reporter, Cathy Best)(mlk) |
| Filing 37 Summons Issued as to Mike McDonald. The filer has been notified electronically that the summons has been issued, and the new docket entry reflects this. Upon notification of the new docket entry, the filer is to print the issued summons in order to effect service. (jld) |
| Filing 36 SUMMONS Returned Executed by Suhkara A. Yahweh, Shelby Advocates for Valid Elections, Michael Kernell, Ann Scott, Joe Towns, Jr. as to Norma Lester. (Chumney, Carol) |
| Filing 35 SUMMONS Returned Executed by Suhkara A. Yahweh, Shelby Advocates for Valid Elections, Michael Kernell, Ann Scott, Joe Towns, Jr. as to Robert Meyers. (Chumney, Carol) |
| Filing 34 SUMMONS Returned Executed by Suhkara A. Yahweh, Shelby Advocates for Valid Elections, Michael Kernell, Ann Scott, Joe Towns, Jr. as to Dee Nollner. (Chumney, Carol) |
| Filing 33 SUMMONS Returned Executed by Suhkara A. Yahweh, Shelby Advocates for Valid Elections, Michael Kernell, Ann Scott, Joe Towns, Jr. as to Steve Stamson. (Chumney, Carol) |
| Filing 32 SUMMONS Returned Executed by Suhkara A. Yahweh, Shelby Advocates for Valid Elections, Michael Kernell, Ann Scott, Joe Towns, Jr. as to Anthony Tate. (Chumney, Carol) |
| Filing 31 SUMMONS Returned Executed by Suhkara A. Yahweh, Shelby Advocates for Valid Elections, Michael Kernell, Ann Scott, Joe Towns, Jr. as to Shelby County Election Commission. (Chumney, Carol) |
| Filing 30 NOTICE of Appearance by John L. Ryder on behalf of Shelby County Election Commission (Ryder, John) |
| Filing 29 SUMMONS Returned Executed by Suhkara A. Yahweh, Shelby Advocates for Valid Elections, Michael Kernell, Ann Scott, Joe Towns, Jr. as to Linda Phillips. (Chumney, Carol) |
| Filing 28 SETTING LETTER: Telephonic Status Conference set for TODAY, Tuesday, 10/16/2018 at 11:15 AM before Judge Thomas L. Parker. Please call 877-336-1839 to dial into the conference call. The access code is 6517215. (jpw) (Main Document 28 replaced on 10/16/2018) (jpw). |
| Filing 27 NOTICE of Appearance by Pablo Adrian Varela on behalf of Shelby County Election Commission (Varela, Pablo) |
| Filing 26 NOTICE of Appearance by Matthew F. Jones on behalf of Donna Barrett, Judy Blackburn, Gregory Duckett, Mark Goins, Tre Hargett, Mike McDonald, Tennessee Election Commission, James Wallace, Jr., Tom Wheeler, Kent D. Younce (Jones, Matthew) |
| Filing 25 NOTICE of Appearance by Janet M. Kleinfelter on behalf of Donna Barrett, Judy Blackburn, Gregory Duckett, Mark Goins, Tre Hargett, Mike McDonald, Tennessee Election Commission, James Wallace, Jr., Tom Wheeler, Kent D. Younce (Kleinfelter, Janet) |
| Filing 24 SETTING LETTER: Initial Hearing on the Temporary Restraining Order and Mandamus has been set for 10/16/2019 at 02:00 P.M. CST in Courtroom 2 - Memphis before Judge Thomas L. Parker. (mlk) |
| Filing 23 First MOTION for Temporary Restraining Order and Mandamus with proposed Order by All Plaintiffs. (Attachments: #1 Memorandum of Law in Support of Motion for Temporary Restraining Order and Mandamus and Certificate of Notice Pursuant to Fed. R. Civ. P. 65)(Chumney, Carol) |
| Filing 22 NOTICE OF RIGHT TO CONSENT TO THE EXERCISE OF CIVIL JURISDICTION BY A MAGISTRATE JUDGE Pursuant to 28 U.S.C. 636(c), Fed.R.Civ.P.73, and Local Rule 72.1, this Court has designated the Magistrate Judges of this District to conduct trials and otherwise dispose of any civil case that is filed in this Court. Your decision to consent, or not consent, to the referral of your case to a United States Magistrate Judge for trial and entry of a final judgment must be entirely voluntary. The judge or magistrate judge to whom the case has been assigned will not be informed of your decision unless all parties agree that the case may be referred to a magistrate judge for these specific purposes. A less than unanimous decision will not be communicated by this office to either the judge or magistrate judge. The consent form is available on the courts website at https://www.tnwd.uscourts.gov/forms-and-applications.php (jld) |
| Filing 21 NOTICE TO COMPLY WITH PLAN FOR ALTERNATE DISPUTE RESOLUTION (ADR): Pursuant to Section to 2.1 of the ADR Plan, all civil cases filed on or after Sept. 1, 2014, shall be referred automatically for ADR. For compliance requirements, refer to the ADR Plan at: http://www.tnwd.uscourts.gov/pdf/content/ADRPlan.pdf (jld) |
| Filing 20 NOTICE OF CASE TRACKING ASSIGNMENT PURSUANT TO LOCAL RULE 16.2: Pursuant to Local Rule 16.2, this case has been assigned to the Standard track. http://www.tnwd.uscourts.gov/pdf/content/LocalRules.pdf (jld) |
| Filing 19 Summons Issued as to Linda Phillips. The filer has been notified electronically that the summons has been issued, and the new docket entry reflects this. Upon notification of the new docket entry, the filer is to print the issued summons in order to effect service. (jld) |
| Filing 18 Summons Issued as to Anthony Tate. The filer has been notified electronically that the summons has been issued, and the new docket entry reflects this. Upon notification of the new docket entry, the filer is to print the issued summons in order to effect service. (jld) |
| Filing 17 Summons Issued as to Steve Stamson. The filer has been notified electronically that the summons has been issued, and the new docket entry reflects this. Upon notification of the new docket entry, the filer is to print the issued summons in order to effect service. (jld) |
| Filing 16 Summons Issued as to Dee Nollner. The filer has been notified electronically that the summons has been issued, and the new docket entry reflects this. Upon notification of the new docket entry, the filer is to print the issued summons in order to effect service. (jld) |
| Filing 15 Summons Issued as to Norma Lester. The filer has been notified electronically that the summons has been issued, and the new docket entry reflects this. Upon notification of the new docket entry, the filer is to print the issued summons in order to effect service. (jld) |
| Filing 14 Summons Issued as to Robert Meyers. The filer has been notified electronically that the summons has been issued, and the new docket entry reflects this. Upon notification of the new docket entry, the filer is to print the issued summons in order to effect service. (jld) |
| Filing 13 Summons Issued as to Shelby County Election Commission. The filer has been notified electronically that the summons has been issued, and the new docket entry reflects this. Upon notification of the new docket entry, the filer is to print the issued summons in order to effect service. (jld) |
| Filing 11 Summons Issued as to James Wallace, Jr.. The filer has been notified electronically that the summons has been issued, and the new docket entry reflects this. Upon notification of the new docket entry, the filer is to print the issued summons in order to effect service. (jld) |
| Filing 10 Summons Issued as to Donna Barrett. The filer has been notified electronically that the summons has been issued, and the new docket entry reflects this. Upon notification of the new docket entry, the filer is to print the issued summons in order to effect service. (jld) |
| Filing 9 Summons Issued as to Gregory Duckett. The filer has been notified electronically that the summons has been issued, and the new docket entry reflects this. Upon notification of the new docket entry, the filer is to print the issued summons in order to effect service. (jld) |
| Filing 8 Summons Issued as to Judy Blackburn. The filer has been notified electronically that the summons has been issued, and the new docket entry reflects this. Upon notification of the new docket entry, the filer is to print the issued summons in order to effect service. (jld) |
| Filing 7 Summons Issued as to Kent D. Younce. The filer has been notified electronically that the summons has been issued, and the new docket entry reflects this. Upon notification of the new docket entry, the filer is to print the issued summons in order to effect service. (jld) |
| Filing 6 Summons Issued as to Tennessee Election Commission. The filer has been notified electronically that the summons has been issued, and the new docket entry reflects this. Upon notification of the new docket entry, the filer is to print the issued summons in order to effect service. (jld) |
| Filing 5 Summons Issued as to Mark Goins. The filer has been notified electronically that the summons has been issued, and the new docket entry reflects this. Upon notification of the new docket entry, the filer is to print the issued summons in order to effect service. (jld) |
| Filing 4 Summons Issued as to Tre Hargett. The filer has been notified electronically that the summons has been issued, and the new docket entry reflects this. Upon notification of the new docket entry, the filer is to print the issued summons in order to effect service. (jld) |
| Filing 3 Judge Thomas L. Parker and Chief Magistrate Judge Diane K. Vescovo added. (jld) |
| Filing 2 NOTICE of Summons by Carol J. Chumney on behalf of All Plaintiffs. (Chumney, Carol) |
| Filing 1 COMPLAINT for Deprivation of Constitutional Rights, Injunctive Relief and Declaratory Relief against All Defendants (Filing fee $ 400 receipt number ATNWDC-2901555), filed by All Plaintiffs. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D- Voting on Thin Ice Report, #6 Exhibit E, #7 Exhibit F- Tre Hargett Letter, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K, #13 Summons Tre Hargett, #14 Summons Mark Goins, #15 Summons Tennessee Election Commission, #16 Summons Kent Younce, #17 Summons Judy Blackburn, #18 Summons Greg Duckett, #19 Summons Donna Barrett, #20 Summons James Wallace, Jr., #21 Summons Tom Wheeler, #22 Summons Mike McDonald, #23 Summons Shelby County Election Commission, #24 Summons Robert Meyers, #25 Summons Norma Lester, #26 Summons Dee Nollner, #27 Summons Steve Stamson, #28 Summons Anthony Tate)(Chumney, Carol) |
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