| Court: | gand |
| Docket #: | 1:17-cv-02989 |
| Case Name: | Curling et al v. Kemp et al |
| PACER case #: | 240678 |
| Date filed: | 2017-08-08 |
| Date of last filing: | 2017-10-31 |
| Assigned to: | Judge Amy Totenberg |
| Case Cause: | 28:1443(1)Removal from State Court - Civil Rights |
| Nature of Suit: | 440 Civil Rights: Other |
| Jury Demand: | Plaintiff |
| Jurisdiction: | Federal Question |
| Represented Party | Attorney & Contact Info |
| Donna Curling Plaintiff an individual |
Bryan Myerson Ward Edward Bruce Schwartz Joe Robert Caldwell , Jr. Aaron Wright Marvin Lim |
| Coalition for Good Governance Plaintiff a non-profit corporation organized and existing under Colorado Law |
Bryan Myerson Ward Edward Bruce Schwartz Joe Robert Caldwell , Jr. Aaron Wright Marvin Lim |
| Donna Price Plaintiff an Individual |
Bryan Myerson Ward Edward Bruce Schwartz Joe Robert Caldwell , Jr. Aaron Wright Marvin Lim |
| Jeffrey Schoenberg Plaintiff an individual |
Bryan Myerson Ward Edward Bruce Schwartz Joe Robert Caldwell , Jr. Aaron Wright Marvin Lim |
| Laura Digges Plaintiff an individual |
Bryan Myerson Ward Edward Bruce Schwartz Joe Robert Caldwell , Jr. Aaron Wright Marvin Lim |
| William Digges, III Plaintiff an Individual |
Bryan Myerson Ward Edward Bruce Schwartz Joe Robert Caldwell , Jr. Aaron Wright Marvin Lim |
| Ricardo Davis Plaintiff an individual |
Bryan Myerson Ward Edward Bruce Schwartz Joe Robert Caldwell , Jr. Aaron Wright Marvin Lim |
| Brian P. Kemp Defendant in his individual capacity and his official capacity as Secretary of State of Georgia and Chair of the State Election Board |
John Frank Salter , Jr. Roy E. Barnes Cristina Correia Elizabeth Ahern Monyak Josiah Benjamin Heidt |
| David J. Worley Defendant |
John Frank Salter , Jr. Roy E. Barnes Cristina Correia Elizabeth Ahern Monyak Josiah Benjamin Heidt |
| Rebecca N. Sullivan Defendant |
John Frank Salter , Jr. Roy E. Barnes Cristina Correia Elizabeth Ahern Monyak Josiah Benjamin Heidt |
| Ralph F. (Rusty) Simpson Defendant |
John Frank Salter , Jr. Roy E. Barnes Cristina Correia Elizabeth Ahern Monyak Josiah Benjamin Heidt |
| Seth Harp Defendant in their individual capacities and their official capacities as members of the State Election Board |
John Frank Salter , Jr. Roy E. Barnes Cristina Correia Elizabeth Ahern Monyak Josiah Benjamin Heidt |
| The State Election Board Defendant |
Roy E. Barnes Cristina Correia Elizabeth Ahern Monyak Josiah Benjamin Heidt |
| Richard Barron Defendant in his individual capacity and his official capacity as Director of the Fulton County Board of Registration and Elections |
Cheryl Ringer David R. Lowman Kaye Woodard Burwell |
| Mary Carole Cooney Defendant |
Cheryl Ringer David R. Lowman Kaye Woodard Burwell |
| Vernetta Nuriddin Defendant |
Cheryl Ringer David R. Lowman Kaye Woodard Burwell |
| David J. Burge Defendant |
Bryan Myerson Ward Cheryl Ringer David R. Lowman Kaye Woodard Burwell |
| Stan Matarazzo Defendant TERMINATED: 09/15/2017 |
Cheryl Ringer David R. Lowman Kaye Woodard Burwell |
| Aaron Johnson Defendant in their individual capacities and official capacities as members of the Fulton County Board of Registration and Elections |
Cheryl Ringer David R. Lowman Kaye Woodard Burwell |
| The Fulton County Board of Registration and Elections Defendant |
Cheryl Ringer David R. Lowman Kaye Woodard Burwell |
| Maxine Daniels Defendant in her individual capacity and her official capacity as Director of Voter Registrations and Elections for Dekalb County |
Bennett Davis Bryan |
| Michael P. Coveny Defendant |
Bennett Davis Bryan |
| Anthony Lewis Defendant |
Bennett Davis Bryan |
| Leona Perry Defendant |
Bennett Davis Bryan |
| Samuel E. Tillman Defendant |
Bennett Davis Bryan |
| Baoky N. Vu Defendant in their individual capacities and official capacities as memebes of the Dekalb County Board of Registrations and Elections |
Bennett Davis Bryan |
| The Dekalb County Board of Registrations and Elections Defendant |
Bennett Davis Bryan |
| Janine Eveler Defendant in her individual capacity and her official capacity as Director of the Cobb County Board of Elections and Registration |
Daniel Walter White |
| Phil Daniell Defendant |
Daniel Walter White |
| Fred Aiken Defendant |
Daniel Walter White |
| Joe Pettit Defendant |
Daniel Walter White |
| Jessica Brooks Defendant |
Daniel Walter White |
| Darryl O. Wilson Defendant in their individual capacities and official capacities as members of the Cobb County Board of Elections and Registration |
Daniel Walter White |
| The Cobb County Board of Elections and Registration Defendant |
Daniel Walter White |
| Merle King Defendant in his individual capacity and his official capacity as Executive Director of the Center for Election Systems at Kennasaw State University |
Grant Edward Schnell Robert S. Highsmith Cristina Correia Josiah Benjamin Heidt |
| The Center for Election Systems at Kennasaw State University Defendant |
Cristina Correia Josiah Benjamin Heidt |
| Jessica Brooks Defendant |
Daniel Walter White |
| Mark Wingate Defendant |
David R. Lowman Kaye Woodard Burwell |
| Jessica Brooks Defendant |
Daniel Walter White |
| Thomas Jonathan Ossoff unknown TERMINATED: 09/28/2017 |
Russell Dunn Waldon |
| Edward Curtis Terry Plaintiff |
Bryan Myerson Ward Marvin Lim |
| Jessica Brooks Defendant |
Daniel Walter White |
| Karen C. Handel Defendant TERMINATED: 09/28/2017 |
Anne Ware Lewis Barclay Hendrix Frank B. Strickland Vincent Robert Russo , Jr. |
| State of Election Board Defendant |
John Frank Salter , Jr. Roy E. Barnes Cristina Correia Josiah Benjamin Heidt |
| Jessica Brooks Defendant |
Daniel Walter White |
| Jessica Brooks Defendant |
Daniel Walter White |
| Jessica Brooks Defendant |
Daniel Walter White |
| Date Filed | Document # | Attachment # | Short Description | Long Description | Upload date | SHA1 hash |
| 2017-08-08 | 1 | 0 | NOTICE OF REMOVAL with COMPLAINT filed by The Center for Election Systems at Kennasaw State University, Rebecca N. Sullivan, Ralph F. (Rusty) Simpson, The State Election Board, David J. Worley, Seth Harp, Brian P. Kemp, Merle King. (Filing fee $ 400.00 receipt number 113E-7313843) (Attachments: # 1 Ex - 1 - State Court Docket Sheet, # 2 Ex -2 - Original Petition, # 3 Ex -3 - Case Initiation Form, # 4 Ex -4 - Summons, # 5 Ex -5- Notice of Related Case, # 6 Ex -6 - Special Process Summons, # 7 Ex -7 - Certificate of Service, # 8 Ex -8 - Certificate of Service -2, # 9 Ex -9 - Motion for Leave to Amend Complaint, # 10 Ex -10 - Motion for Leave to Serve, # 11 Ex -11 - Affidavits of Service, # 12 Ex -12 - Proposed Order, # 13 Ex -13 - Sheriff's Entry of Service, # 14 Civil Cover Sheet)(eop) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions which includes the Consent To Proceed Before U.S. Magistrate form. (Entered: 08/11/2017) | |||
| 1 | 1 | Ex - 1 - State Court Docket Sheet | ||||
| 1 | 2 | Ex -2 - Original Petition | 2017-08-17 18:17:17 | e73b50bada170d38ddd9d29a033fca6477bf05ad | ||
| 1 | 3 | Ex -3 - Case Inititation Form | ||||
| 1 | 4 | Ex -4 - Summons | ||||
| 1 | 5 | Ex -5- Notice of Related Case | ||||
| 1 | 6 | Ex -6 - Special Process Summons | ||||
| 1 | 7 | Ex -7 - Certificate of Service | ||||
| 1 | 8 | Ex -8 - Certificate of Service -2 | ||||
| 1 | 9 | Ex -9 - Motion for Leave to Amend Complaint | ||||
| 1 | 10 | Ex -10 - Motion for Leave to Serve | ||||
| 1 | 11 | Ex -11 - Affidavits of Service | ||||
| 1 | 12 | Ex -12 - Proposed Order | ||||
| 1 | 13 | Ex -13 - Sheriff's Entry of Service | ||||
| 1 | 14 | Civil Cover Sheet | ||||
| 2017-08-08 | 2 | 0 | MOTION for Leave to File Amended Complaint, by Coalition for Good Governance, Donna Curling, Ricardo Davis, Laura Digges, William Digges, III, Donna Price and Jeffrey Schoenberg. (Filed in State Court and included w/in Notice of Removal) (eop) (Entered: 08/11/2017) | |||
| 2017-08-08 | 3 | 0 | MOTION for Leave to Serve Election Contest Defendants and Candidates by Certified Process Server by Coalition for Good Governance, Donna Curling, Ricardo Davis, Laura Digges, William Digges, III, Donna Price and Jeffrey Schoenberg. (Filed in State Court and contained w/in Notice of Removal) (eop) (Entered: 08/11/2017) | |||
| 2017-08-12 | 4 | 0 | MOTION for Limited Early and Expedited Discovery with Brief In Support by Donna Curling. (Attachments: # 1 Exhibit Ex A Discovery Request to Kemp, # 2 Exhibit B Discovery Request to State Election Board, # 3 Exhibit C Discovery Request to King, # 4 Exhibit D Discovery Request to Cobb, # 5 Exhibit E Discovery Request to DeKalb, # 6 Exhibit F Discovery Request to Fulton, # 7 Text of Proposed Order)(Holcomb, Michael) (Entered: 08/12/2017) | |||
| 2017-08-14 | 5 | 0 | ORDER re: 4 Plaintiffs' Expedited Motion for Limited Early and Expedited Discovery. Plaintiffs do not specify in their motion whether they have conferred with Defendants about their request for early and expedited discovery. The Court DIRECTS the parties to confer on this matter and to notify the Court if they can agree on a schedule for early and expedited discovery. The parties shall notify the Court via the electronic docket whether or not they are able to reach such an agreement no later than 12:00 P.M. on Thursday, August 17, 2017, and they shall attach the agreement if one is reached at that time. If the parties are unable to reach such an agreement, Defendants shall file a response to Plaintiffs' motion no later than 5:00 P.M. on Monday, August 21, 2017. The Court may schedule a prompt hearing based on the responses filed. Signed by Judge Amy Totenberg on 8/14/2017. (See order for more specifics) (jtj) (Entered: 08/14/2017) | |||
| 2017-08-14 | 6 | 0 | MOTION for Leave to File Excess Pages by Seth Harp, Brian P. Kemp, Ralph F. (Rusty) Simpson, Rebecca N. Sullivan, The State Election Board, David J. Worley. (Monyak, Elizabeth) (Entered: 08/14/2017) | |||
| 2017-08-15 | 7 | 0 | Memorandum in Support of 2 MOTION for Leave to File to File Amended Complaint, with Brief In Support by Donna Curling. (Attachments: # 1 Text of Proposed Order)(Holcomb, Michael) Modified on 8/15/2017 to reflect e-filed document. (jtj) (Entered: 08/15/2017) | |||
| 2017-08-15 | 8 | 0 | MOTION to Dismiss For Lack of Jurisdiction and, MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM with Brief In Support by Seth Harp, Brian P. Kemp, Ralph F. (Rusty) Simpson, Rebecca N. Sullivan, The State Election Board, David J. Worley. (Attachments: # 1 Brief, # 2 Exhibit Declaration of Chris Harvey, # 3 Exhibit Exh 1 to Harvey Decl., # 4 Exhibit Exh 2 to Harvey Decl., # 5 Exhibit Exh 3 to Harvey Decl., # 6 Exhibit Exh 4 to Harvey Decl., # 7 Exhibit Exh 5 to Harvey Decl, # 8 Exhibit Exh 6 to Harvey Decl)(Correia, Cristina) (Entered: 08/15/2017) | 2017-08-17 18:38:09 | 020a43525b50ab43d8ef0681a963c836efa05c1e | |
| 8 | 1 | Brief | 2017-08-17 18:39:37 | 8ba6a50003abe257389a5b184b6d450a2ad54c5c | ||
| 8 | 2 | Exhibit Declaration of Chris Harvey | ||||
| 8 | 3 | Exhibit Exh 1 to Harvey Decl. | ||||
| 8 | 4 | Exhibit Exh 2 to Harvey Decl. | ||||
| 8 | 5 | Exhibit Exh 3 to Harvey Decl. | ||||
| 8 | 6 | Exhibit Exh 4 to Harvey Decl. | ||||
| 8 | 7 | Exhibit Exh 5 to Harvey Decl | ||||
| 8 | 8 | Exhibit Exh 6 to Harvey Decl | ||||
| 2017-08-16 | 9 | 0 | Return of Service Executed by Coalition for Good Governance. The Dekalb County Board of Registrations and Elections served on 8/9/2017, answer due 8/30/2017. (Holcomb, Michael) (Entered: 08/16/2017) | |||
| 2017-08-17 | 10 | 0 | JOINT NOTICE in Response to 5 Order, by Seth Harp, Brian P. Kemp, Ralph F. (Rusty) Simpson, Rebecca N. Sullivan, The Center for Election Systems at Kennasaw State University, The State Election Board, David J. Worley. (Heidt, Josiah) (Entered: 08/17/2017) | |||
| 2017-08-17 | 11 | 0 | Standing Order: Guidelines to Parties and Counsel Proceeding Before the Honorable Amy Totenberg. You are required to sign and file a Certificate of Compliance in a format consistent with the Certificate of Compliance attached hereto.To request to file material under seal, the Parties should follow the mechanism described in Section II(J) of Appendix H to the Court's Local Civil Rules. Signed by Judge Amy Totenberg on 8/17/2017. (jtj) (Entered: 08/17/2017) | |||
| 2017-08-17 | 12 | 0 | NOTICE of Appearance by Daniel Walter White on behalf of Fred Aiken, Jessica Brooks, Phil Daniell, Janine Eveler, Joe Pettit, The Cobb County Board of Elections and Registration, Darryl O. Wilson (White, Daniel) (Entered: 08/17/2017) | |||
| 2017-08-17 | 13 | 0 | NOTICE of Appearance by Bennett Davis Bryan on behalf of Michael P. Coveny, Maxine Daniels, Anthony Lewis, Leona Perry, The Dekalb County Board of Registrations and Elections, Samuel E. Tillman, Baoky N. Vu (Bryan, Bennett) (Entered: 08/17/2017) | |||
| 2017-08-18 | 14 | 0 | ORDER DENYING AS MOOT 8 Motion to Dismiss. The Amended Complaint is deemed filed as of the date of this Order. Plaintiffs also filed a Notice of Related Case in the previous state court proceedings. (See Doc. 1-5.) They cite to the related case of Donna Curling et al. v. Brian Kemp, in his official capacity as Secretary of State of Georgia, et al., Case No. 2017cv290630, pending before the Honorable Kimberly M. Esmond Adams. The Court DIRECTS counsel for Plaintiffs to send all of the orders in the related case, as well as their own electronic filings, as attachments via email to AT_Chambers@gand.uscourts.gov no later than 5:00 P.M. on August 18, 2017. Likewise, the Court DIRECTS counsel in the State Attorney Generals Office to send all of their own electronic filings in the related case as attachments via email to the AT_Chambers@gand.uscourts.gov no later than 5:00 P.M. on August 18, 2017. The Court ORDERS counsel for Plaintiffs and counsel in the State Attorney General's Office to each separately file on the electronic docket a summary of the status of the related case, not to exceed one page in length, no later than 5:00 P.M. on August 18, 2017. Signed by Judge Amy Totenberg on 8/18/2017. (jtj) (Entered: 08/18/2017) | |||
| 2017-08-18 | 15 | 0 | AMENDED COMPLAINT with Jury Demand flied by plaintiffs against Defendants.(jtj) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions which includes the Consent To Proceed Before U.S. Magistrate form. (Additional attachment(s) added on 8/18/2017: # 1 Exhibits A - E, # 2 Exhibits F and G, # 3 Exhibits H - N, # 4 Verifications) (jtj). (Entered: 08/18/2017) | |||
| 2017-08-18 | 16 | 0 | NOTICE in Response to 14 Order by Seth Harp, Brian P. Kemp, Merle King, Ralph F. (Rusty) Simpson, Rebecca N. Sullivan, The State Election Board, David J. Worley. (Heidt, Josiah) (Entered: 08/18/2017) | |||
| 2017-08-18 | 17 | 0 | NOTICE in Response to 14 Order by Donna Curling. (Holcomb, Michael) (Entered: 08/18/2017) | |||
| 2017-08-18 | 18 | 0 | NOTICE of Appearance by Kaye Woodard Burwell on behalf of Richard Barron, David J. Burge, Mary Carole Cooney, Aaron Johnson, Stan Matarazzo, Vernetta Nuriddin, The Fulton County Board of Registration and Elections (Burwell, Kaye) (Entered: 08/18/2017) | |||
| 2017-08-18 | 19 | 0 | Return of Service Executed by Coalition for Good Governance. The Cobb County Board of Elections and Registration served on 8/10/2017, answer due 8/31/2017. (Holcomb, Michael) (Entered: 08/18/2017) | |||
| 2017-08-18 | 20 | 0 | NOTICE of Appearance by DAVID R. LOWMAN on behalf of Richard Barron, David J. Burge, Mary Carole Cooney, Aaron Johnson, Stan Matarazzo, Vernetta Nuriddin (Burwell, Kaye) Modified on 8/21/2017 to edit attorney. (jtj) (Entered: 08/18/2017) | |||
| 2017-08-18 | 21 | 0 | NOTICE of Appearance by CHERYL M. RINGER on behalf of Richard Barron, David J. Burge, Mary Carole Cooney, Aaron Johnson, Stan Matarazzo, Vernetta Nuriddin. (Burwell, Kaye) Modified on 8/21/2017 to edit attorney. (jtj) (Entered: 08/18/2017) | |||
| 2017-08-21 | 22 | 0 | NOTICE of Appearance by Kaye Woodard Burwell on behalf of Richard Barron, David J. Burge, Mary Carole Cooney, Aaron Johnson, Stan Matarazzo, Vernetta Nuriddin (Burwell, Kaye) (Entered: 08/21/2017) | |||
| 2017-08-21 | 23 | 0 | Return of Service Executed for Complaint. Defendants served Fulton County Board of Registration & Elections - 8/15/2017, Maxine Daniels - 8/5/2017, DeKalb County Board of Registrations & Elections - 8/5/2017, Phil Daniel - 8/4/2017, Darryl O. Wilson - 8/4/2017, Aaron Johnson - 7/15/2017, Fred Aiken - 8/4/2017, and Joe Pettit - 8/7/2017. (Holcomb, Michael) Modified on 8/21/2017 to add dates. (jtj) (Entered: 08/21/2017) | |||
| 2017-08-21 | 24 | 0 | Return of Service Executed for Complaint. David Worley served on 8/11/2017. (Holcomb, Michael) Modified on 8/21/2017 to edit docket text. (jtj) (Entered: 08/21/2017) | |||
| 2017-08-21 | 25 | 0 | NOTICE of Appearance by Aaron Wright on behalf of Donna Curling, Coalition for Good Governance, Donna Price, Jeffrey Schoenberg, Laura Digges, William Digges III, and Ricardo Davis (Wright, Aaron) Modified on 8/21/2017 to add parties. (jtj) (Entered: 08/21/2017) | |||
| 2017-08-21 | 26 | 0 | ACKNOWLEDGMENT OF SERVICE Executed filed by Coalition for Good Governance. Jessica Brooks served on 8/21/2017. (Holcomb, Michael) (Entered: 08/21/2017) | |||
| 2017-08-21 | 27 | 0 | Request for Leave of Absence for the following date(s): September 7-11, September 14-15, September 25-29, October 6, 2017, by Daniel Walter White. (White, Daniel) (Entered: 08/21/2017) | |||
| 2017-08-21 | 28 | 0 | RESPONSE re 4 MOTION for Limited Early and Expedited Discovery filed by Seth Harp, Brian P. Kemp, Merle King, Ralph F. (Rusty) Simpson, Rebecca N. Sullivan, The State Election Board, David J. Worley. (Correia, Cristina) (Entered: 08/21/2017) | |||
| 2017-08-21 | 29 | 0 | RESPONSE re 4 MOTION for Limited Early and Expedited Discovery filed by Stan Matarazzo. (Attachments: # 1 Affidavit Dwight Brower)(Lowman, David) (Entered: 08/21/2017) | |||
| 2017-08-22 | 30 | 0 | REFILED AT 33 AMENDED Affidavit of Dwight Brower in Support of 29 RESPONSE to 4 MOTION for Limited Early and Expedited Discovery, filed by Mark Wingate. (Lowman, David) Modified on 8/22/2017 to reflect e-filed document. (jtj) (Entered: 08/22/2017) | |||
| 2017-08-22 | 31 | 0 | NOTICE of Appearance by Marvin Lim on behalf of Coalition for Good Governance, Donna Curling, Ricardo Davis, Laura Digges, William Digges, III, Donna Price, Jeffrey Schoenberg (Lim, Marvin) (Entered: 08/22/2017) | |||
| 2017-08-22 | 32 | 0 | RESPONSE in Opposition re 4 MOTION for Limited Early and Expedited Discovery filed by Fred Aiken, Jessica Brooks, Phil Daniell, Janine Eveler, Joe Pettit, The Cobb County Board of Elections and Registration, Darryl O. Wilson. (White, Daniel) (Entered: 08/22/2017) | |||
| 2017-08-22 | 33 | 0 | AMENDED Affidavit of Dwight Brower in Support of 29 RESPONSE to 4 MOTION for Limited Early and Expedited Discovery filed by Mark Wingate. (Lowman, David) Modified on 8/22/2017 to reflect e-filed document. (jtj) (Entered: 08/22/2017) | |||
| 2017-08-22 | 34 | 0 | ACKNOWLEDGMENT OF SERVICE Executed filed by Coalition for Good Governance. Mark Wingate served on 8/21/2017, answer due 9/12/2017. (Holcomb, Michael) (Entered: 08/22/2017) | |||
| 2017-08-22 | 35 | 0 | RESPONSE in Opposition re 4 MOTION for Limited Early and Expedited Discovery filed by Michael P. Coveny, Maxine Daniels, Anthony Lewis, Leona Perry, The Dekalb County Board of Registrations and Elections, Samuel E. Tillman, Baoky N. Vu. (Bryan, Bennett) (Entered: 08/22/2017) | |||
| 2017-08-22 | 36 | 0 | AFFIDAVIT of Service for Summons & Verified Complaint , as to The Center for Election Systems at Kennesaw State University, Merle King, The Cobb County Board of Elections and Registration, and Janine Eveler. (Holcomb, Michael) (Entered: 08/22/2017) | |||
| 2017-08-23 | 37 | 0 | APPLICATION for Admission of Edward Bruce Schwartz Pro Hac Vice (Application fee $ 150, receipt number 113E-7343099)by Coalition for Good Governance. (Holcomb, Michael) (Entered: 08/23/2017) | |||
| 2017-08-23 | 38 | 0 | ANSWER to 1 Notice of Removal, 15 Amended Complaint (Discovery ends on 1/20/2018), by Thomas Jonathan Ossoff. (Waldon, Russell) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. (Entered: 08/23/2017) | |||
| 2017-08-23 | 39 | 0 | NOTICE of Appearance by Russell Dunn Waldon on behalf of Thomas Jonathan Ossoff (Waldon, Russell) (Entered: 08/23/2017) | |||
| 2017-08-23 | 40 | 0 | ORDER - The Court encourages Plaintiffs' counsel to seriously review the information filed by Defendants this Friday regarding the time schedule for election preparation as well as Defendants' new motions to dismiss due by August 29, 2017. If, upon review of these materials, Plaintiffs decide to proceed by seeking injunctive relief in connection with the 2018 election cycle instead of the upcoming November 2017 election, Plaintiffs are DIRECTED to notify the Court as soon as possible but no later than 5:00 P.M. on September 1, 2017. If Plaintiffs determine they wish to proceed with the current established schedule and plan, they are advised to focus their motion for preliminary injunctive relief realistically on the limited set of issues and claims they deem essential to be resolved in this current 2017 election cycle. Additional issues, as warranted, will then be addressed in later discovery, briefs, and hearings. Signed by Judge Amy Totenberg on 8/23/2017. (jtj) (Entered: 08/23/2017) | |||
| 2017-08-22 | 41 | 0 | Minute Entry for proceedings held before Judge Amy Totenberg: Telephone Conference held on 8/22/2017. The parties updated the Court as to the status of service on Defendants. See minutes for deadlines. (Court Reporter Shannon Welch)(jpa) (Entered: 08/24/2017) | |||
| 2017-08-24 | 42 | 0 | TRANSCRIPT of Telephone Conference Proceedings held on 8/22/2017, before Judge Amy Totenberg. Court Reporter/Transcriber Shannon R. Welch, RMR, CRR, Telephone number 404-215-1383. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 9/14/2017. Redacted Transcript Deadline set for 9/25/2017. Release of Transcript Restriction set for 11/22/2017. (Attachments: # 1 Notice of Filing Transcript) (srw) (Entered: 08/24/2017) | |||
| 2017-08-24 | 43 | 0 | Notice for Leave of Absence for the following date(s): 9/14/2017, 9/15/2017, 9/18/2017, by Kaye Woodard Burwell. (Burwell, Kaye) (Entered: 08/24/2017) | |||
| 2017-08-24 | 44 | 0 | APPLICATION for Admission of Joe Robert Caldwell, Jr. Pro Hac Vice (Application fee $ 150, receipt number 113E-7346046)by Coalition for Good Governance, Donna Curling, Ricardo Davis, Laura Digges, William Digges, III, Donna Price, Jeffrey Schoenberg. (Holcomb, Michael) (Entered: 08/24/2017) | |||
| 2017-08-24 | 45 | 0 | Notice for Leave of Absence for the following date(s): September 14, 2017, September 15, 2017, by David R. Lowman. (Lowman, David) (Entered: 08/24/2017) | |||
| 2017-08-25 | 46 | 0 | NOTICE of Election Deadlines by Mark Wingate. (Lowman, David) (Entered: 08/25/2017) | |||
| 2017-08-29 | 47 | 0 | MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM with Brief In Support by Michael P. Coveny, Maxine Daniels, Anthony Lewis, Leona Perry, The Dekalb County Board of Registrations and Elections, Samuel E. Tillman, Baoky N. Vu. (Bryan, Bennett) (Entered: 08/29/2017) | |||
| 2017-08-29 | 48 | 0 | MOTION to Dismiss by Fulton County Board of Registration and Elections, Director Richard Barron, members of the FCBRE Mary Carole Cooney, Vernetta Nuriddin, David J. Burge, Stan Matarazzo, Aaron Johnson, and Mark Wingate. (Attachments: # 1 Brief in Support of Motion to Dismiss)(Lowman, David) Modified on 8/30/2017 to add filers. (jtj) (Entered: 08/29/2017) | |||
| 2017-08-29 | 49 | 0 | MOTION to Dismiss for Lack of Subject Matter Jurisdiction, MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM with Brief In Support by Seth Harp, Brian P. Kemp, Merle King, Ralph F. (Rusty) Simpson, Rebecca N. Sullivan, The State Election Board, David J. Worley. (Attachments: # 1 Brief, # 2 Exhibit Chris Harvey Declaration, # 3 Exhibit Marilyn Marks Cross Examination, # 4 Exhibit Electors' Initial Request for Reexamination, # 5 Exhibit Electors' Supplemental Request for Reexamination, # 6 Exhibit Secretary of State's Second Response to Reexamination)(Heidt, Josiah) (Entered: 08/29/2017) | |||
| 2017-08-29 | 50 | 0 | MOTION to Dismiss FOR LACK OF SUBJECT MATTER JURISDICTION, MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM with Brief In Support by Fred Aiken, Jessica Brooks, Phil Daniell, Janine Eveler, Joe Pettit, The Cobb County Board of Elections and Registration, Darryl O. Wilson. (White, Daniel) (Entered: 08/29/2017) | |||
| 2017-08-30 | 51 | 0 | MOTION for Extension of Time to File a Motion for Preliminary Injunction , MOTION for Leave to File Excess Pages by Coalition for Good Governance, Donna Curling, Ricardo Davis, Laura Digges, William Digges, III, Donna Price, Jeffrey Schoenberg. (Attachments: # 1 Text of Proposed Order)(Holcomb, Michael) (Entered: 08/30/2017) | |||
| 2017-08-31 | 52 | 0 | NOTICE Of Filing Transcript of June 7, 2017 Hearing by Seth Harp, Brian P. Kemp, Merle King, Ralph F. (Rusty) Simpson, Rebecca N. Sullivan, The State Election Board, David J. Worley (Attachments: # 1 Exhibit Transcript Exhibits)(Correia, Cristina) (Entered: 08/31/2017) | |||
| 2017-08-31 | 53 | 0 | ORDER GRANTING 51 Motion for Extension of Time contingent on the motion and brief being filed no later than 6:00 PM on September 1, 2017. The briefing schedule is set forth in this order. No extensions shall be granted. The Court will set a potential hearing date for a preliminary injunction hearing for a date to be determined during the week of September 18, 2017. However, the Court will determine whether such a hearing is appropriate and necessary based on its assessment of the motions and briefs. Signed by Judge Amy Totenberg on 9/01/2017. (jtj) (Entered: 09/01/2017) | |||
| 2017-08-31 | 54 | 0 | Minute Entry for proceedings held before Judge Amy Totenberg: Telephone Conference held on 8/31/2017. The Court granted attorneys Edward Schwartz and Joe Caldwell special dispensation to participate in the conference and deal with the issues in their 37 and 44 Applications for Admission Pro Hac Vice after the hearing. Plaintiffs informed the Court of the type of relief they intend to seek in the motion for preliminary injunction. Plaintiffs indicated they can file the motion for preliminary injunction by 6:00 PM on Friday, September 1, 2017. Counsel for the Defendants voiced their opposition. The Court directed Plaintiffs to file a motion seeking leave to amend the complaint to add the additional claim they seek to pursue by noon on Friday, September 1, 2017. The Court directed Plaintiffs to email the Courtroom Deputy Clerk (and copy defense counsel) the constitutional and statutory provisions they are relying on for this new claim. The Court directed defense counsel to file the transcript of the state court hearing. Discussion was had regarding deadlines. The Court took the parties' positions under advisement. Plaintiffs indicated they no longer seek an enlargement of the page limits for their motion for preliminary injunction. 51 Motion for Leave to File Excess Pages is withdrawn. (Court Reporter Shannon Welch)(jtj) (Entered: 09/01/2017) | |||
| 2017-09-01 | 55 | 0 | MOTION to Stay Discovery and Discovery Related Activities with Brief In Support by Seth Harp, Brian P. Kemp, Merle King, Ralph F. (Rusty) Simpson, Rebecca N. Sullivan, The State Election Board, David J. Worley. (Correia, Cristina) (Entered: 09/01/2017) | |||
| 2017-09-05 | 56 | 0 | ORDER GRANTING 55 Motion to Stay All Discovery. Signed by Judge Amy Totenberg on 9/05/2017. (jtj) (Entered: 09/05/2017) | |||
| 2017-09-01 | 57 | 0 | Minute Entry for proceedings held before Judge Amy Totenberg: Telephone Conference held on 9/5/2017. The Court FINDS AS MOOT, 47 , 48 , 49 and 50 Motions to Dismiss. The Court granted attorneys Edward Schwartz, Joe Caldwell, and Anne Lewis special dispensation to participate in the conference. Discussion was had regarding scheduling. The Court authorized Plaintiffs to file an amended complaint. The amended complaint is to be filed by September 15, 2017. Defendants' responses are due by September 29, 2017; no extensions will be granted. Plaintiffs' reply brief is due 14 days thereafter, but the Court encouraged Plaintiffs to file it sooner; no extensions will be granted. If Plaintiffs do not file the amended complaint as represented, Defendants have leave to reassert the motions to dismiss that were deemed moot by the Court. The parties are to meet and confer next week on the issue of the litigation hold. (Court Reporter Shannon Welch)(jtj) (Entered: 09/05/2017) | |||
| 2017-09-07 | 58 | 0 | MOTION to Remand to State Court by Mark Wingate. (Burwell, Kaye) (Entered: 09/07/2017) | |||
| 2017-09-08 | 59 | 0 | TRANSCRIPT of Telephone Conference Proceedings held on 8/31/2017, before Judge Amy Totenberg. Court Reporter/Transcriber Shannon R. Welch, RMR, CRR, Telephone number 404-215-1383. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 9/29/2017. Redacted Transcript Deadline set for 10/10/2017. Release of Transcript Restriction set for 12/7/2017. (Attachments: # 1 Notice of Filing Transcript) (srw) (Entered: 09/08/2017) | |||
| 2017-09-08 | 60 | 0 | TRANSCRIPT of Telephone Conference Proceedings held on 9/1/2017, before Judge Amy Totenberg. Court Reporter/Transcriber Shannon R. Welch, RMR, CRR, Telephone number 404-215-1383. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 9/29/2017. Redacted Transcript Deadline set for 10/10/2017. Release of Transcript Restriction set for 12/7/2017. (Attachments: # 1 Notice of Filing Transcript) (srw) (Entered: 09/08/2017) | |||
| 2017-09-08 | 61 | 0 | APPLICATION for Admission of Edward Bruce Schwartz Pro Hac Vice by Coalition for Good Governance, Donna Curling, Ricardo Davis, Laura Digges, William Digges, III, Donna Price, Jeffrey Schoenberg. (Holcomb, Michael) (Entered: 09/08/2017) | |||
| 2017-09-08 | 62 | 0 | APPLICATION for Admission of Joe Robert Caldwell, Jr. Pro Hac Vice by Coalition for Good Governance, Donna Curling, Ricardo Davis, Laura Digges, William Digges, III, Donna Price, Jeffrey Schoenberg. (Holcomb, Michael) (Entered: 09/08/2017) | |||
| 2017-09-11 | 63 | 0 | NOTICE of Appearance by Vincent Robert Russo, Jr on behalf of Karen C. Handel (Russo, Vincent) (Entered: 09/11/2017) | |||
| 2017-09-11 | 64 | 0 | NOTICE by Karen C. Handel of Special Appearance (Russo, Vincent) (Entered: 09/11/2017) | |||
| 2017-09-11 | 65 | 0 | NOTICE of Appearance by Anne Ware Lewis on behalf of Karen C. Handel (Lewis, Anne) (Entered: 09/11/2017) | |||
| 2017-09-11 | 66 | 0 | NOTICE of Appearance by Frank B. Strickland on behalf of Karen C. Handel (Strickland, Frank) (Entered: 09/11/2017) | |||
| 2017-09-11 | 67 | 0 | NOTICE of Appearance by Barclay Hendrix on behalf of Karen C. Handel (Hendrix, Barclay) (Entered: 09/11/2017) | |||
| 2017-09-15 | 68 | 0 | ORDER DIRECTING counsel to notify the Court no later than 9/18/2017 if Representative Handel (or counsel on her behalf) will accept service. If the Court is notified by 9/18/217 that the service issue has been resolved, the Court will grant Handel's extension of time through 10/2/2017 to respond to the amended complaint. Signed by Judge Amy Totenberg on 9/15/2017. (sap) (Entered: 09/15/2017) | |||
| 2017-09-15 | 69 | 0 | DUPLICATE ENTRY ORDER re Karen C. Handel's request in her 64 Special Appearance for an extension of time to file a responsive pleading to Plaintiffs' amended complaint. Assuming that Representative Handel maintains that she still has not been served, her counsel is DIRECTED to notify the Court no later than September 18, 2017, if she (or counsel on her behalf) will accept service. If Representative Handel's counsel notifies the Court on September 18 that this service issue has been resolved, the Court will grant Representative Handel an extension to respond to the amended complaint no later than October 2, 2017. Signed by Judge Amy Totenberg on 9/15/2017. (acm) Text Modified on 9/18/2017 (sap). (Entered: 09/15/2017) | |||
| 2017-09-15 | 70 | 0 | Second AMENDED COMPLAINT against All Defendants with Jury Demand, filed by Ricardo Davis, Coalition for Good Governance, Donna Curling, William Digges, III, Donna Price, Jeffrey Schoenberg, Laura Digges.(Holcomb, Michael) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions which includes the Consent To Proceed Before U.S. Magistrate form. (Entered: 09/15/2017) | |||
| 2017-09-18 | 71 | 0 | ORDER GRANTING 62 Application of Joe Robert Caldwell, Jr. for Admission Pro Hac Vice. Signed by Judge Amy Totenberg on 9/18/2017. (jtj) (Entered: 09/18/2017) | |||
| 2017-09-18 | 72 | 0 | ORDER GRANTING 61 Application of Edward Bruce Schwartz for Admission Pro Hac Vice. Signed by Judge Amy Totenberg on 9/18/2017. (jtj) (Entered: 09/18/2017) | |||
| 2017-09-18 | 73 | 0 | RESPONSE to 68 Court's September 15, 2017 Order, filed by Representative Karen C. Handel. (Russo, Vincent) (Entered: 09/18/2017) | |||
| 2017-09-18 | 74 | 0 | ACKNOWLEDGMENT OF SERVICE Executed filed by Karen C. Handel. (Russo, Vincent) (Entered: 09/18/2017) | |||
| 2017-09-21 | 75 | 0 | RESPONSE in Opposition re 58 MOTION to Remand to State Court by Mark Wingate filed by Coalition for Good Governance, Donna Curling, Ricardo Davis, Laura Digges, William Digges, III, Donna Price, Jeffrey Schoenberg, Edward Curtis Terry. (Holcomb, Michael) (Entered: 09/21/2017) | |||
| 2017-09-20 | 76 | 0 | Minute Entry for proceedings held before Judge Amy Totenberg: Telephone Conference held on 9/20/2017. Plaintiffs stated that they did drop the contest claim in the recently filed amended complaint and that there were no remaining claims against Karen Handel. Counsel for Handel contended that she should thus be dismissed as a party. By Tuesday, September 26, 2017, the Plaintiffs are to provide Handel's attorney, and notify the Court, as to Plaintiffs' position re the claims against Handel. Discussion was had regarding Defendant Wingate's motion to remand. Plaintiffs will file opposition to the motion to remand. Discussion was had regarding the litigation hold on voting equipment. Plaintiffs will inform Defendants by Friday, September 22, 2017, re what equipment, if any, it believes need to remain subject to the litigation hold. (Court Reporter Shannon Welch) (jtj) (Entered: 09/22/2017) | |||
| 2017-09-22 | 77 | 0 | ORDER DENYING AS MOOT 3 Plaintiffs' Motion for Leave to Serve Election Contest Defendants and Candidates by Certified Process Server; 4 Plaintiffs' Expedited Motion for Limited Early and Expedited Discovery; and 6 State Defendants' Motion for Leave to File Excess Pages. Signed by Judge Amy Totenberg on 9/22/2017. (jtj) (Entered: 09/22/2017) | |||
| 2017-09-22 | 78 | 0 | MOTION for Leave to File Excess Pages by Seth Harp, Brian P. Kemp, Merle King, Ralph F. (Rusty) Simpson, Rebecca N. Sullivan, The State Election Board, David J. Worley. (Attachments: # 1 Text of Proposed Order)(Correia, Cristina) (Entered: 09/22/2017) | |||
| 2017-09-22 | 79 | 0 | First MOTION to Dismiss with Brief In Support by Michael P. Coveny, Maxine Daniels, Anthony Lewis, Leona Perry, The Dekalb County Board of Registrations and Elections, Samuel E. Tillman, Baoky N. Vu. (Bryan, Bennett) (Entered: 09/22/2017) | |||
| 2017-09-26 | 80 | 0 | TRANSCRIPT of Telephone Conference Proceedings held on 9/20/2017, before Judge Amy Totenberg. Court Reporter/Transcriber Shannon R. Welch, RMR, CRR, Telephone number 404-215-1383. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 10/17/2017. Redacted Transcript Deadline set for 10/27/2017. Release of Transcript Restriction set for 12/26/2017. (Attachments: # 1 Notice of Filing Transcript) (srw) (Entered: 09/26/2017) | |||
| 2017-09-28 | 81 | 0 | ORDER - Ms. Handel is no longer a party to this case as of the Second Amended Complaint. She is not required to file any response to the Second Amended Complaint, let alone participate in this case going forward. There is nothing to dismiss. And therefore there is no basis for Mr. Russo's motion.The Clerk of Court is DIRECTED to immediately terminate Ms. Handel as a party in this case, so that the docket reflects that the Second Amended Complaint brought no claims against Ms. Handel and did not name her as a party defendant. Signed by Judge Amy Totenberg on 9/28/2017. (jtj) (Entered: 09/28/2017) | |||
| 2017-09-29 | 82 | 0 | MOTION to Dismiss by David J. Burge, Mary Carole Cooney, Aaron Johnson, Stan Matarazzo, Vernetta Nuriddin, Mark Wingate. (Attachments: # 1 Brief)(Lowman, David) (Entered: 09/29/2017) | |||
| 2017-09-29 | 83 | 0 | MOTION to Dismiss for Lack of Subject Matter Jurisdiction, MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Second Amended Complaint with Brief In Support by Seth Harp, Brian P. Kemp, Merle King, Ralph F. (Rusty) Simpson, State of Election Board, Rebecca N. Sullivan, The State Election Board, David J. Worley. (Attachments: # 1 Brief)(Heidt, Josiah) (Entered: 09/29/2017) | |||
| 2017-09-29 | 84 | 0 | MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM with Brief In Support by Fred Aiken, Jessica Brooks, Phil Daniell, Janine Eveler, Joe Pettit, The Cobb County Board of Elections and Registration, Darryl O. Wilson. (White, Daniel) (Entered: 09/29/2017) | |||
| 2017-10-02 | 85 | 0 | UNOPPOSED MOTION to Consolidate Deadlines for Plaintiff's Responses to Defendants' Motions to Dismiss with Brief In Support, by Coalition for Good Governance, Donna Curling, Ricardo Davis, Laura Digges, William Digges, III, Donna Price, Jeffrey Schoenberg, Edward Curtis Terry. (Attachments: # 1 Brief, # 2 Text of Proposed Order)(Holcomb, Michael) (Entered: 10/02/2017) | |||
| 2017-10-03 | 86 | 0 | ORDER GRANTING 85 Motion to Consolidate Deadlines. The Plaintiffs' response brief to the Defendants' motions to dismiss (Dkt. Nos. 79, 82, 83, and 84) is due by October 13, 2017. Signed by Judge Amy Totenberg on 10/03/2017. (jtj) (Entered: 10/03/2017) | |||
| 2017-10-05 | 87 | 0 | REPLY to 58 MOTION to Remand to State Court with Brief In Support, by Richard Barron, David J. Burge, Mary Carole Cooney, Aaron Johnson, Stan Matarazzo, Vernetta Nuriddin, The Fulton County Board of Registration and Elections, Mark Wingate. (Burwell, Kaye) Modified on 10/5/2017 to reflect e-filed document. (jtj) (Entered: 10/05/2017) | |||
| 2017-10-09 | 88 | 0 | REPLY BRIEF re 58 MOTION to Remand to State Court filed by Mark Wingate. (Burwell, Kaye) (Entered: 10/09/2017) | |||
| 2017-10-10 | 89 | 0 | ORDER GRANTING 78 Motion for Leave to File Excess Pages. Signed by Judge Amy Totenberg on 10/10/2017. (jtj) (Entered: 10/10/2017) | |||
| 2017-10-13 | 90 | 0 | MOTION for Leave to File Excess Pages with Brief In Support by Coalition for Good Governance, Donna Curling, Ricardo Davis, Laura Digges, William Digges, III, Donna Price, Jeffrey Schoenberg. (Attachments: # 1 Brief in Support of a Motion to File Brief in Excess of Twenty-Five Pages, # 2 Text of Proposed Order)(Schwartz, Edward) (Entered: 10/13/2017) | |||
| 2017-10-13 | 91 | 0 | RESPONSE re 83 MOTION to Dismiss for Lack of Subject Matter Jurisdiction MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Second Amended Complaint, 82 MOTION to Dismiss , 79 First MOTION to Dismiss , 84 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Coalition for Good Governance, Donna Curling, Ricardo Davis, Laura Digges, William Digges, III, Donna Price, Jeffrey Schoenberg. (Schwartz, Edward) (Entered: 10/13/2017) | |||
| 2017-10-18 | 92 | 0 | ORDER granting in part the 90 Motion for Leave to File Excess Pages. Plaintiffs shall file their 75-page response brief no later than October 20, 2017 at 4:30 P.M. The Court expects the response brief to be a condensed version of the currently filed brief, not a revised version with new or additional arguments. Defendants time to file their reply brief(s) is extended to October 30, 2017. Signed by Judge Amy Totenberg on 10/18/17. (aaq) (Entered: 10/18/2017) | |||
| 2017-10-20 | 93 | 0 | RESPONSE re 83 MOTION to Dismiss for Lack of Subject Matter Jurisdiction MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Second Amended Complaint, 82 MOTION to Dismiss , 79 First MOTION to Dismiss , 84 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM AS AMENDED filed by Coalition for Good Governance, Donna Curling, Ricardo Davis, Laura Digges, William Digges, III, Donna Price, Jeffrey Schoenberg, Edward Curtis Terry. (Schwartz, Edward) (Entered: 10/20/2017) | |||
| 2017-10-24 | 94 | 0 | REPLY BRIEF in Support of 79 First MOTION to Dismiss filed by Michael P. Coveny, Maxine Daniels, Anthony Lewis, Leona Perry, The Dekalb County Board of Registrations and Elections, The Fulton County Board of Registration and Elections, Samuel E. Tillman, Baoky N. Vu. (Bryan, Bennett) (Entered: 10/24/2017) | |||
| 2017-10-27 | 95 | 0 | MOTION for Leave to File Excess Pages by Seth Harp, Brian P. Kemp, Merle King, Ralph F. (Rusty) Simpson, State of Election Board, Rebecca N. Sullivan, David J. Worley. (Attachments: # 1 Text of Proposed Order)(Correia, Cristina) (Entered: 10/27/2017) | |||
| 2017-10-30 | 96 | 0 | ORDER GRANTING IN PART 95 Motion for Leave to File Excess Pages. The State Defendants may file a reply brief no longer than 20 pages in length. Signed by Judge Amy Totenberg on 10/30/2017. (jtj) (Entered: 10/30/2017) | |||
| 2017-10-30 | 97 | 0 | REPLY to Response to Motion re 83 MOTION to Dismiss for Lack of Subject Matter Jurisdiction MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Second Amended Complaint filed by Seth Harp, Brian P. Kemp, Merle King, Ralph F. (Rusty) Simpson, State of Election Board, Rebecca N. Sullivan, David J. Worley. (Correia, Cristina) (Entered: 10/30/2017) | |||
| 2017-10-30 | 98 | 0 | REPLY BRIEF re 84 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Fred Aiken, Jessica Brooks, Phil Daniell, Janine Eveler, Joe Pettit, The Cobb County Board of Elections and Registration, Darryl O. Wilson. (White, Daniel) (Entered: 10/30/2017) | |||
| 2017-10-31 | 99 | 0 | ORDER DENYING as MOOT 58 Motion to Remand to State Court. Signed by Judge Amy Totenberg on 10/31/17. (bnw) (Entered: 10/31/2017) | |||
| 2017-10-31 | 100 | 0 | REPLY to Response to Motion re 83 MOTION to Dismiss for Lack of Subject Matter Jurisdiction MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Second Amended Complaint filed by Richard Barron, David J. Burge, Mary Carole Cooney, Aaron Johnson, Stan Matarazzo, Vernetta Nuriddin, Mark Wingate. (Lowman, David) (Entered: 10/31/2017) | |||
| 2017-11-03 | 101 | 0 | Certificate of Consent to Withdraw and Substitution of Counsel by Seth Harp, Brian P. Kemp, Ralph F. (Rusty) Simpson, State of Election Board, Rebecca N. Sullivan, The State Election Board, David J. Worley. (Correia, Cristina) (Entered: 11/03/2017) | |||
| 2017-11-03 | 102 | 0 | Certificate of Consent to Withdraw as Counsel and Substitution of Counsel, by Merle King. (Correia, Cristina) (Entered: 11/03/2017) | |||
| 2017-11-03 | 103 | 0 | Certification of Consent to Substitution of Counsel. Roy E. Barnes and John Frank Salter, Jr substituted for Seth Harp, Brian P. Kemp, Ralph F. (Rusty) Simpson, State of Election Board, Rebecca N. Sullivan, and for David J. Worley. Barnes and salter replacing attorneys Elizabeth Ahern Monyak, Cristina Correia and Josiah Benjamin Heidt. (jtj) (Entered: 11/03/2017) | |||
| 2017-11-03 | 104 | 0 | MOTION to Withdraw Edward Bruce Schwartz as Attorney with Brief In Support by Coalition for Good Governance. (Attachments: # 1 Exhibit, # 2 Text of Proposed Order)(Schwartz, Edward) (Entered: 11/03/2017) | |||
| 2017-11-07 | 105 | 0 | Minute Entry for proceedings held before Judge Amy Totenberg: Telephone Conference held on 11/7/2017. The Court indicated that the Plaintiffs must file a motion regarding spoliation if they want to pursue that issue. The Court inquired as to what the Defendants had done regarding the wiping of the Kennesaw State University server. The Court encouraged the parties to confer about preservation of evidence. Plaintiffs will circulate a draft order to Defendants and submit a proposed order to the Court by close of business on Monday, November 13, 2017. Counsel for the State Defendants requested oral argument on the pending motions to dismiss. The Court inquired as to whether the parties can stipulate to any items, including facts. The parties are to provide the Court with a joint report not exceeding 4 pages in length summarizing their conversations by close of business on Monday, November 13, 2017. (Court Reporter Shannon Welch)(jtj) (Entered: 11/07/2017) | |||
| 2017-11-07 | 106 | 0 | NOTICE of Appearance by Grant Edward Schnell on behalf of Merle King (Schnell, Grant) (Entered: 11/07/2017) |