Castro v. Warner et al
| John Anthony Castro |
| Secretary of State Andrew Warner and Donald John Trump |
| West Virginia Republican Party and State of West Virginia |
| Joseph L. Westfall |
| 2:2023cv00598 |
| September 7, 2023 |
| US District Court for the Southern District of West Virginia |
| Omar J Aboulhosn |
| Irene C Berger |
| Other Statutory Actions |
| 28 U.S.C. § 1331 Federal Question: Other Civil Rights |
| None |
Docket Report
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This docket was last retrieved on December 21, 2023. A more recent docket listing may be available from PACER.
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Filing 69
NOTICE of Supplemental Authority by Donald John Trump re: #33 MOTION by Donald John Trump for Summary Judgment (originally filed as a Motion to Dismiss #1 Complaint). (Adkins, J.)
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Filing 68
AFFIDAVIT of John Anthony Castro, dated 11/01/2023, filed on behalf of John Anthony Castro re: #66 Memorandum & Opinion,,, (Castro, John)
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Filing 67
NOTICE of Supplemental Authorities by John Anthony Castro re: #38 Response In Opposition (Attachments: #1 Exhibit Appellant's Opening Brief to the First Circuit)(Castro, John)
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MOTION NO LONGER REFERRED pursuant to #66 Memorandum Opinion and Order: #57 Motion by John Anthony Castro to Strike #56 Notice of Supplemental Authority (ts)
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Filing 66
MEMORANDUM OPINION AND ORDER directing that the pending #33 Motion to Dismiss of Defendant Donald John Trump, the Secretary of State's #45 Motion to Dismiss, the West Virginia Republican Party's #42 Motion to Dismiss Pursuant to Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6), and the State of West Virginia's #44 Motion to Dismiss be converted to motions for summary judgment to the extent they challenge the Plaintiffs standing and that both parties submit supplemental briefs, together with any evidentiary exhibits, no later than 11/21/2023; the Court further directs that the reference of those motions to Magistrate Judge Aboulhosn be withdrawn. Signed by Judge Irene C. Berger on 10/31/2023. (cc: Magistrate Judge Aboulhosn, counsel of record; any unrepresented party) (lca)
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MOTIONS NO LONGER REFERRED: #45 Motion by Andrew Warner for Summary Judgment (originally filed as a Motion to Dismiss #1 Complaint), #42 Motion by West Virginia Republican Party for Summary Judgment (originally filed as a Motion to Dismiss #1 Complaint), #33 MOTION by Donald John Trump for Summary Judgment (originally filed as a Motion to Dismiss #1 Complaint), #44 Motion by State of West Virginia for Summary Judgment (originally filed as a Motion to Dismiss #1 Complaint) pursuant to the #66 Memorandum Opinion and Order. (lca)
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Filing 65
RESPONSE by Donald John Trump in opposition to #48 Objection. (Adkins, J.) Modified on 11/1/2023 (kew).
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Filing 64
NOTICE of Supplemental Authority by Donald John Trump re: #33 MOTION by Donald John Trump to Dismiss #1 Complaint (Adkins, J.)
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Filing 63
REPLY by John Anthony Castro to #62 Response In Opposition. (Castro, John)
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Filing 62
RESPONSE by West Virginia Republican Party in opposition to #54 MOTION by John Anthony Castro to Dismiss #26 Intervenor Complaint (McArdle, Elgine)
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Filing 61
REPLY by Andrew Warner to #53 Response In Opposition. (Capehart, Curtis)
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Filing 60
RESPONSE by John Anthony Castro in opposition to #59 Notice of Supplemental Authority. (Castro, John)
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Filing 59
NOTICE of Supplemental Authority by Donald John Trump re: #33 MOTION by Donald John Trump to Dismiss #1 Complaint. (Adkins, J.)
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Filing 58
RESPONSE by Donald John Trump in opposition to #57 MOTION by John Anthony Castro to Strike #56 Notice of Supplemental Authority. (Adkins, J.)
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MOTION REFERRED to Magistrate Judge Omar J. Aboulhosn: #57 MOTION by John Anthony Castro to Strike #56 Notice of Supplemental Authority. (kew)
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Filing 57
MOTION by John Anthony Castro to Strike #56 Notice of Supplemental Authority. (Castro, John) (Modified on 10/25/2023 to convert event to motion) (kew).
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Filing 56
NOTICE of Supplemental Authority by Donald John Trump re: #33 MOTION by Donald John Trump to Dismiss #1 Complaint. (Adkins, J.)
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MOTION REFERRED to Magistrate Judge Omar J. Aboulhosn: #54 MOTION by John Anthony Castro to Dismiss #26 Intervenor Complaint. (kew)
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Filing 55
RESPONSE (REPLY) by Joseph L. Westfall to #44 MOTION by State of West Virginia to Dismiss #1 Complaint. (Attachment: #1 Envelope) (kew) (Modified on 10/18/2023 to convert event to response in opposition) (ts).
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Filing 54
MOTION by John Anthony Castro to Dismiss #26 Intervenor Complaint. (Castro, John)
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Filing 53
RESPONSE by John Anthony Castro in opposition to #45 MOTION by Andrew Warner to Dismiss #1 Verified Complaint. (Castro, John) (Modified on 10/20/2023 to remove link to #46 memorandum) (kew).
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Filing 52
REPLY by Donald John Trump to #38 Response In Opposition. (Adkins, J.) (Modified on 10/17/2023 to correct link) (kew).
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Filing 51
RESPONSE by State of West Virginia in opposition to #48 Objection. (Williams, Michael)
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Filing 50
AMICUS CURIAE by Joseph L. Westfall. (Attachment: #1 Envelope) (kew)
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Filing 49
ORDER re: #42 MOTION by West Virginia Republican Party to Dismiss #1 Complaint and #44 MOTION by State of West Virginia to Dismiss #1 Complaint. Plaintiff's Response is due by 10/27/2023, with replies due seven days after service of the response. Signed by Magistrate Judge Omar J. Aboulhosn on 10/16/2023. (cc: Plaintiff, counsel of record) (lca)
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Filing 48
OBJECTION by John Anthony Castro to #14 Order. (Castro, John)
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Filing 47
RESPONSE by State of West Virginia in opposition to #16 Objection to Proposed Findings and Recommendation. (Williams, Michael)
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Filing 46
MEMORANDUM OF LAW by Andrew Warner in support of #45 MOTION by Andrew Warner to Dismiss #1 Verified Complaint. (Capehart, Curtis)
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Filing 45
MOTION by Andrew Warner for Summary Judgment (originally filed as a Motion to Dismiss #1 Complaint). (Capehart, Curtis) (Modified on 10/13/2023 to add link to #1 complaint) (kew). (Modified on 10/31/2023 to convert event to motion for summary judgment pursuant to #66 order and remove referral) (lca).
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Filing 44
MOTION by State of West Virginia for Summary Judgment (originally filed as a Motion to Dismiss #1 Complaint). (Williams, Michael) (Modified on 10/12/2023 to add link to #1 complaint) (kew). (Modified on 10/31/2023 to convert event to motion for summary judgment pursuant to #66 order and remove referral) (lca).
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Filing 43
ORDER granting #25 MOTION by State of West Virginia to Intervene and for Response Deadlines re: #26 Intervenor Complaint, as set forth more fully herein. Signed by Magistrate Judge Omar J. Aboulhosn on 10/11/2023. (cc: Plaintiff; counsel of record) (kew)
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Filing 42
MOTION by West Virginia Republican Party for Summary Judgment (originally filed as a Motion to Dismiss #1 Complaint). (McArdle, Elgine) (Modified on 10/31/2023 to convert event to motion for summary judgment pursuant to #66 order and remove referral) (lca).
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Filing 41
RESPONSE by State of West Virginia to the Court's #27 Order. (Attachment: #1 Exhibit 1) (Williams, Michael)
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Filing 40
RESPONSE by Andrew Warner in support of #25 MOTION by State of West Virginia to Intervene and for Response Deadlines re: #26 Intervenor Complaint. (Capehart, Curtis)
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Filing 39
ORDER granting Defendant Donald John Trump's #35 MOTION to Exceed Page Limit. Signed by Magistrate Judge Omar J. Aboulhosn on 10/10/2023. (cc: Plaintiff; counsel of record) (jsa)
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Filing 38
RESPONSE by John Anthony Castro in opposition to #33 MOTION by Donald John Trump to Dismiss #1 Complaint. (Castro, John) (Modified on 10/11/2023 to remove link to #24 memorandum) (kew).
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Filing 37
NOTICE of Related Actions by Donald John Trump (Adkins, J.)
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Filing 36
RESPONSE by Donald John Trump in opposition to #9 EMERGENCY APPLICATION by John Anthony Castro for a Temporary Restraining Order and Expedited Preliminary Injunction Hearing Consolidated with a Preliminary Bench Trial on the Merits and #16 Objection to Proposed Findings and Recommendation. (Adkins, J.)
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Filing 35
MOTION by Donald John Trump to Exceed Page Limit for Memorandum in Support of Motion to Dismiss. Motion referred to Magistrate Judge Omar J. Aboulhosn. (Adkins, J.)
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Filing 34
MEMORANDUM by Donald John Trump in support of #33 MOTION by Donald John Trump to Dismiss #1 Complaint. (Adkins, J.)
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Filing 33
MOTION by Donald John Trump for Summary Judgment (originally filed as a Motion to Dismiss #1 Complaint). (Adkins, J.) (Modified on 10/31/2023 to convert event to motion for summary judgment pursuant to #66 order and remove referral) (lca).
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Filing 32
NOTICE OF ATTORNEY APPEARANCE by J. Mark Adkins, Richard R. Heath, Jr., William M. Lorensen on behalf of Donald John Trump. (Adkins, J.)
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Filing 31
OBJECTION by John Anthony Castro to #30 Amicus Curiae. (Castro, John)
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Filing 30
AMICUS CURIAE by Joseph L. Westfall. (Attachment: #1 Envelope) (lca) (Modified on 10/6/2023 to correct filer) (lca).
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Filing 29
COMBINED RESPONSE by Andrew Warner in opposition to #9 EMERGENCY APPLICATION by John Anthony Castro for a Temporary Restraining Order and Expedited Preliminary Injunction Hearing Consolidated with a Preliminary Bench Trial on the Merits and #16 Objection to Proposed Findings and Recommendation. (Capehart, Curtis) (Modified on 10/6/2023 to add link to #16 objection) (kew).
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Filing 28
OBJECTION by John Anthony Castro to #26 Intervenor Complaint. (Castro, John)
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Filing 27
ORDER inviting the Secretary of State to file a response to the State's #25 MOTION to Intervene no later than 10/10/2023 to explore whether the SOS and the State can be represented in a single entity/party for purposes herein; the State is also invited to file any response to this Order no later than 10/10/2023 regarding the prospect of both the SOS and State being represented by the same counsel and proceeding as a single defendant in this matter. Signed by Magistrate Judge Omar J. Aboulhosn on 10/4/2023. (cc: Plaintiff; counsel of record) (jsa)
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Filing 25
MOTION by State of West Virginia to Intervene and for Response Deadlines re: #26 Intervenor Complaint. Motion referred to Magistrate Judge Omar J. Aboulhosn. (Williams, Michael) (Modified on 10/3/2023 to add link to #26 complaint) (kew).
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MOTION NO LONGER REFERRED: #24 MOTION by John Anthony Castro Pursuant to 28 U.S.C. 636(b)(1) for Relief from Nondispositive Pretrial Order on Intervention re: #14 Order. (kew)
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MOTION REFERRED to Magistrate Judge Omar J. Aboulhosn: #24 MOTION by John Anthony Castro Pursuant to 28 U.S.C. 636(b)(1) for Relief from Nondispositive Pretrial Order on Intervention re: #14 Order. (kew)
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Filing 24
MOTION by John Anthony Castro Pursuant to 28 U.S.C. 636(b)(1) for Relief from Nondispositive Pretrial Order on Intervention re: #14 Order. (Castro, John)
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Filing 26
COMPLAINT In Intervention Seeking Declaratory and Injunctive Relief Pursuant to Federal Rules of Civil Procedure 24, 57, and 65 by West Virginia Republican Party against John Anthony Castro filed pursuant to the #14 Order. (lca)
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Filing 23
STATEMENT OF VISITING ATTORNEY from Stuart J. Roth on behalf of West Virginia Republican Party. Local counsel: Elgine Heceta McArdle. Fee $50.00. Receipt # AWVSDC-8506659. (McArdle, Elgine)
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Filing 22
STATEMENT OF VISITING ATTORNEY from Nathan Jeremiah Moelker on behalf of West Virginia Republican Party. Local counsel: Elgine Heceta McArdle. Fee $50.00. Receipt # AWVSDC-8506650. (McArdle, Elgine)
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Filing 21
STATEMENT OF VISITING ATTORNEY from Andrew J. Ekonomon on behalf of West Virginia Republican Party. Local counsel: Elgine Heceta McArdle. Fee $50.00. Receipt # AWVSDC-8506635. (McArdle, Elgine)
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Filing 20
STATEMENT OF VISITING ATTORNEY from Benjamin P. Sisney on behalf of West Virginia Republican Party. Local counsel: Elgine Heceta McArdle. Fee $50.00. Receipt # AWVSDC-8506618. (McArdle, Elgine)
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Filing 19
STATEMENT OF VISITING ATTORNEY from Jordan A. Sekulow on behalf of West Virginia Republican Party. Local counsel: Elgine Heceta McArdle. Fee $50.00. Receipt # AWVSDC-8506613. (McArdle, Elgine)
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Filing 18
STATEMENT OF VISITING ATTORNEY from Jay Alan Sekulow on behalf of West Virginia Republican Party. Local counsel: Elgine Heceta McArdle. Fee $50.00. Receipt # AWVSDC-8506601. (McArdle, Elgine)
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Filing 17
NOTICE OF CHANGE OF ATTORNEY INFORMATION by Chanin Wolfingbarger Krivonyak updating name and/or firm information on behalf of Andrew Warner. (Krivonyak, Chanin)
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Filing 16
OBJECTION by John Anthony Castro to #13 Proposed Findings and Recommendation. (Castro, John)
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Filing 15
OBJECTIONS by John Anthony Castro to #14 Order. (Castro, John)
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Filing 14
ORDER granting West Virginia Republican Party's #10 MOTION to Intervene as more fully set forth herein. Signed by Magistrate Judge Omar J. Aboulhosn on 9/28/2023. (cc: counsel of record; Plaintiff) (lca)
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Filing 13
PROPOSED FINDINGS AND RECOMMENDATION recommending that the District Judge deny the #9 EMERGENCY APPLICATION by John Anthony Castro for a Temporary Restraining Order Expedited Preliminary Injunction Hearing Consolidated with a Preliminary Bench Trial on the Merits. If the PF&R was served electronically, Objections are due by 10/12/2023. If the PF&R was served by mail, Objections are due by 10/16/2023. Signed by Magistrate Judge Omar J. Aboulhosn on 9/28/2023. (cc: Plaintiff, counsel of record) (lca)
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Filing 12
NOTICE OF APPEARANCE by Curtis R. Capehart, Douglas P. Buffington, II, Chanin Wolfingbarger Krivonyak on behalf of Andrew Warner. (Capehart, Curtis)
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Filing 11
OBJECTION AND OPPOSITION by John Anthony Castro to #10 MOTION by West Virginia Republican Party to Intervene as Third Party. (Castro, John)
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Filing 10
MOTION by West Virginia Republican Party to Intervene as Third Party and Memorandum of Law in Support. (Attachment: #1 Complaint in Intervention) Motion referred to Magistrate Judge Omar J. Aboulhosn. (McArdle, Elgine)
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Filing 9
EMERGENCY APPLICATION by John Anthony Castro for a Temporary Restraining Order and Expedited Preliminary Injunction Hearing Consolidated with a Preliminary Bench Trial on the Merits. (Attachments: #1 Exhibit A, #2 Proposed Order, #3 Envelope) Motion referred to Magistrate Judge Omar J. Aboulhosn. (lca). (Modified on 9/20/2023 to add second motion part) (ts).
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Filing 8
ORDER granting Plaintiff's #2 MOTION to Obtain Electronic Case Filing Rights; the relief afforded by this Order extends only to this civil action, No. 2:23-cv-00598, does not grant electronic filing privileges in any other past or pending matter, and will terminate upon the resolution of this case. Signed by Magistrate Judge Omar J. Aboulhosn on 9/19/2023. (cc: Plaintiff, any interested parties) (lca)
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Filing 7
SUMMONS RETURNED EXECUTED BY CERTIFIED MAIL for Donald John Trump, Andrew Warner, re: #1 Complaint. Donald John Trump served on 9/15/2023, answer due 10/6/2023; Andrew Warner served on 9/15/2023, answer due 10/6/2023. (Attachments: #1 Summons returned for Donald Trump, #2 Envelope) (lca)
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Filing 6
CLERK'S ORDER. For reasons appearing to the court, the referral of this civil action for Findings of Fact and Recommendations for disposition is transferred from Magistrate Judge Dwane L. Tinsley to Magistrate Judge Omar J. Aboulhosn. Signed by Clerk of Court Rory L. Perry II on 9/11/2023. (cc: Magistrate Judge Tinsley; Magistrate Judge Aboulhosn; counsel of record; any unrepresented party) (klc)
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Filing 5
CLERK'S ORDER. For reasons appearing to the court, this case reassigned from Judge Joseph R. Goodwin to Judge Irene C. Berger. Signed by Clerk of Court Rory L. Perry II on 9/11/2023. (cc: Judge Goodwin; Judge Berger; counsel of record; any unrepresented party) (klc)
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Filing 4
STANDING ORDER IN RE: ASSIGNMENT AND REFERRAL OF CIVIL ACTIONS AND MATTERS TO MAGISTRATE JUDGES ENTERED JANUARY 4, 2016. This case is referred to Magistrate Judge Omar J. Aboulhosn for Findings of Fact and Recommendations for disposition. (cc: attys; any unrepresented party) (klc) (Modified on 9/11/2023 to update assigned magistrate pursuant to #6 order) (ts).
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CASE assigned to Judge Joseph R. Goodwin. (klc)
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Filing 3
SUMMONS ISSUED by the Clerk for Donald John Trump, Andrew Warner, re: #1 Verified Complaint, returnable 21 days. Original summonses returned to John Anthony Castro for service. (Attachment: #1 Summons Issued as to Donald John Trump) (kew)
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Filing 2
MOTION by John Anthony Castro to Obtain Electronic Case Filing Rights. (kew)
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Filing 1
VERIFIED COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF. Filing Fee $402.00. Receipt # 20014628. (Attachments: #1 Proposed Summons as to Donald John Trump, #2 Proposed Summons as to Secretary of State Andrew Warner, #3 Cover Page, #4 Receipt, #5 Civil Cover Sheet, #6 Envelope) (kew)
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