Castro v. Warner et al
Plaintiff: John Anthony Castro
Defendant: Secretary of State Andrew Warner and Donald John Trump
Intervenor: West Virginia Republican Party and State of West Virginia
Amicus Curiae: Joseph L. Westfall
Case Number: 2:2023cv00598
Filed: September 7, 2023
Court: US District Court for the Southern District of West Virginia
Presiding Judge: Omar J Aboulhosn
Referring Judge: Irene C Berger
Nature of Suit: Other Statutory Actions
Cause of Action: 28 U.S.C. ยง 1331 Federal Question: Other Civil Rights
Jury Demanded By: None
Docket Report

This docket was last retrieved on December 21, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 2, 2023 Opinion or Order 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.)
November 1, 2023 Opinion or Order Filing 68 AFFIDAVIT of John Anthony Castro, dated 11/01/2023, filed on behalf of John Anthony Castro re: #66 Memorandum & Opinion,,, (Castro, John)
November 1, 2023 Opinion or Order 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)
October 31, 2023 Opinion or Order 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)
October 31, 2023 Opinion or Order 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later than 11/21/2023; the Court further directs that the reference of those motions to Magistrate Judge Aboulhosn be withdrawn.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)
October 31, 2023 Opinion or Order 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)
October 30, 2023 Opinion or Order Filing 65 RESPONSE by Donald John Trump in opposition to #48 Objection. (Adkins, J.) Modified on 11/1/2023 (kew).
October 27, 2023 Opinion or Order Filing 64 NOTICE of Supplemental Authority by Donald John Trump re: #33 MOTION by Donald John Trump to Dismiss #1 Complaint (Adkins, J.)
October 25, 2023 Opinion or Order Filing 63 REPLY by John Anthony Castro to #62 Response In Opposition. (Castro, John)
October 25, 2023 Opinion or Order Filing 62 RESPONSE by West Virginia Republican Party in opposition to #54 MOTION by John Anthony Castro to Dismiss #26 Intervenor Complaint (McArdle, Elgine)
October 24, 2023 Opinion or Order Filing 61 REPLY by Andrew Warner to #53 Response In Opposition. (Capehart, Curtis)
October 24, 2023 Opinion or Order Filing 60 RESPONSE by John Anthony Castro in opposition to #59 Notice of Supplemental Authority. (Castro, John)
October 24, 2023 Opinion or Order Filing 59 NOTICE of Supplemental Authority by Donald John Trump re: #33 MOTION by Donald John Trump to Dismiss #1 Complaint. (Adkins, J.)
October 24, 2023 Opinion or Order 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.)
October 22, 2023 Opinion or Order MOTION REFERRED to Magistrate Judge Omar J. Aboulhosn: #57 MOTION by John Anthony Castro to Strike #56 Notice of Supplemental Authority. (kew)
October 22, 2023 Opinion or Order 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).
October 19, 2023 Opinion or Order Filing 56 NOTICE of Supplemental Authority by Donald John Trump re: #33 MOTION by Donald John Trump to Dismiss #1 Complaint. (Adkins, J.)
October 18, 2023 Opinion or Order MOTION REFERRED to Magistrate Judge Omar J. Aboulhosn: #54 MOTION by John Anthony Castro to Dismiss #26 Intervenor Complaint. (kew)
October 18, 2023 Opinion or Order 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).
October 18, 2023 Opinion or Order Filing 54 MOTION by John Anthony Castro to Dismiss #26 Intervenor Complaint. (Castro, John)
October 17, 2023 Opinion or Order 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).
October 16, 2023 Opinion or Order Filing 52 REPLY by Donald John Trump to #38 Response In Opposition. (Adkins, J.) (Modified on 10/17/2023 to correct link) (kew).
October 16, 2023 Opinion or Order Filing 51 RESPONSE by State of West Virginia in opposition to #48 Objection. (Williams, Michael)
October 16, 2023 Opinion or Order Filing 50 AMICUS CURIAE by Joseph L. Westfall. (Attachment: #1 Envelope) (kew)
October 16, 2023 Opinion or Order 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)
October 16, 2023 Opinion or Order Filing 48 OBJECTION by John Anthony Castro to #14 Order. (Castro, John)
October 13, 2023 Opinion or Order Filing 47 RESPONSE by State of West Virginia in opposition to #16 Objection to Proposed Findings and Recommendation. (Williams, Michael)
October 12, 2023 Opinion or Order Filing 46 MEMORANDUM OF LAW by Andrew Warner in support of #45 MOTION by Andrew Warner to Dismiss #1 Verified Complaint. (Capehart, Curtis)
October 12, 2023 Opinion or Order 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).
October 12, 2023 Opinion or Order 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).
October 11, 2023 Opinion or Order 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)
October 10, 2023 Opinion or Order 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).
October 10, 2023 Opinion or Order Filing 41 RESPONSE by State of West Virginia to the Court's #27 Order. (Attachment: #1 Exhibit 1) (Williams, Michael)
October 10, 2023 Opinion or Order 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)
October 10, 2023 Opinion or Order 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)
October 9, 2023 Opinion or Order 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).
October 6, 2023 Opinion or Order Filing 37 NOTICE of Related Actions by Donald John Trump (Adkins, J.)
October 6, 2023 Opinion or Order 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.)
October 6, 2023 Opinion or Order 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.)
October 6, 2023 Opinion or Order Filing 34 MEMORANDUM by Donald John Trump in support of #33 MOTION by Donald John Trump to Dismiss #1 Complaint. (Adkins, J.)
October 6, 2023 Opinion or Order 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).
October 6, 2023 Opinion or Order 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.)
October 6, 2023 Opinion or Order Filing 31 OBJECTION by John Anthony Castro to #30 Amicus Curiae. (Castro, John)
October 6, 2023 Opinion or Order Filing 30 AMICUS CURIAE by Joseph L. Westfall. (Attachment: #1 Envelope) (lca) (Modified on 10/6/2023 to correct filer) (lca).
October 5, 2023 Opinion or Order 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).
October 5, 2023 Opinion or Order Filing 28 OBJECTION by John Anthony Castro to #26 Intervenor Complaint. (Castro, John)
October 4, 2023 Opinion or Order 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)
October 2, 2023 Opinion or Order 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).
September 29, 2023 Opinion or Order 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)
September 29, 2023 Opinion or Order 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)
September 29, 2023 Opinion or Order 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)
September 28, 2023 Opinion or Order 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)
September 28, 2023 Opinion or Order 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)
September 28, 2023 Opinion or Order 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)
September 28, 2023 Opinion or Order 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)
September 28, 2023 Opinion or Order 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)
September 28, 2023 Opinion or Order 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)
September 28, 2023 Opinion or Order 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)
September 28, 2023 Opinion or Order 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)
September 28, 2023 Opinion or Order Filing 16 OBJECTION by John Anthony Castro to #13 Proposed Findings and Recommendation. (Castro, John)
September 28, 2023 Opinion or Order Filing 15 OBJECTIONS by John Anthony Castro to #14 Order. (Castro, John)
September 28, 2023 Opinion or Order 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)
September 28, 2023 Opinion or Order 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)
September 27, 2023 Opinion or Order Filing 12 NOTICE OF APPEARANCE by Curtis R. Capehart, Douglas P. Buffington, II, Chanin Wolfingbarger Krivonyak on behalf of Andrew Warner. (Capehart, Curtis)
September 26, 2023 Opinion or Order Filing 11 OBJECTION AND OPPOSITION by John Anthony Castro to #10 MOTION by West Virginia Republican Party to Intervene as Third Party. (Castro, John)
September 26, 2023 Opinion or Order 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)
September 20, 2023 Opinion or Order 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).
September 19, 2023 Opinion or Order 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)
September 18, 2023 Opinion or Order 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)
September 11, 2023 Opinion or Order 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)
September 11, 2023 Opinion or Order 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)
September 8, 2023 Opinion or Order 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).
September 7, 2023 Opinion or Order CASE assigned to Judge Joseph R. Goodwin. (klc)
September 7, 2023 Opinion or Order 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)
September 7, 2023 Opinion or Order Filing 2 MOTION by John Anthony Castro to Obtain Electronic Case Filing Rights. (kew)
September 7, 2023 Opinion or Order 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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Search for this case: Castro v. Warner et al
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Plaintiff: John Anthony Castro
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Defendant: Secretary of State Andrew Warner
Represented By: Chanin Wolfingbarger Krivonyak
Represented By: Curtis R. Capehart
Represented By: Douglas P. Buffington, II
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Defendant: Donald John Trump
Represented By: J. Mark Adkins
Represented By: Richard R. Heath, Jr.
Represented By: William Montgomery Lorensen
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Intervenor: West Virginia Republican Party
Represented By: Andrew J. Ekonomon
Represented By: Benjamin Paul Sisney
Represented By: Elgine Heceta McArdle
Represented By: Jay Alan Sekulow
Represented By: Jordan A. Sekulow
Represented By: Nathan Jeremiah Moelker
Represented By: Stuart J. Roth
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Intervenor: State of West Virginia
Represented By: David E. Gilbert
Represented By: Michael Ray Williams
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Amicus curiae: Joseph L. Westfall
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