Case: Obama for America v. Husted

2:12-cv-00636 | U.S. District Court for the Southern District of Ohio

Filed Date: July 17, 2012

Closed Date: 2014

Clearinghouse coding complete

Case Summary

On July 17, 2012, Obama for America, the Democratic National Committee, and the Ohio Democratic Party sued the State of Ohio in the U.S. District Court for the Southern District of Ohio under 42 U.S.C. §1983. Plaintiffs, represented by private counsel, asked the court to order a preliminary and permanent injunction against recent changes to Ohio's system for managing absentee balloting and early in-person voting. They claimed that these changes would disproportionally effect poor and minority v…

On July 17, 2012, Obama for America, the Democratic National Committee, and the Ohio Democratic Party sued the State of Ohio in the U.S. District Court for the Southern District of Ohio under 42 U.S.C. §1983. Plaintiffs, represented by private counsel, asked the court to order a preliminary and permanent injunction against recent changes to Ohio's system for managing absentee balloting and early in-person voting. They claimed that these changes would disproportionally effect poor and minority voters in violation of their constitutional rights under the Equal Protection clause of the Fourteenth Amendment.

Specifically, in 2005, following widespread voting difficulties in the 2004 election, Ohio had expanded participation in absentee balloting and in-person early voting to include all registered Ohio voters. But in 2011, the state legislature limited access to in-person early voting during the three days prior to Election Day to only active duty military personnel and overseas residents. Ohio Revised Code 3509.03, Secretary of State Directive 2012-35. In addition, for most voters, weekend in-person early voting was eliminated, as was non-working hour voting-except for the last two weeks prior to Election Day, when elections boards are open until 7 p.m. weekdays. Plaintiffs presented evidence that most early voting had previously taken place in the non-work hours, and on weekends, and that this was particularly true for poor and African-American voters. They argued that Ohio's changes would disproportionately impact these voters.

On August 31, 2012, District Court Judge Peter Economus granted a preliminary injunction in the plaintiffs' favor. 888 F. Supp. 2d 897 (S.D. Ohio 2012). He explained that, under Bush v. Gore, 531 U.S. 98, 104 (2000): "The right to vote is protected in more than the initial allocation of the franchise. Equal protection applies as well to the manner of its exercise. Having once granted the right to vote on equal terms, the State may not, by later arbitrary and disparate treatment, value one person's vote over that of another." The court found, that under Anderson v. Celebrezze, 460 U.S. 780 (1983), the interests asserted by the state were outweighed by the burden to would-be early voters. Defendants appealed.

On October 5, 2012, The Sixth Circuit Court of Appeals, in an opinion by Judge Eric Clay, affirmed the district court's grant of a preliminary injunction. 697 F.3d 423 (6th Cir. 2012). On October 16, without recorded dissent, the Supreme Court rejected an application by the State of Ohio for an emergency stay pending a petition for certiorari review. 133 S. Ct. 497 (2012). The Ohio Secretary of State promptly issued Directive 2012-50 to localities requiring that they remain open from 8 to 2 on the Saturday and Monday prior to Election day, and 1 to 5 on the Sunday prior to Election Day.

The November 2012 election came and went. In early 2014, the Ohio Secretary of State issued Directive 2014-06 which limited early in-person voting to only Saturday and Monday before an election, not Sunday. On May 1, 2014, plaintiffs filed a motion for summary judgment and requested that the court order a permanent injunction enjoining the Ohio Secretary of State from enforcing the restrictions codified in § 3509.03 and requiring him to restore in-person early voting to three days immediately preceding all future election days. District Court Judge Peter Economus granted the motion on June 11, 2014, and entered a permanent injunction against the Secretary of State from implementing and enforcing the Friday before election day close of in-person early voting.

Summary Authors

Richard Jolly (10/1/2014)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4363276/parties/obama-for-america-v-husted/


Judge(s)

Clay, Eric L. (Michigan)

Economus, Peter C. (Ohio)

Hood, Joseph Martin (Kentucky)

King, Norah McCann (Ohio)

White, Helene N. (Michigan)

Attorneys(s) for Plaintiff

Bauer, Robert F. (District of Columbia)

Coie, Perkins (Oregon)

Colombo, J. Corey (Ohio)

Katzman, Jennifer (Illinois)

McGinnis, Mark A. (Ohio)

Judge(s)

Clay, Eric L. (Michigan)

Economus, Peter C. (Ohio)

Hood, Joseph Martin (Kentucky)

King, Norah McCann (Ohio)

White, Helene N. (Michigan)

Attorneys(s) for Plaintiff

Bauer, Robert F. (District of Columbia)

Coie, Perkins (Oregon)

Colombo, J. Corey (Ohio)

Katzman, Jennifer (Illinois)

McGinnis, Mark A. (Ohio)

McTigue, Donald Joseph (Ohio)

Attorneys(s) for Defendant

Armstrong, Maria J. (Ohio)

Carney, Stephen P. (Ohio)

Coglianese, Richard N. (Ohio)

Connolly, J. Michael (District of Columbia)

Consovoy, William S. (District of Columbia)

Coontz, Bridget C (Ohio)

DeWine, Michael (Ohio)

Hendershot, Michael J. (Ohio)

Lin, Elbert (District of Columbia)

McCarthy, Thomas R. (District of Columbia)

Morrissey, Brendan J. (District of Columbia)

Schuck, James P. (Ohio)

Schuler, Michael J. (Ohio)

Sferra, Anne Marie (Ohio)

Other Attorney(s)

Dickerson, James M. (Ohio)

Howard, Robert Jason (Ohio)

Makhlouf, Majeed G. (Ohio)

Meyer, Jill Patricia (Ohio)

Shook, Kevin (Ohio)

Wheeler, Thomas E (Indiana)

Documents in the Clearinghouse

Document

2:12-cv-00636

12-04055

12-04076

Docket [PACER]

June 11, 2014

June 11, 2014

Docket
1

2:12-cv-00636

Complaint for Declaratory and Injunctive Relief

July 12, 2012

July 12, 2012

Complaint
2

2:12-cv-00636

Plaintiffs' Motion for Preliminary Injunction and Memorandum of Law in Support

July 17, 2012

July 17, 2012

Pleading / Motion / Brief
48

2:12-cv-00636

Opinion and Order on Preliminary Injunction

888 F.Supp.2d 897, 2012 WL 3765060

Aug. 31, 2012

Aug. 31, 2012

Order/Opinion
50

2:12-cv-00636

PLAINTIFFS’ MOTION TO ENFORCE THE COURT'S ORDER OF AUGUST 30, 2012

Sept. 5, 2012

Sept. 5, 2012

Pleading / Motion / Brief

12-04055

Opinion [6th Circuit]

U. S. Court of Appeals for the Sixth Circuit

697 F.3d 423

Oct. 5, 2012

Oct. 5, 2012

Order/Opinion

12-00338

Emergency Application for a Stay

Husted v. Obama for America

Supreme Court of the United States

Oct. 9, 2012

Oct. 9, 2012

Pleading / Motion / Brief

12-00338

OPPOSITION TO EMERGENCY APPLICATION FOR A STAY PENDING CERTIORARI

Husted v. Obama for America

Supreme Court of the United States

Oct. 12, 2012

Oct. 12, 2012

Pleading / Motion / Brief

12-00338

REPLY IN SUPPORT OF EMERGENCY APPLICATION FOR STAY PENDING CERTIORARI

Husted v. Obama for America

Supreme Court of the United States

Oct. 13, 2012

Oct. 13, 2012

Pleading / Motion / Brief

Uniform Days and Hours for In-Person Absentee Voting from November 3, 2012 through November 5, 2012

[na]

No Court

Oct. 16, 2012

Oct. 16, 2012

Statute/Ordinance/Regulation

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4363276/obama-for-america-v-husted/

Last updated Aug. 6, 2022, 3:21 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against All Defendants ( Filing fee $ 350 paid - receipt number: 0648-3723191), filed by OBAMA FOR AMERICA, Ohio Democratic Party, DEMOCRATIC NATIONAL COMMITTEE. [ELECTION ISSUE(S) CITED] (McGinnis, Mark) (Entered: 07/17/2012)

July 17, 2012

July 17, 2012

Clearinghouse
2

MOTION for Preliminary Injunction by Plaintiffs DEMOCRATIC NATIONAL COMMITTEE, OBAMA FOR AMERICA, Ohio Democratic Party. (McGinnis, Mark) (Entered: 07/17/2012)

July 17, 2012

July 17, 2012

Clearinghouse
3

AFFIDAVIT in Support re 2 MOTION for Preliminary Injunction OF DONALD J MCTIGUE filed by Plaintiffs DEMOCRATIC NATIONAL COMMITTEE, OBAMA FOR AMERICA, Ohio Democratic Party. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13) (McGinnis, Mark) (Entered: 07/17/2012)

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

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4 Exhibit 4

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5 Exhibit 5

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6 Exhibit 6

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7 Exhibit 7

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8 Exhibit 8

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9 Exhibit 9

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10 Exhibit 10

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11 Exhibit 11

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12 Exhibit 12

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13 Exhibit 13

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July 17, 2012

July 17, 2012

RECAP
4

NOTICE by Plaintiffs DEMOCRATIC NATIONAL COMMITTEE, OBAMA FOR AMERICA, Ohio Democratic Party re 2 MOTION for Preliminary Injunction OF FILING OF PROPOSED ORDER GRANTING MOTION FOR PRELIMINARY INJUNCTION (McGinnis, Mark) (Entered: 07/18/2012)

July 18, 2012

July 18, 2012

PACER
5

NOTICE of Appearance by Richard Nicholas Coglianese for Defendants Mike DeWine, Jon Husted (Coglianese, Richard) (Entered: 07/18/2012)

July 18, 2012

July 18, 2012

PACER
6

NOTICE of Appearance by Michael Joseph Schuler for Defendants Mike DeWine, Jon Husted (Schuler, Michael) (Entered: 07/18/2012)

July 18, 2012

July 18, 2012

PACER
7

ORDER re 2 MOTION for Preliminary Injunction: The Court orders the following 1) Defendants' Memo Contra due 8/1/2012; 2) Plaintiffs' Reply in Support due 8/8/2012; 3) Parties stipulations and joint evidence due 8/10/2012; 4) Hearing on Motion for Preliminary Injunction will be set for 8/15/2012 @ 9:30A. Signed by Senior Judge Peter C Economus on 7/20/2012. (er1) (Entered: 07/20/2012)

July 20, 2012

July 20, 2012

PACER
8

MOTION to Intervene by Intervenor Defendants National Guard Association of the United States, Association of the U.S. Navy, Marine Corps League, Military Officers Association of America, Reserve Officers Association, National Association for Uniformed Services, Non Commissioned Officers Association of the USA, Army Reserve Association, Fleet Reserve Association, Special Forces Association, U.S. Army Ranger Association, Inc., AMVETS, National Defense Committee, Military Order of the World Wars, Intervenor Association of the U.S. Army. (Attachments: # 1 Exhibit 1 Memorandum in Opposition to Plaintiffs' Motion for Preliminary Injunction, # 2 Exhibit 2 Motion to Dismiss for Failure to State a Claim, # 3 Text of Proposed Order) (Shook, Kevin) Modified on 8/6/2012 (jr1). (Entered: 08/01/2012)

1 Exhibit 1 Memorandum in Opposition to Plaintiffs' Motion for Preliminary In

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2 Exhibit 2 Motion to Dismiss for Failure to State a Claim

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3 Text of Proposed Order

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Aug. 1, 2012

Aug. 1, 2012

RECAP
9

RESPONSE in Opposition re 2 MOTION for Preliminary Injunction filed by Defendants Mike DeWine, Jon Husted. (Coglianese, Richard) (Entered: 08/01/2012)

Aug. 1, 2012

Aug. 1, 2012

RECAP
10

RESPONSE to Motion re 8 MOTION to Intervene, MEMORANDUM IN SUPPORT OF MILITARY GROUPS' MOTION TO INTERVENE, filed by Plaintiffs Democratic National Commitee, Obama for America, Ohio Democratic Party. (McGinnis, Mark) (Entered: 08/03/2012)

Aug. 3, 2012

Aug. 3, 2012

RECAP
11

RESPONSE to Motion re 8 MOTION to Intervene Defendants' Memorandum in Support of the Military Groups' Motion to Intervene filed by Defendants Mike DeWine, Jon Husted. (Coglianese, Richard) (Entered: 08/06/2012)

Aug. 6, 2012

Aug. 6, 2012

PACER
12

ORDER granting 8 Motion to Intervene. In addition, this Court deems the Intervenors' Memorandum in Opposition to Plaintiff's Motion for Preliminary Injunction and Motion to Dismiss to be filed instanter. Signed by Senior Judge Peter C Economus on 8/6/12. (jr1) (Entered: 08/06/2012)

Aug. 6, 2012

Aug. 6, 2012

PACER
13

MOTION for Leave to Appear Pro Hac Vice of ROBERT F. BAUER (Filing fee $ 200, receipt number 0648-3750710) by Plaintiffs Democratic National Commitee, Obama for America. (Attachments: # 1 Exhibit Certificate of Good Standing) (McGinnis, Mark) (Entered: 08/07/2012)

1 Exhibit Certificate of Good Standing

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Aug. 7, 2012

Aug. 7, 2012

PACER
14

ORDER granting 13 Motion for leave to appear pro hac vice of Robert F. Bauer on behalf of plaintiffs Obama for America and Demcoratic National Committee conditional on counsel's. Signed by Magistrate Judge Norah McCann King on 8/07/12. (rew) (Entered: 08/07/2012)

Aug. 7, 2012

Aug. 7, 2012

PACER
15

MOTION for Leave to Appear Pro Hac Vice of Jennifer S. Katzman (Filing fee $ 200, receipt number 0648-3752937) by Plaintiff Obama for America. (Attachments: # 1 Exhibit Certificate of Good Standing) (McGinnis, Mark) (Entered: 08/08/2012)

1 Exhibit Certificate of Good Standing

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Aug. 8, 2012

Aug. 8, 2012

PACER
16

ORDER granting 15 Motion for leave to appear pro hac vice of Jennifer S. Katzman on behalf of plaintiff Obama for America. Signed by Magistrate Judge Norah McCann King on 8/08/12. (rew) (Entered: 08/08/2012)

Aug. 8, 2012

Aug. 8, 2012

PACER
17

MOTION for Leave to File Amicus Curiae Brief by Amicus American Center for Law and Justice. (Howard, Robert) (Entered: 08/08/2012)

Aug. 8, 2012

Aug. 8, 2012

PACER
18

Corporate Disclosure Statement by Amicus American Center for Law and Justice. (Howard, Robert) (Entered: 08/08/2012)

Aug. 8, 2012

Aug. 8, 2012

PACER
19

Amicus Curiae APPEARANCE entered by Robert Jason Howard Amicus American Center for Law and Justice. (Howard, Robert) (Entered: 08/08/2012)

Aug. 8, 2012

Aug. 8, 2012

PACER
20

REPLY to 9 Response to 2 MOTION for Preliminary Injunction filed by Plaintiffs Democratic National Commitee, Obama for America, Ohio Democratic Party. (McGinnis, Mark) Modified text and added link on 8/10/2012 (er1). (Entered: 08/08/2012)

Aug. 8, 2012

Aug. 8, 2012

PACER
21

MOTION for Leave to Appear Pro Hac Vice of Thomas E. Wheeler (Filing fee $ 200) by Intervenor Defendants AMVETS, Army Reserve Association, Association of the U.S. Navy, Fleet Reserve Association, Marine Corps League, Military Officers Association of America, Military Order of the World Wars, National Association for Uniformed Services, National Defense Committee, National Guard Association of the United States, Non Commissioned Officers Association of the USA, Reserve Officers Association, Special Forces Association, U.S. Army Ranger Association, Inc., Intervenor Association of the U.S. Army. (Attachments: # 1 Exhibit A Certificate of Good Standing from the Supreme Court of Indiana, # 2 Exhibit B Certificate of Good Standing from the Supreme Court of Kentucky, # 3 Text of Proposed Order) (Shook, Kevin) (Entered: 08/09/2012)

1 Exhibit A Certificate of Good Standing from the Supreme Court of Indiana

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2 Exhibit B Certificate of Good Standing from the Supreme Court of Kentucky

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3 Text of Proposed Order

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Aug. 9, 2012

Aug. 9, 2012

PACER
24

ORDER granting 21 Motion for leave to appear pro hac vice of Thomas E Wheeleron behalf of defendant-intervenors. Signed by Magistrate Judge Norah McCann King on 8/09/12. (rew) (Entered: 08/13/2012)

Aug. 9, 2012

Aug. 9, 2012

PACER
22

ORDER granting 17 Motion for Leave to file amicus briefs. In addition, this Court deems the amicus brief (doc. # 19 ) to be filed instanter. Signed by Senior Judge Peter C Economus on 8/9/2012. (jr1) (Entered: 08/09/2012)

Aug. 9, 2012

Aug. 9, 2012

PACER
23

ORDER - The deadline for filing stipulations and joint evidence is extended to 8/13/12. The parties are permitted to manually file exhibits. Signed by Senior Judge Peter C Economus on 8/10/12. (jr1) (Entered: 08/10/2012)

Aug. 10, 2012

Aug. 10, 2012

PACER
25

Exhibit List by Intervenor Defendants AMVETS, Army Reserve Association, Association of the U.S. Navy, Fleet Reserve Association, Marine Corps League, Military Officers Association of America, Military Order of the World Wars, National Association for Uniformed Services, National Defense Committee, National Guard Association of the United States, Non Commissioned Officers Association of the USA, Reserve Officers Association, Special Forces Association, U.S. Army Ranger Association, Inc., Intervenor Association of the U.S. Army, Defendants Mike DeWine, Jon Husted, Plaintiffs Democratic National Commitee, Obama for America, Ohio Democratic Party.. (McGinnis, Mark) (Entered: 08/13/2012)

Aug. 13, 2012

Aug. 13, 2012

PACER
34

PLAINTIFFS' EXHIBITS filed by Intervenor Defendants Army Reserve Association, Association of the U.S. Navy, Fleet Reserve Association, Marine Corps League, Military Officers Association of America, Military Order of the World Wars, National Association for Uniformed Services, National Defense Committee, National Guard Association of the United States, Non Commissioned Officers Association of the USA, Reserve Officers Association, Special Forces Association, U.S. Army Ranger Association, Inc., Plaintiff Democratic National Commitee and Defendant Jon Husted. (Attachments: # 1 Plaintiff's Exhibit 1, # 2 Plaintiff's Exhibit 1-part 2, # 3 Plaintiff's Exhibit 1-part 3, # 4 Plaintiff's Exhibit 2, # 5 Plaintiff's Exhibit 3, # 6 Plaintiff's Exhibit 4, # 7 Plaintiff's Exhibit 5, # 8 Plaintiff's Exhibit 6, # 9 Plaintiff's Exhibit 6-part 2, # 10 Plaintiff's Exhibit 6-part 3, # 11 Plaintiff's Exhibit 7, # 12 Plaintiff's Exhibit 8, # 13 Plaintiff's Exhibit 9, # 14 Plaintiff's Exhibit 10, # 15 Plaintiff's Exhibit 11, # 16 Plaintiff's Exhibit 12, # 17 Plaintiff's Exhibit 13, # 18 Plaintiff's Exhibit 14, # 19 Plaintiff's Exhibit 15, # 20 Plaintiff's Exhibit 16, # 21 Plaintiff's Exhibit 17, # 22 Plaintiff's Exhibit 18, # 23 Plaintiff's Exhibit 19, # 24 Plaintiff's Exhibit 20, # 25 Plaintiff's Exhibit 21, # 26 Plaintiff's Exhibit 22, # 27 Plaintiff's Exhibit 23, # 28 Plaintiff's Exhibit 24, # 29 Plaintiff's Exhibit 25, # 30 Plaintiff's Exhibit 26, # 31 Plaintiff's Exhibit 27, # 32 Plaintiff's Exhibit 28, # 33 Plaintiff's Exhibit 29, # 34 Plaintiff's Exhibit 30, # 35 Plaintiff's Exhibit 31, # 36 Plaintiff's Exhibit 32, # 37 Plaintiff's Exhibit 33, # 38 Plaintiff's Exhibit 34, # 39 Plaintiff's Exhibit 35, # 40 Plaintiff's Exhibit 36, # 41 Plaintiff's Exhibit 37, # 42 Plaintiff's Exhibit 38) (er1) Modified file date on 8/14/2012 (er1). (Entered: 08/14/2012)

1 Plaintiff's Exhibit 1

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2 Plaintiff's Exhibit 1-part 2

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3 Plaintiff's Exhibit 1-part 3

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4 Plaintiff's Exhibit 2

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5 Plaintiff's Exhibit 3

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6 Plaintiff's Exhibit 4

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7 Plaintiff's Exhibit 5

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8 Plaintiff's Exhibit 6

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9 Plaintiff's Exhibit 6-part 2

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10 Plaintiff's Exhibit 6-part 3

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11 Plaintiff's Exhibit 7

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12 Plaintiff's Exhibit 8

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13 Plaintiff's Exhibit 9

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14 Plaintiff's Exhibit 10

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15 Plaintiff's Exhibit 11

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16 Plaintiff's Exhibit 12

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17 Plaintiff's Exhibit 13

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18 Plaintiff's Exhibit 14

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19 Plaintiff's Exhibit 15

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20 Plaintiff's Exhibit 16

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21 Plaintiff's Exhibit 17

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22 Plaintiff's Exhibit 18

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23 Plaintiff's Exhibit 19

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24 Plaintiff's Exhibit 20

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25 Plaintiff's Exhibit 21

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26 Plaintiff's Exhibit 22

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27 Plaintiff's Exhibit 23

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28 Plaintiff's Exhibit 24

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29 Plaintiff's Exhibit 25

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30 Plaintiff's Exhibit 26

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31 Plaintiff's Exhibit 27

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32 Plaintiff's Exhibit 28

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33 Plaintiff's Exhibit 29

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34 Plaintiff's Exhibit 30

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35 Plaintiff's Exhibit 31

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36 Plaintiff's Exhibit 32

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37 Plaintiff's Exhibit 33

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38 Plaintiff's Exhibit 34

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39 Plaintiff's Exhibit 35

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40 Plaintiff's Exhibit 36

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41 Plaintiff's Exhibit 37

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42 Plaintiff's Exhibit 38

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Aug. 13, 2012

Aug. 13, 2012

PACER
35

DEFENDANTS' EXHIBITS by Intervenor Defendants AMVETS, Army Reserve Association, Association of the U.S. Navy, Fleet Reserve Association, Marine Corps League, Military Officers Association of America, Military Order of the World Wars, National Association for Uniformed Services, National Defense Committee, National Guard Association of the United States, Non Commissioned Officers Association of the USA, Reserve Officers Association, Special Forces Association, U.S. Army Ranger Association, Inc., Plaintiffs Democratic National Commitee, Obama for America, Ohio Democratic Party and Defendant Jon Husted. (Attachments: # 1 Defendant's Exhibit 1, # 2 Defendant's Exhibit 2, # 3 Defendant's Exhibit 3, # 4 Defendant's Exhibit 4, # 5 Defendant's Exhibit 5- part 1, # 6 Defendant's Exhibit 5- part 2, # 7 Defendant's Exhibit 6, # 8 Defendant's Exhibit 7, # 9 Defendant's Exhibit 8, # 10 Defendant's Exhibit 9, # 11 Defendant's Exhibit 10, # 12 Defendant's Exhibit 11) (er1) Modified file date on 8/14/2012 (er1). (Entered: 08/14/2012)

1 Defendant's Exhibit 1

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2 Defendant's Exhibit 2

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3 Defendant's Exhibit 3

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4 Defendant's Exhibit 4

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5 Defendant's Exhibit 5- part 1

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6 Defendant's Exhibit 5- part 2

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7 Defendant's Exhibit 6

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8 Defendant's Exhibit 7

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9 Defendant's Exhibit 8

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10 Defendant's Exhibit 9

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11 Defendant's Exhibit 10

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12 Defendant's Exhibit 11

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Aug. 13, 2012

Aug. 13, 2012

PACER
26

NOTICE by Defendant Mike DeWine of Substitution of Counsel (Sferra, Anne) (Entered: 08/14/2012)

Aug. 14, 2012

Aug. 14, 2012

PACER
36

ORDER granting 31, 32 and 33 Motions for leave to appear pro hac vice of William S Consovoy, Elbert Lin and Brendan J. Morrissey on behalf of defendant Secretary of State Jon Husted. Signed by Magistrate Judge Norah McCann King on 8/14/12. (rew) (Entered: 08/14/2012)

Aug. 14, 2012

Aug. 14, 2012

PACER
27

MOTION for Leave to Appear Pro Hac Vice of Brendan J. Morrissey (Filing fee $ 200) by Defendant Mike DeWine. (Sferra, Anne) (Entered: 08/14/2012)

Aug. 14, 2012

Aug. 14, 2012

PACER
28

MOTION for Leave to Appear Pro Hac Vice of William S. Consovoy (Filing fee $ 200) by Defendant Mike DeWine. (Sferra, Anne) (Entered: 08/14/2012)

Aug. 14, 2012

Aug. 14, 2012

PACER
29

MOTION for Leave to Appear Pro Hac Vice of Elbert Lin (Filing fee $ 200) by Defendant Mike DeWine. (Sferra, Anne) (Entered: 08/14/2012)

Aug. 14, 2012

Aug. 14, 2012

PACER
30

ORDER denying without prejudice 27 28 & 29 Motions for Leave to Appear Pro Hac Vice of Brendan J. Morrissey, William S. Consovoy & Elbert Lin. Signed by Magistrate Judge Norah McCann King on 8/14/2012. (kjm1) (Entered: 08/14/2012)

Aug. 14, 2012

Aug. 14, 2012

PACER
31

MOTION for Leave to Appear Pro Hac Vice of William S. Consovoy (Filing fee $ 200) by Defendant Mike DeWine. (Sferra, Anne) (Entered: 08/14/2012)

Aug. 14, 2012

Aug. 14, 2012

PACER
32

MOTION for Leave to Appear Pro Hac Vice of Elbert Lin (Filing fee $ 200) by Defendant Mike DeWine. (Sferra, Anne) (Entered: 08/14/2012)

Aug. 14, 2012

Aug. 14, 2012

PACER
33

MOTION for Leave to Appear Pro Hac Vice of Brendan J. Morrissey (Filing fee $ 200) by Defendant Mike DeWine. (Sferra, Anne) (Entered: 08/14/2012)

Aug. 14, 2012

Aug. 14, 2012

PACER
37

MOTION for Leave to File Amicus Brief Concerning Budgetary Implications by Defendant County of Cuyahoga, Ohio, Amicus County of Cuyahoga. (Makhlouf, Majeed) (Entered: 08/15/2012)

Aug. 15, 2012

Aug. 15, 2012

PACER
38

BRIEF re 37 MOTION for Leave to File Amicus Brief Concerning Budgetary Implications by Amicus County of Cuyahoga. (Attachments: # 1 Exhibit Ex. A, Resolution R2011-0291, Cuyahoga County's Biennial Budget) (Makhlouf, Majeed) (Entered: 08/15/2012)

1 Exhibit Ex. A, Resolution R2011-0291, Cuyahoga County's Biennial Budget

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Aug. 15, 2012

Aug. 15, 2012

PACER
39

ORDER granting 37 Motion for Leave to File to file an amicus brief. In addition, the Court deems the amicus brief (doc. 38 ) to be filed instanter. Signed by Senior Judge Peter C Economus on 8/15/12. (jr1) (Entered: 08/15/2012)

Aug. 15, 2012

Aug. 15, 2012

PACER
40

NOTICE by Defendants Mike DeWine, Jon Husted (Attachments: # 1 Exhibit Secretary of State Directive 2012-35) (Coglianese, Richard) (Entered: 08/15/2012)

1 Exhibit Secretary of State Directive 2012-35

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Aug. 15, 2012

Aug. 15, 2012

PACER
41

Minute Entry for proceedings held before Senior Judge Peter C Economus: Motion Hearing held on 8/16/2012 re 2 MOTION for Preliminary Injunction filed by Democratic National Commitee, Ohio Democratic Party, Obama for America. (Court Reporter Gina Wells.) (jr1) (Entered: 08/16/2012)

Aug. 16, 2012

Aug. 16, 2012

PACER
42

Supplemental Memorandum Supporting re 2 MOTION for Preliminary Injunction filed by Plaintiffs Democratic National Commitee, Obama for America, Ohio Democratic Party. (Attachments: # 1 Exhibit Secretary of State Directive 2008-19, # 2 Exhibit Ohio Secretary of State Directive 2010-68, # 3 Exhibit Portions of Ohio House Bill 295, # 4 Exhibit Portions of Franklin Cty Bd of Elections Election Administration Plan, # 5 Exhibit Statements of Secretary Husted Concerning Removal of HB 194 Referendum from Ballot) (McGinnis, Mark) (Entered: 08/16/2012)

1 Exhibit Secretary of State Directive 2008-19

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2 Exhibit Ohio Secretary of State Directive 2010-68

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3 Exhibit Portions of Ohio House Bill 295

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4 Exhibit Portions of Franklin Cty Bd of Elections Election Administration Plan

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5 Exhibit Statements of Secretary Husted Concerning Removal of HB 194 Referendum f

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Aug. 16, 2012

Aug. 16, 2012

PACER
43

Transcript of Proceedings of Oral Arguments on Preliminary Injunction held on August 15, 2012 before Judge Peter C Economus. Court Reporter/Transcriber Georgina L Wells, Telephone number 614-719-3225. 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. NOTICE RE: REDACTION OF TRANSCRIPTS: Within 5 business days of this filing, each party shall inform the Court, by filing a Notice of Redaction, of the party's intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy is located on our website at www.ohsd.uscourts.gov (Forms - Electronic Availability of Transcripts). Please read this policy carefully. For a complete copy of a transcript, please contact the Court Reporter or the Clerk's Office. Redaction Request due 9/7/2012. Redacted Transcript Deadline set for 9/17/2012. Release of Transcript Restriction set for 11/15/2012. (kk2) (Entered: 08/17/2012)

Aug. 17, 2012

Aug. 17, 2012

PACER
44

Reply re 42 Supplemental - Supporting,, Defendants' Response to Plaintiffs' Supplemental Memorandum by Defendants Mike DeWine, Jon Husted. (Coglianese, Richard) (Entered: 08/17/2012)

Aug. 17, 2012

Aug. 17, 2012

PACER
45

NOTICE by Plaintiffs Democratic National Commitee, Obama for America, Ohio Democratic Party OF FURTHER DEVELOPMENTS (Attachments: # 1 Exhibit Suspension and Hearing Letter, # 2 Exhibit Tie Vite Decision of August 17, 2012) (McGinnis, Mark) (Entered: 08/19/2012)

1 Exhibit Suspension and Hearing Letter

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2 Exhibit Tie Vite Decision of August 17, 2012

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Aug. 19, 2012

Aug. 19, 2012

PACER
46

NOTICE by Plaintiffs Democratic National Commitee, Obama for America, Ohio Democratic Party, CORRECTED NOTICE OF PLAINTIFFS OF FURTHER DEVELOPMENTS (Attachments: # 1 Exhibit Suspension and Hearing Letter, # 2 Exhibit Tie Vote Decision of August 17, 2012) (McGinnis, Mark) (Entered: 08/19/2012)

1 Exhibit Suspension and Hearing Letter

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2 Exhibit Tie Vote Decision of August 17, 2012

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Aug. 19, 2012

Aug. 19, 2012

PACER
47

NOTICE of Appearance by James M Dickerson, Jr for Intervenor Defendants AMVETS, Army Reserve Association, Association of the U.S. Navy, Fleet Reserve Association, Marine Corps League, Military Officers Association of America, Military Order of the World Wars, National Association for Uniformed Services, National Defense Committee, National Guard Association of the United States, Non Commissioned Officers Association of the USA, Reserve Officers Association, Special Forces Association, U.S. Army Ranger Association, Inc., Intervenor Association of the U.S. Army (Dickerson, James) (Entered: 08/30/2012)

Aug. 30, 2012

Aug. 30, 2012

PACER
48

OPINION AND ORDER ON PRELIMINARY INJUNCTION. This Court hereby GRANTS Plaintiffs Obama for America, Democratic National Party, and Ohio Democratic Party's Motion for Preliminary Injunction. (Doc. # 2 .) This Court HEREBY ORDERS that the State of Ohio through Defendant Secretary of State Jon Husted IS ENJOINED from implementing or enforcing Ohio Revised Code § 3509.03 in Amended Substitute House Bill 224 and/or the Substitute Senate Bill 295 enactment of Ohio Revised Code § 3509.03 with the Amended Substitute House Bill 224 amendments; and IT IS FURTHER ORDERED that in-person early voting IS RESTORED on the three days immediately preceding Election Day for all eligible Ohio voters. Signed by Senior Judge Peter C Economus on 8/31/12. (jr1) (Entered: 08/31/2012)

Aug. 31, 2012

Aug. 31, 2012

Clearinghouse
49

NOTICE OF APPEAL as to 48 Memorandum & Opinion, Terminate Motions,,,,,, by Defendants Mike DeWine, Jon Husted. Filing fee $ 455. (Coglianese, Richard) (Entered: 09/04/2012)

Sept. 4, 2012

Sept. 4, 2012

PACER
50

Emergency MOTION to Enforce Judgment by Plaintiffs Democratic National Commitee, Obama for America, Ohio Democratic Party. (Attachments: # 1 Exhibit Directive 2012-40) (McGinnis, Mark) (Entered: 09/05/2012)

1 Exhibit Directive 2012-40

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Sept. 5, 2012

Sept. 5, 2012

Clearinghouse
51

ORDER of USCA as to 49 Notice of Appeal filed by Mike DeWine, Jon Husted. It is ORDERED that this appeal be, and it hereby is, expedited for briefing and submission. No extensions of time will be granted absent extraordinary circumstances. (sr1) (Entered: 09/05/2012)

Sept. 5, 2012

Sept. 5, 2012

PACER
52

NOTICE of Hearing on Motion 50 Emergency MOTION to Enforce Judgment : Motion Hearing set for 9/13/2012 @ 10:00 AM before Senior Judge Peter C Economus. The Court ORDERS that Defendant Secretary of State Jon Husted personally attend the hearing. (jr1) (Entered: 09/05/2012)

Sept. 5, 2012

Sept. 5, 2012

RECAP
53

NOTICE OF APPEAL by Intervenor Defendants AMVETS, Army Reserve Association, Association of the U.S. Navy, Fleet Reserve Association, Marine Corps League, Military Officers Association of America, Military Order of the World Wars, National Association for Uniformed Services, National Defense Committee, National Guard Association of the United States, Non Commissioned Officers Association of the USA, Reserve Officers Association, Special Forces Association, U.S. Army Ranger Association, Inc., Intervenor Association of the U.S. Army. Filing fee $ 455, receipt number 0648-3789509. (Dickerson, James) (Entered: 09/07/2012)

Sept. 7, 2012

Sept. 7, 2012

PACER
54

RESPONSE to Motion re 50 Emergency MOTION to Enforce Judgment and Motion for Stay filed by Defendant Jon Husted. (Attachments: # 1 Exhibit 1) (Consovoy, William) (Entered: 09/07/2012)

1 Exhibit 1

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Sept. 7, 2012

Sept. 7, 2012

PACER
55

ORDER - Plaintiffs' response to the Motion for Stay filed by Defendant Husted due by 4:00 pm on 9/10/12. Signed by Senior Judge Peter C Economus on 9/7/12. (jr1) (Entered: 09/07/2012)

Sept. 7, 2012

Sept. 7, 2012

PACER
56

ORDER - This Court hereby VACATES the Thursday, September 13, 2012 hearing. Signed by Senior Judge Peter C Economus on 9/10/12. (jcw1) Modified on 9/10/2012 to correct the hearing date that is being vacated and to attach the correct order (jcw1). (Entered: 09/10/2012)

Sept. 10, 2012

Sept. 10, 2012

PACER
57

RESPONSE to Motion re 50 Emergency MOTION to Enforce Judgment filed by Plaintiffs Democratic National Commitee, Obama for America, Ohio Democratic Party. (Attachments: # 1 Exhibit Mahoning County Press Release, # 2 Exhibit Franklin County Commissioners' letter) (Colombo, John) (Entered: 09/10/2012)

1 Exhibit Mahoning County Press Release

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2 Exhibit Franklin County Commissioners' letter

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Sept. 10, 2012

Sept. 10, 2012

PACER
58

NOTICE by Intervenor Defendants AMVETS, Army Reserve Association, Association of the U.S. Navy, Fleet Reserve Association, Marine Corps League, Military Officers Association of America, Military Order of the World Wars, National Association for Uniformed Services, National Defense Committee, National Guard Association of the United States, Non Commissioned Officers Association of the USA, Reserve Officers Association, Special Forces Association, U.S. Army Ranger Association, Inc., Intervenor Association of the U.S. Army of Withdrawal of Counsel (Shook, Kevin) (Entered: 09/11/2012)

Sept. 11, 2012

Sept. 11, 2012

PACER
59

ORDER of USCA as to 53 Notice of Appeal - It is ORDERED that this appeal is expedited for briefing and submission. (jr1) (Entered: 09/11/2012)

Sept. 11, 2012

Sept. 11, 2012

PACER
60

ORDER denying 54 Motion for Stay filed by Jon Husted. Signed by Senior Judge Peter C Economus on 9/12/12. (jr1) (Entered: 09/12/2012)

Sept. 12, 2012

Sept. 12, 2012

RECAP
61

MOTION for Extension of Time to File Answer re 1 Complaint New date requested 10/22/2012. by Defendants Mike DeWine, Jon Husted. (Attachments: # 1 Text of Proposed Order Proposed Order) (Consovoy, William) (Entered: 09/14/2012)

1 Text of Proposed Order Proposed Order

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Sept. 14, 2012

Sept. 14, 2012

PACER
62

ORDER granting 61 MOTION for Extension of Time to File Answer re 1 Complaint. Signed by Senior Judge Peter C Economus on 9/17/12. (jr1) (Entered: 09/17/2012)

Sept. 17, 2012

Sept. 17, 2012

PACER
63

ORDER of USCA as to 49 & 53 Notice of Appeal - It is ORDERED that the motions to file briefs of Amici Curiae are GRANTED. (jr1) (Entered: 10/01/2012)

Oct. 1, 2012

Oct. 1, 2012

PACER
64

ORDER of USCA as to 49 & 53 Notice of Appeals: The Sixth Circuit AFFIRMS the District Court's order granting a preliminary injunction. (er1) (Entered: 10/09/2012)

Oct. 9, 2012

Oct. 9, 2012

PACER
65

Letter from USCA to all listed attorney's in USCA order 64 re: Case Nos. 12-4055/12-4076 to correct two (2) pages from the decision originally sent on 10/05/2012. (sr) (Entered: 10/10/2012)

Oct. 10, 2012

Oct. 10, 2012

PACER
66

U.S. Supreme Court Order: re: USCA Appeals 12-4055 & 12-4076 (49 and 53). The application for stay presented to Justice Kagan and by her referred to the court is denied. (sr1) (Entered: 10/26/2012)

Oct. 26, 2012

Oct. 26, 2012

PACER
67

MANDATE of USCA as to 49 Notice of Appeal filed by Mike DeWine, Jon Husted, 53 Notice of Appeal,, filed by Military Order of the World Wars, Military Officers Association of America, AMVETS, National Defense Committee, Special Forces Association, Association of the U.S. Army, Army Reserve Association, Association of the U.S. Navy, National Guard Association of the United States, Reserve Officers Association, National Association for Uniformed Services, Fleet Reserve Association, U.S. Army Ranger Association, Inc., Marine Corps League, Non Commissioned Officers Association of the USA. (sr1) (Entered: 10/31/2012)

Oct. 31, 2012

Oct. 31, 2012

PACER
68

MOTION for Extension of Time New date requested 12/3/2012. [Consent Motion for Extension of Time to File a Response to the Plaintiffs' Complaint] by Defendants Mike DeWine, Jon Husted, Intervenor Defendants Marine Corps League, Military Officers Association of America, Military Order of the World Wars, National Association for Uniformed Services, National Defense Committee, National Guard Association of the United States, Non Commissioned Officers Association of the USA, Reserve Officers Association, Special Forces Association, U.S. Army Ranger Association, Inc.. (Coglianese, Richard) (Entered: 11/02/2012)

Nov. 2, 2012

Nov. 2, 2012

PACER
69

MOTION for Extension of Time New date requested 12/3/2012. [Corrected Consent Motion for Extension of Time to File a Response to the Plaintiffs' Complaint by Intervenor Defendants AMVETS, Army Reserve Association, Association of the U.S. Navy, Fleet Reserve Association, Marine Corps League, Military Officers Association of America, Military Order of the World Wars, National Association for Uniformed Services, National Defense Committee, National Guard Association of the United States, Non Commissioned Officers Association of the USA, Reserve Officers Association, Special Forces Association, U.S. Army Ranger Association, Inc., Intervenor Association of the U.S. Army, Defendants Mike DeWine, Jon Husted. (Coglianese, Richard) (Entered: 11/06/2012)

Nov. 6, 2012

Nov. 6, 2012

PACER
70

ORDER granting 69 Motion for Extension of Time to file a response to the complaint - ext to 12/3/12. Signed by Senior Judge Peter C Economus on 11/6/12. (jr1) (Entered: 11/06/2012)

Nov. 6, 2012

Nov. 6, 2012

PACER
71

NOTICE by Defendant Jon Husted of Substitution of Counsel (Coglianese, Richard) (Entered: 12/03/2012)

Dec. 3, 2012

Dec. 3, 2012

PACER
72

Joint ANSWER to 1 Complaint filed by Mike DeWine, Jon Husted. (Coglianese, Richard) (Entered: 12/03/2012)

Dec. 3, 2012

Dec. 3, 2012

PACER
73

NOTICE of Hearing: Preliminary Pretrial Conference set for 2/6/2013 @ 1:45 PM in Chambers before Magistrate Judge Norah McCann King. (kjm1) (Entered: 12/05/2012)

Dec. 5, 2012

Dec. 5, 2012

PACER
74

NOTICE of Change of Address by James M Dickerson, Jr (Dickerson, James) (Entered: 12/10/2012)

Dec. 10, 2012

Dec. 10, 2012

PACER
75

NOTICE by Intervenor Defendants AMVETS, Army Reserve Association, Association of the U.S. Navy, Fleet Reserve Association, Marine Corps League, Military Officers Association of America, Military Order of the World Wars, National Association for Uniformed Services, National Defense Committee, National Guard Association of the United States, Non Commissioned Officers Association of the USA, Reserve Officers Association, Special Forces Association, U.S. Army Ranger Association, Inc., Intervenor Association of the U.S. Army re 8 MOTION to Dismiss OF WITHDRAWAL OF MOTION TO DISMISS (Dickerson, James) (Entered: 12/10/2012)

Dec. 10, 2012

Dec. 10, 2012

PACER
76

NOTICE by Defendants Mike DeWine, Jon Husted of Withdrawal of Counsel for Defendants Mike DeWine and Jon Husted (Schuler, Michael) (Entered: 12/21/2012)

Dec. 21, 2012

Dec. 21, 2012

PACER
77

Joint MOTION to Continue the Filing of the Fed. R. Civ. P. 26(F) Report and Case Management Conference by Defendants Mike DeWine, Jon Husted. (Coglianese, Richard) (Entered: 01/29/2013)

Jan. 29, 2013

Jan. 29, 2013

PACER
78

NOTICE of HEARING CHANGE: The Preliminary Pretrial scheduled on 2/6/2013 is VACATED and RESCHEDULED on 2/21/13 @ 2:15 p.m. in chambers before Magistrate Judge Norah McCann King. The Rule 26(f) Report shall be filed no later than 2/14/2013. (kjm1) (Entered: 01/30/2013)

Jan. 30, 2013

Jan. 30, 2013

PACER
79

RULE 26(f) REPORT OF THE PARTIES by Plaintiffs Democratic National Commitee, Obama for America, Ohio Democratic Party. (McGinnis, Mark) (Entered: 02/14/2013)

Feb. 14, 2013

Feb. 14, 2013

PACER
80

PRELIMINARY PRETRIAL ORDER: Motions to Amend due by 3/31/2013. Rule 26(a)(1) Disclosures due by 3/31/2013. Primary Expert due by 10/31/2013. Rebuttal Expert due by 11/30/2013. Discovery due by 12/31/2013. Dispositive motions due by 1/31/2014. Final Pretrial Conference ready by 5/2014. Signed by Magistrate Judge Norah McCann King on 2/21/2013. (pes1) Removed an event on 2/26/2013 (er1). (Entered: 02/21/2013)

Feb. 21, 2013

Feb. 21, 2013

Clearinghouse
81

Notice of Hearing

March 11, 2014

March 11, 2014

PACER
82

Preliminary Pretrial Order

March 19, 2014

March 19, 2014

PACER
83

Notice of Hearing

March 20, 2014

March 20, 2014

RECAP
84

Motion for Summary Judgment

1 Exhibit

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2 Text of Proposed Order

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May 1, 2014

May 1, 2014

PACER
85

Motion to Withdraw as Attorney

1 Text of Proposed Order

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May 9, 2014

May 9, 2014

PACER
86

Order on Motion to Withdraw as Attorney

May 9, 2014

May 9, 2014

PACER
87

Response to Motion

1 Exhibit

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2 Exhibit

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May 9, 2014

May 9, 2014

PACER
88

Reply to Response to Motion

May 16, 2014

May 16, 2014

PACER
89

MEMORANDUM OPINION AND ORDER granting 84 Motion for Summary Judgment. Signed by Senior Judge Peter C Economus on 6/11/2014. (ds) Modified on 6/11/2014 (ds).

June 11, 2014

June 11, 2014

RECAP
90

Judgment

June 11, 2014

June 11, 2014

RECAP

Case Details

State / Territory: Ohio

Case Type(s):

Election/Voting Rights

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: July 17, 2012

Closing Date: 2014

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Obama campaign, the Democratic National Committee, and the Ohio Democratic Party

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Perkins Coie

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Ohio Secretary of State, State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Declaratory Judgment Act, 28 U.S.C. § 2201

Constitutional Clause(s):

Equal Protection

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Order Duration: 2012 - 0

Content of Injunction:

Discrimination Prohibition

Preliminary relief granted

Issues

General:

Voting

Voting access

Voting:

Election administration

Vote dilution