Case: Service Employees International Union, Local #1 v. Husted

2:12-cv-00562 | U.S. District Court for the Southern District of Ohio

Filed Date: June 22, 2012

Closed Date: 2016

Clearinghouse coding complete

Case Summary

This litigation involves two related cases filed in the U.S. District Court for the Southern District of Ohio. The lead case was filed on June 22, 2012, by a number of unions, including Service Employees International Union Local 1 (SEIU), against the State of Ohio challenging several provisions of Ohio's election code. The related case, Ne. Ohio Coal. for the Homeless v. Husted, had been filed in 2006 by the Northeast Ohio Coalition for the Homeless (NEOCH) and others, challenging numerous pro…

Specifically, the NEOCH Plaintiffs alleged that Ohio's amended voter identification requirements violated the Equal Protection and Due Process Clauses of the Fourteenth Amendment. The NEOCH lawsuit was partially resolved by an April 2010 Consent Decree, which barred rejection of a provisional ballot cast by a voter who uses only the last four digits of his or her social security number as identification (SSN-voters), if poll-worker error was the source of certain deficiencies in the ballot, including being cast in the wrong precinct though in the correct polling place. Early in 2012, the State sought to vacate the NEOCH Decree's terms. However, plaintiffs objected and the Court upheld the validity of the Decree. NEOCH, No. 06-CV-896, 2012 U.S. Dist. LEXIS 94086 (S.D. Ohio July 9, 2012). During the pendency of the Defendants' request to vacate the decree, on June 20, 2012, the NEOCH plaintiffs filed a motion to modify the Decree. On June 22, 2012, numerous organizations filed the SEIU litigation, seeking a statewide injunction requiring that registered voters' provisional ballots which are cast in the wrong precinct, or cast with technically deficient ballot envelopes, still be counted unless the poll worker who processed the deficient ballot affirms that the ballot deficiency is not the result of poll-worker error. The SEIU plaintiffs, here, simultaneously sought a preliminary injunction. The complaint alleged, inter alia, violations of the Equal Protection and Due Process Clauses.

Ohio's complex voter identification requirements, provide thirteen different statutory reasons why an individual will be required to cast a provisional ballot on election day. See Ohio Rev. Code § 3505.181(A)(1)-(13). The result is a high rate of Ohio voters forced to cast provisional ballots rather than normal ballots--around three times the national average. The Ohio Supreme Court held in 2011 that provisional ballots cast in the wrong precinct must be summarily disqualified, even if the voter was not at fault, and even if the Board determines that the voter is lawfully registered to vote. State ex rel. Painter v. Brunner, 941 N.E.2d 782, 794 (Ohio 2011). The current application of Ohio law voids the vote even of a person directed to the wrong precinct by a poll worker.

The district court (Judge Algenon Marbley) held a hearing on SEIU's request for a preliminary injunction on June 30, 2012. On August 27, 2012, the court ruled in favor of the plaintiffs, and entered a preliminary injunction instructing the state to count provisional ballots that, due to poll-worker error, were cast (1) in the wrong precinct but correct polling place, or (2) with nonconforming or incomplete ballot affirmation. The district court relied heavily on an earlier 6th Circuit case, in which the Court of Appeals had upheld a preliminary injunction ordering the counting of provisional ballots that investigation had revealed were cast in the wrong precinct due to poll-worker error. Hunter v. Hamilton Cnty. Bd. of Elections, 635 F.3d 219 (6th Cir. 2011). The State appealed.

On October 11, 2012, the Sixth Circuit affirmed the preliminary injunction as to the provisional ballots cast at the right polling place but the wrong precinct, but reversed on the smaller issue of the provisional ballots whose voter's affirmation was somehow deficient. Ohio Coal. for Homeless v. Husted, 696 F.3d 580 (6th Cir. 2012). It remanded the case to address the plaintiffs' motion to modify the consent decree in light of the equal protection issues created by the decree's provision for the counting of deficient-affirmation ballots by SSN-4 voters

On October 26, 2012, District Court Judge Marbly granted plaintiffs' motion to modify the consent decree and order county boards of elections to count all provisional ballots cast in the wrong precinct, irrespective of whether they are cast in the correct polling place or an incorrect polling place. Serv. Employees Int'l Union, Local 1 v. Husted, 906 F. Supp. 2d 745 (S.D. Ohio 2012). The court further stated that to treat deficient affirmation ballots differently for SSN-4 voters would deny equal protection to those provisional voters using alternative forms of identification. On November 13, the District Court entered an order clarifying this ruling.

On January 14, 2014, the parties entered into a confidential agreement that would lead to a complete settlement if the court were to vacate its clarifying ruling made on November 13, 2012. The District Court vacated the clarifying order on February 7, 2014. On September 29, 2014, the District Court granted with modification plaintiffs' motion for attorney fees. This was appealed to the 6th Circuit, which affirmed in part, vacated in part, and remanded the matter for further consideration of select issues on August 1st, 2016. 2016 WL 4073489.

Judge Marbly awarded attorneys fees of $2,618,140.78 to the plaintiffs on October 12, 2016, settling and mooting any pending motions. The case is now closed.

	Document
2:12-cv-00562	Docket [PACER] Service Employees International Union Local 1 v. Jon Husted	July 1, 2017	July 1, 2017 Docket
1 2:12-cv-00562	Complaint for Declaratory Relief and Injunctive Relief: Class Action SEIU v. Husted	June 22, 2012	June 22, 2012 Complaint
4 2:12-cv-00562	Plaintiffs' Motion for Preliminary Injunction; Memorandum of Law in Support of Plaintiffs' Motion for Preliminary Injunction [and Supporting Declarations] SEIU v. Husted	June 22, 2012	June 22, 2012 Pleading / Motion / Brief
16 2:12-cv-00562	Order Relating Cases and Appearance of New Counsel SEIU v. Husted	June 26, 2012	June 26, 2012 Order/Opinion
25 2:12-cv-00562	Plaintiffs' Motion for Certification of Defendant Class; Memorandum of Law in Support of Plaintiff's Motion for Certification of Defendant Class SEIU v. Husted	June 29, 2012	June 29, 2012 Pleading / Motion / Brief
32 2:12-cv-00562	First Amended Complaint for Declaratory Relief and Injunctive Relief SEIU v. Husted	July 13, 2012	July 13, 2012 Complaint
63 2:12-cv-00562	Second Amended Complaint for Declaratory and Injunctive Relief SEIU v. Husted	July 24, 2012	July 24, 2012 Complaint
67 2:12-cv-00562 2:06-cv-00896	Plenary Opinion and Order SEIU v. Husted	Aug. 27, 2012	Aug. 27, 2012 Order/Opinion 887 F.Supp.2d 887
12-03916 12-04069	Appeal from the United States District Court for the Southern District of Ohio at Columbus U.S. Court of Appeals for the Sixth Circuit	Oct. 11, 2012	Oct. 11, 2012 Order/Opinion 696 F.3d 696
82 2:12-cv-00562	Opinion [Appeal from the United States District Court for the Southern District of Ohio at Columbus] SEIU v. Husted U.S. Court of Appeals for the Sixth Circuit	Oct. 11, 2012	Oct. 11, 2012 Order/Opinion

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT for Declaratory and Injunctive Relief against Timothy Burke, JON HUSTED, Jeff Hastings, Douglas Preisse (Filing fee $ 350 paid), filed by International Union, United Automobile, Aerospace and Agricultural Implement Workers of America, Local 1005, United Steelworkers of America District 1, International Union, United Automobile, Aerospace and Agricultural Implement Workers of America, Local 863, Service Employees International Union Local 1, Ohio Organizing Collaborative. [ELECTION ISSUE(S) CITED] (Attachments: # 1 Civil Cover Sheet) (Hunter, Michael) (Entered: 06/22/2012) 1 Civil Cover Sheet View on PACER	June 22, 2012	June 22, 2012 PACER
2	NOTICE by Plaintiffs International Union, United Automobile, Aerospace and Agricultural Implement Workers of America, Local 1005, International Union, United Automobile, Aerospace and Agricultural Implement Workers of America, Local 863, Ohio Organizing Collaborative, Service Employees International Union Local 1, United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union re 1 Complaint,, of Related Cases (Hunter, Michael) (Entered: 06/22/2012)	June 22, 2012	June 22, 2012 RECAP
3	NOTICE by Plaintiffs International Union, United Automobile, Aerospace and Agricultural Implement Workers of America, Local 1005, International Union, United Automobile, Aerospace and Agricultural Implement Workers of America, Local 863, Ohio Organizing Collaborative, Service Employees International Union Local 1, United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union re 1 Complaint,, of Service upon the Ohio Attorney General (Hunter, Michael) (Entered: 06/22/2012)	June 22, 2012	June 22, 2012 PACER
4	MOTION for Preliminary Injunction and Memorandum of Law in Support by Plaintiffs International Union, United Automobile, Aerospace and Agricultural Implement Workers of America, Local 1005, International Union, United Automobile, Aerospace and Agricultural Implement Workers of America, Local 863, Ohio Organizing Collaborative, Service Employees International Union Local 1, United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union. (Attachments: # 1 Text of Proposed Order, # 2 Declaration of Erin Kramer, # 3 Declaration of Karen Gasper, # 4 Declaration of Lance Wyatt, # 5 Declaration of Rick Lawwill, # 6 Declaration of Ronnie Wardup, # 7 Declaration of Steven Frammartino) (Hunter, Michael) (Entered: 06/22/2012) 1 Text of Proposed Order View on PACER 2 Declaration of Erin Kramer View on PACER 3 Declaration of Karen Gasper View on PACER 4 Declaration of Lance Wyatt View on PACER 5 Declaration of Rick Lawwill View on PACER 6 Declaration of Ronnie Wardup View on PACER 7 Declaration of Steven Frammartino View on PACER	June 22, 2012	June 22, 2012 PACER
5	MOTION for Leave to Appear Pro Hac Vice of Stephen P. Berzon, Stacey M. Leyton, Barbara J. Chisholm, and Danielle Leonard (Filing fee $ 800) by Plaintiffs International Union, United Automobile, Aerospace and Agricultural Implement Workers of America, Local 1005, International Union, United Automobile, Aerospace and Agricultural Implement Workers of America, Local 863, Ohio Organizing Collaborative, Service Employees International Union Local 1, United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union. (Attachments: # 1 Certificate of Good Standing Berzon, # 2 Certificate of Good Standing Leyton, # 3 Certificate of Good Standing Chisholm, # 4 Certificate of Good Standing Leonard) (Hunter, Michael) (Entered: 06/22/2012) 1 Certificate of Good Standing Berzon View on PACER 2 Certificate of Good Standing Leyton View on PACER 3 Certificate of Good Standing Chisholm View on PACER 4 Certificate of Good Standing Leonard View on PACER	June 22, 2012	June 22, 2012 PACER
6	MOTION for Leave to Appear Pro Hac Vice of Penda Hair, Donita Judge, and Uzoma Nkwonta (Filing fee $ 600) by Plaintiffs International Union, United Automobile, Aerospace and Agricultural Implement Workers of America, Local 1005, International Union, United Automobile, Aerospace and Agricultural Implement Workers of America, Local 863, Ohio Organizing Collaborative, Service Employees International Union Local 1, United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union. (Attachments: # 1 Certificate of Good Standing Hair, # 2 Certificate of Good Standing Judge, # 3 Certificate of Good Standing Nkwota) (Hunter, Michael) (Entered: 06/22/2012) 1 Certificate of Good Standing Hair View on PACER 2 Certificate of Good Standing Judge View on PACER 3 Certificate of Good Standing Nkwota View on PACER	June 22, 2012	June 22, 2012 PACER
7	AFFIDAVIT re 4 MOTION for Preliminary Injunction and Memorandum of Law in Support /Declaration of Caroline Gentry by Plaintiffs International Union, United Automobile, Aerospace and Agricultural Implement Workers of America, Local 1005, International Union, United Automobile, Aerospace and Agricultural Implement Workers of America, Local 863, Ohio Organizing Collaborative, Service Employees International Union Local 1, United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R, # 19 Exhibit S, # 20 Exhibit T, # 21 Exhibit U, # 22 Exhibit V, # 23 Exhibit W, # 24 Exhibit X, # 25 Exhibit Y, # 26 Exhibit Z, # 27 Exhibit AA, # 28 Exhibit BB, # 29 Exhibit CC, # 30 Exhibit DD, # 31 Exhibit EE, # 32 Exhibit FF, # 33 Exhibit GG, # 34 Exhibit HH, # 35 Exhibit II, # 36 Exhibit JJ, # 37 Exhibit KK, # 38 Exhibit LL, # 39 Exhibit MM, # 40 Exhibit NN, # 41 Exhibit OO, # 42 Exhibit PP) (Hunter, Michael) (Entered: 06/22/2012) 1 Exhibit A View on PACER 2 Exhibit B View on PACER 3 Exhibit C View on PACER 4 Exhibit D View on PACER 5 Exhibit E View on PACER 6 Exhibit F View on PACER 7 Exhibit G View on PACER 8 Exhibit H View on PACER 9 Exhibit I View on PACER 10 Exhibit J View on PACER 11 Exhibit K View on PACER 12 Exhibit L View on PACER 13 Exhibit M View on PACER 14 Exhibit N View on PACER 15 Exhibit O View on PACER 16 Exhibit P View on PACER 17 Exhibit Q View on PACER 18 Exhibit R View on PACER 19 Exhibit S View on PACER 20 Exhibit T View on PACER 21 Exhibit U View on PACER 22 Exhibit V View on PACER 23 Exhibit W View on PACER 24 Exhibit X View on PACER 25 Exhibit Y View on PACER 26 Exhibit Z View on PACER 27 Exhibit AA View on PACER 28 Exhibit BB View on PACER 29 Exhibit CC View on PACER 30 Exhibit DD View on PACER 31 Exhibit EE View on PACER 32 Exhibit FF View on PACER 33 Exhibit GG View on PACER 34 Exhibit HH View on PACER 35 Exhibit II View on PACER 36 Exhibit JJ View on PACER 37 Exhibit KK View on PACER 38 Exhibit LL View on PACER 39 Exhibit MM View on PACER 40 Exhibit NN View on PACER 41 Exhibit OO View on PACER 42 Exhibit PP View on PACER	June 22, 2012	June 22, 2012 RECAP
8	AFFIDAVIT re 4 MOTION for Preliminary Injunction and Memorandum of Law in Support /Declaration of Natalya DeRobertis-Theye by Plaintiffs International Union, United Automobile, Aerospace and Agricultural Implement Workers of America, Local 1005, International Union, United Automobile, Aerospace and Agricultural Implement Workers of America, Local 863, Ohio Organizing Collaborative, Service Employees International Union Local 1, United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union. (Attachments: # 1 Exhibit A, # 2 Exhibit B, PART 1, # 3 Exhibit B, PART 2, # 4 Exhibit B, PART 3, # 5 Exhibit B, PART 4, # 6 Exhibit B, PART 5, # 7 Exhibit B, PART 6) (Hunter, Michael) (Entered: 06/22/2012) 1 Exhibit A View on PACER 2 Exhibit B, PART 1 View on PACER 3 Exhibit B, PART 2 View on PACER 4 Exhibit B, PART 3 View on PACER 5 Exhibit B, PART 4 View on PACER 6 Exhibit B, PART 5 View on PACER 7 Exhibit B, PART 6 View on PACER	June 22, 2012	June 22, 2012 PACER
9	AFFIDAVIT re 4 MOTION for Preliminary Injunction and Memorandum of Law in Support /Declaration of David C. Kimball by Plaintiffs International Union, United Automobile, Aerospace and Agricultural Implement Workers of America, Local 1005, International Union, United Automobile, Aerospace and Agricultural Implement Workers of America, Local 863, Ohio Organizing Collaborative, Service Employees International Union Local 1, United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union. (Attachments: # 1 Exhibit A, # 2 Exhibit B) (Hunter, Michael) (Entered: 06/22/2012) 1 Exhibit A View on PACER 2 Exhibit B View on PACER	June 22, 2012	June 22, 2012 PACER
10	AFFIDAVIT re 4 MOTION for Preliminary Injunction and Memorandum of Law in Support /Declaration of Emma Kornetsky by Plaintiffs International Union, United Automobile, Aerospace and Agricultural Implement Workers of America, Local 1005, International Union, United Automobile, Aerospace and Agricultural Implement Workers of America, Local 863, Ohio Organizing Collaborative, Service Employees International Union Local 1, United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union. (Attachments: # 1 Exhibit A) (Hunter, Michael) (Entered: 06/22/2012) 1 Exhibit A View on PACER	June 22, 2012	June 22, 2012 PACER
11	AFFIDAVIT re 4 MOTION for Preliminary Injunction and Memorandum of Law in Support /Declaration of Don McTigue by Plaintiffs International Union, United Automobile, Aerospace and Agricultural Implement Workers of America, Local 1005, International Union, United Automobile, Aerospace and Agricultural Implement Workers of America, Local 863, Ohio Organizing Collaborative, Service Employees International Union Local 1, United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D) (Hunter, Michael) (Entered: 06/22/2012) 1 Exhibit A View on PACER 2 Exhibit B View on PACER 3 Exhibit C View on PACER 4 Exhibit D View on PACER	June 22, 2012	June 22, 2012 PACER
12	AFFIDAVIT re 4 MOTION for Preliminary Injunction and Memorandum of Law in Support /Declaration of Daniel Miller (Part 1) by Plaintiffs International Union, United Automobile, Aerospace and Agricultural Implement Workers of America, Local 1005, International Union, United Automobile, Aerospace and Agricultural Implement Workers of America, Local 863, Ohio Organizing Collaborative, Service Employees International Union Local 1, United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R, # 19 Exhibit S, # 20 Exhibit T, # 21 Exhibit U, # 22 Exhibit V, # 23 Exhibit W, # 24 Exhibit X, # 25 Exhibit Y, # 26 Exhibit Z, # 27 Exhibit AA, # 28 Exhibit BB, # 29 Exhibit CC, # 30 Exhibit DD, # 31 Exhibit EE, # 32 Exhibit FF, # 33 Exhibit GG, # 34 Exhibit HH, # 35 Exhibit II, # 36 Exhibit JJ, # 37 Exhibit KK, # 38 Exhibit LL, # 39 Exhibit MM, # 40 Exhibit NN, # 41 Exhibit OO, # 42 Exhibit PP, # 43 Exhibit QQ, # 44 Exhibit RR, # 45 Exhibit SS, # 46 Exhibit TT, # 47 Exhibit UU, # 48 Exhibit VV, # 49 Exhibit WW (PART1), # 50 Exhibit WW (PART2), # 51 Exhibit XX, # 52 Exhibit YY, # 53 Exhibit ZZ) (Hunter, Michael) (Entered: 06/22/2012) 1 Exhibit A View on PACER 2 Exhibit B View on PACER 3 Exhibit C View on PACER 4 Exhibit D View on PACER 5 Exhibit E View on PACER 6 Exhibit F View on PACER 7 Exhibit G View on PACER 8 Exhibit H View on PACER 9 Exhibit I View on PACER 10 Exhibit J View on PACER 11 Exhibit K View on PACER 12 Exhibit L View on PACER 13 Exhibit M View on PACER 14 Exhibit N View on PACER 15 Exhibit O View on PACER 16 Exhibit P View on PACER 17 Exhibit Q View on PACER 18 Exhibit R View on PACER 19 Exhibit S View on PACER 20 Exhibit T View on PACER 21 Exhibit U View on PACER 22 Exhibit V View on PACER 23 Exhibit W View on PACER 24 Exhibit X View on PACER 25 Exhibit Y View on PACER 26 Exhibit Z View on PACER 27 Exhibit AA View on PACER 28 Exhibit BB View on PACER 29 Exhibit CC View on PACER 30 Exhibit DD View on PACER 31 Exhibit EE View on PACER 32 Exhibit FF View on PACER 33 Exhibit GG View on PACER 34 Exhibit HH View on PACER 35 Exhibit II View on PACER 36 Exhibit JJ View on PACER 37 Exhibit KK View on PACER 38 Exhibit LL View on PACER 39 Exhibit MM View on PACER 40 Exhibit NN View on PACER 41 Exhibit OO View on PACER 42 Exhibit PP View on PACER 43 Exhibit QQ View on PACER 44 Exhibit RR View on PACER 45 Exhibit SS View on PACER 46 Exhibit TT View on PACER 47 Exhibit UU View on PACER 48 Exhibit VV View on PACER 49 Exhibit WW (PART1) View on PACER 50 Exhibit WW (PART2) View on PACER 51 Exhibit XX View on PACER 52 Exhibit YY View on PACER 53 Exhibit ZZ View on PACER	June 22, 2012	June 22, 2012 PACER
13	AFFIDAVIT re 4 MOTION for Preliminary Injunction and Memorandum of Law in Support /Declaration of Daniel Miller (Part 2) by Plaintiffs International Union, United Automobile, Aerospace and Agricultural Implement Workers of America, Local 1005, International Union, United Automobile, Aerospace and Agricultural Implement Workers of America, Local 863, Ohio Organizing Collaborative, Service Employees International Union Local 1, United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union. (Attachments: # 1 Exhibit AAA, # 2 Exhibit BBB, # 3 Exhibit CCC, # 4 Exhibit DDD, # 5 Exhibit EEE, # 6 Exhibit FFF, # 7 Exhibit GGG, # 8 Exhibit HHH, # 9 Exhibit III, # 10 Exhibit JJJ, # 11 Exhibit KKK, # 12 Exhibit LLL, # 13 Exhibit MMM, # 14 Exhibit NNN, # 15 Exhibit OOO, # 16 Exhibit PPP, # 17 Exhibit QQQ, # 18 Exhibit RRR, # 19 Exhibit SSS, # 20 Exhibit TTT, # 21 Exhibit UUU, # 22 Exhibit VVV, # 23 Exhibit WWW, # 24 Exhibit XXX, # 25 Exhibit YYY (PART 1), # 26 Exhibit YYY (PART 2), # 27 Exhibit YYY (PART 3), # 28 Exhibit YYY (PART 4), # 29 Exhibit YYY (PART 5), # 30 Exhibit YYY (PART 6)) (Hunter, Michael) (Entered: 06/22/2012) 1 Exhibit AAA View on PACER 2 Exhibit BBB View on PACER 3 Exhibit CCC View on PACER 4 Exhibit DDD View on PACER 5 Exhibit EEE View on PACER 6 Exhibit FFF View on PACER 7 Exhibit GGG View on PACER 8 Exhibit HHH View on PACER 9 Exhibit III View on PACER 10 Exhibit JJJ View on PACER 11 Exhibit KKK View on PACER 12 Exhibit LLL View on PACER 13 Exhibit MMM View on PACER 14 Exhibit NNN View on PACER 15 Exhibit OOO View on PACER 16 Exhibit PPP View on PACER 17 Exhibit QQQ View on PACER 18 Exhibit RRR View on PACER 19 Exhibit SSS View on PACER 20 Exhibit TTT View on PACER 21 Exhibit UUU View on PACER 22 Exhibit VVV View on PACER 23 Exhibit WWW View on PACER 24 Exhibit XXX View on PACER 25 Exhibit YYY (PART 1) View on PACER 26 Exhibit YYY (PART 2) View on PACER 27 Exhibit YYY (PART 3) View on PACER 28 Exhibit YYY (PART 4) View on PACER 29 Exhibit YYY (PART 5) View on PACER 30 Exhibit YYY (PART 6) View on PACER	June 22, 2012	June 22, 2012 PACER
14	NOTICE by Plaintiffs International Union, United Automobile, Aerospace and Agricultural Implement Workers of America, Local 1005, International Union, United Automobile, Aerospace and Agricultural Implement Workers of America, Local 863, Ohio Organizing Collaborative, Service Employees International Union Local 1, United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union re 2 Notice (Other),, of Related Cases (Attachments: # 1 Exhibit A- Amended Notice of Related Cases NEOCH) (Hunter, Michael) (Entered: 06/26/2012) 1 Exhibit A- Amended Notice of Related Cases NEOCH View on PACER	June 26, 2012	June 26, 2012 PACER
15	RELATED CASE MEMORANDUM ORDER REGARDING 2:06-CV-896 and 2:12-CV-562: The Judges agree that the cases ARE related. Case 2:12-cv-562 is reassigned to Judge Algenon L. Marbley and Magistrate Judge Terence P Kemp for all further proceedings. Signed by Judge Algenon L. Marbley and Judge George C. Smith on 6/26/2012. (pes1) (Entered: 06/26/2012)	June 26, 2012	June 26, 2012 RECAP
16	ORDER RELATING CASES AND FOR APPEARANCE OF NEW COUNSEL. Counsel for all parties in this action are hereby ORDERED to appear at the scheduled hearing in NEOCH v. Husted, 06-cv-896, tomorrow, Wednesday, June 27, at 2:00 p.m., 85 Marconi Blvd. Columbus, OH 43215, Chambers of Algenon L. Marbley. Signed by Judge Algenon L. Marbley on 6/26/2012. (cw). (Entered: 06/26/2012)	June 26, 2012	June 26, 2012 PACER
17	RELATED CASE MEMORANDUM ORDER: The Judges agree that this case and case number 1:10-CV-820 are NOT related. Signed by Judge Algenon L. Marbley and Judge Susan J. Dlott on 6/26/2012. (pes1) (Entered: 06/26/2012)	June 26, 2012	June 26, 2012 PACER
18	NOTICE by Plaintiffs International Union, United Automobile, Aerospace and Agricultural Implement Workers of America, Local 1005, International Union, United Automobile, Aerospace and Agricultural Implement Workers of America, Local 863, Ohio Organizing Collaborative, Service Employees International Union Local 1, United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union re 16 Order, Service upon Defendants Burke, Hastings, and Preisse (Hunter, Michael) (Entered: 06/26/2012)	June 26, 2012	June 26, 2012 PACER
19	AMENDED DOCUMENT by Plaintiffs International Union, United Automobile, Aerospace and Agricultural Implement Workers of America, Local 1005, International Union, United Automobile, Aerospace and Agricultural Implement Workers of America, Local 863, Ohio Organizing Collaborative, Service Employees International Union Local 1, United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union. Amendment to 1 Complaint,, Civil Coversheet. (Hunter, Michael) (Entered: 06/26/2012)	June 26, 2012	June 26, 2012 PACER
20	NOTICE of Appearance by Colleen Marie McCafferty for Defendant Timothy M. Burke (McCafferty, Colleen) (Entered: 06/27/2012)	June 27, 2012	June 27, 2012 PACER
21	NOTICE of Appearance by David Todd Stevenson for Defendant Timothy M. Burke (Stevenson, David) (Entered: 06/27/2012)	June 27, 2012	June 27, 2012 PACER
22	NOTICE of Appearance by Nick A Soulas, Jr for Defendant Douglas Preisse (Soulas, Nick) (Entered: 06/27/2012)	June 27, 2012	June 27, 2012 PACER
23	NOTICE of Appearance by Aaron D Epstein for Defendant Jon Husted (Epstein, Aaron) (Entered: 06/28/2012)	June 28, 2012	June 28, 2012 PACER
24	AFFIDAVIT re 4 MOTION for Preliminary Injunction and Memorandum of Law in Support /Declaration of Jusztina Traum by Plaintiffs International Union, United Automobile, Aerospace and Agricultural Implement Workers of America, Local 1005, International Union, United Automobile, Aerospace and Agricultural Implement Workers of America, Local 863, Ohio Organizing Collaborative, Service Employees International Union Local 1, United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R, # 19 Exhibit S, # 20 Exhibit T, # 21 Exhibit U, # 22 Exhibit V, # 23 Exhibit W, # 24 Exhibit X, # 25 Exhibit Y, # 26 Exhibit Z, # 27 Exhibit AA, # 28 Exhibit BB, # 29 Exhibit CC, # 30 Exhibit DD, # 31 Exhibit EE, # 32 Certificate of Service) (Hunter, Michael) (Entered: 06/29/2012) 1 Exhibit A View on PACER 2 Exhibit B View on PACER 3 Exhibit C View on PACER 4 Exhibit D View on PACER 5 Exhibit E View on PACER 6 Exhibit F View on PACER 7 Exhibit G View on PACER 8 Exhibit H View on PACER 9 Exhibit I View on PACER 10 Exhibit J View on PACER 11 Exhibit K View on PACER 12 Exhibit L View on PACER 13 Exhibit M View on PACER 14 Exhibit N View on PACER 15 Exhibit O View on PACER 16 Exhibit P View on PACER 17 Exhibit Q View on PACER 18 Exhibit R View on PACER 19 Exhibit S View on PACER 20 Exhibit T View on PACER 21 Exhibit U View on PACER 22 Exhibit V View on PACER 23 Exhibit W View on PACER 24 Exhibit X View on PACER 25 Exhibit Y View on PACER 26 Exhibit Z View on PACER 27 Exhibit AA View on PACER 28 Exhibit BB View on PACER 29 Exhibit CC View on PACER 30 Exhibit DD View on PACER 31 Exhibit EE View on PACER 32 Certificate of Service View on PACER	June 29, 2012	June 29, 2012 PACER
25	MOTION to Certify Class /Memorandum in Support by Plaintiffs International Union, United Automobile, Aerospace and Agricultural Implement Workers of America, Local 1005, International Union, United Automobile, Aerospace and Agricultural Implement Workers of America, Local 863, Ohio Organizing Collaborative, Service Employees International Union Local 1, United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union. Responses due by 7/23/2012 (Attachments: # 1 Text of Proposed Order) (Hunter, Michael) (Entered: 06/29/2012) 1 Text of Proposed Order View on PACER	June 29, 2012	June 29, 2012 PACER
26	NOTICE of Appearance by David Gregory Lambert for Defendant Jeff Hastings (Lambert, David) (Entered: 07/03/2012)	July 3, 2012	July 3, 2012 PACER
27	RESPONSE in Opposition re 4 MOTION for Preliminary Injunction and Memorandum of Law in Support filed by Defendant Timothy M. Burke. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O) (Stevenson, David) (Entered: 07/06/2012) 1 Exhibit A View on PACER 2 Exhibit B View on PACER 3 Exhibit C View on PACER 4 Exhibit D View on PACER 5 Exhibit E View on PACER 6 Exhibit F View on PACER 7 Exhibit G View on PACER 8 Exhibit H View on PACER 9 Exhibit I View on PACER 10 Exhibit J View on PACER 11 Exhibit K View on PACER 12 Exhibit L View on PACER 13 Exhibit M View on PACER 14 Exhibit N View on PACER 15 Exhibit O View on PACER	July 6, 2012	July 6, 2012 PACER
28	RESPONSE in Opposition re 4 MOTION for Preliminary Injunction and Memorandum of Law in Support Defendant Secretary of State Jon Husted's Memorandum Contra Plaintiffs' Motion for Preliminary Injunction filed by Defendant Jon Husted. (Epstein, Aaron) (Entered: 07/06/2012)	July 6, 2012	July 6, 2012 PACER
29	JOINT SCHEDULING ORDER Setting Hearing on Motions 288 MOTION to Modify April 19, 2010 Consent Decree to Prevent Constitutional Violations in Case No. 06-CV-896 and 4 Motion for Preliminary Injunction & 25 Motion to Certify Class in this Case No. 12-CV-562: Motions Hearing set for 7/30/2012 09:00 AM in Courtroom 1 - Columbus before Judge Algenon L. Marbley.. Signed by Judge Algenon L. Marbley on 7/9/2012. (cw) (Entered: 07/09/2012)	July 9, 2012	July 9, 2012 PACER
30	RESPONSE to Motion re 25 MOTION to Certify Class /Memorandum in Support Memorandum of Defendant Secretary of State Jon Husted in Response to Plaintiffs' Motion for Defendant Class Certification filed by Defendant Jon Husted. (Epstein, Aaron) (Entered: 07/13/2012)	July 13, 2012	July 13, 2012 PACER
31	RESPONSE in Opposition re 25 MOTION to Certify Class /Memorandum in Support filed by Defendant Jeff Hastings. (Lambert, David) (Entered: 07/13/2012)	July 13, 2012	July 13, 2012 PACER
32	AMENDED COMPLAINT against Timothy M. Burke, Jeff Hastings, Jon Husted, Douglas Preisse, filed by International Union, United Automobile, Aerospace and Agricultural Implement Workers of America, Local 1005, United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, International Union, United Automobile, Aerospace and Agricultural Implement Workers of America, Local 863, Service Employees International Union Local 1, Ohio Organizing Collaborative, United Food and Commerical Workers, Local 75, International Chemical Workers Union, a Council of Unitd Food and Commerical Workers, United Food and Commerical Workers, Local 880, United Food and Commerical Workers, Local 1059. (Hunter, Michael) (Entered: 07/13/2012)	July 13, 2012	July 13, 2012 PACER
33	REPLY to Response to Motion re 4 MOTION for Preliminary Injunction and Memorandum of Law in Support filed by Defendant International Chemical Workers Union, a Council of Unitd Food and Commerical Workers, Plaintiffs International Union, United Automobile, Aerospace and Agricultural Implement Workers of America, Local 1005, International Union, United Automobile, Aerospace and Agricultural Implement Workers of America, Local 863, Ohio Organizing Collaborative, Service Employees International Union Local 1, United Food and Commerical Workers, Local 1059, United Food and Commerical Workers, Local 75, United Food and Commerical Workers, Local 880, United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union. (Attachments: # 1 Text of Proposed Order) (Hunter, Michael) (Entered: 07/13/2012) 1 Text of Proposed Order View on PACER	July 13, 2012	July 13, 2012 PACER
34	AFFIDAVIT re 33 Reply to Response to Motion,,, Declaration of Pete DiBiase by Defendant International Chemical Workers Union, a Council of Unitd Food and Commerical Workers, Plaintiffs International Union, United Automobile, Aerospace and Agricultural Implement Workers of America, Local 1005, International Union, United Automobile, Aerospace and Agricultural Implement Workers of America, Local 863, Ohio Organizing Collaborative, Service Employees International Union Local 1, United Food and Commerical Workers, Local 1059, United Food and Commerical Workers, Local 75, United Food and Commerical Workers, Local 880, United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union. (Hunter, Michael) (Entered: 07/13/2012)	July 13, 2012	July 13, 2012 PACER
35	AFFIDAVIT re 33 Reply to Response to Motion,,, Declaration of William Dudley by Defendant International Chemical Workers Union, a Council of Unitd Food and Commerical Workers, Plaintiffs International Union, United Automobile, Aerospace and Agricultural Implement Workers of America, Local 1005, International Union, United Automobile, Aerospace and Agricultural Implement Workers of America, Local 863, Ohio Organizing Collaborative, Service Employees International Union Local 1, United Food and Commerical Workers, Local 1059, United Food and Commerical Workers, Local 75, United Food and Commerical Workers, Local 880, United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C) (Hunter, Michael) (Entered: 07/13/2012) 1 Exhibit A View on PACER 2 Exhibit B View on PACER 3 Exhibit C View on PACER	July 13, 2012	July 13, 2012 PACER
36	NOTICE of Appearance by Kevin Shook for Intervenor Defendants Dale Fellows, Diane Carnes, Chris Gibbs (Shook, Kevin) (Entered: 07/13/2012)	July 13, 2012	July 13, 2012 PACER
37	AFFIDAVIT re 33 Reply to Response to Motion,,, Declaration of Robert Grauvogl by Defendant International Chemical Workers Union, a Council of Unitd Food and Commerical Workers, Plaintiffs International Union, United Automobile, Aerospace and Agricultural Implement Workers of America, Local 1005, International Union, United Automobile, Aerospace and Agricultural Implement Workers of America, Local 863, Ohio Organizing Collaborative, Service Employees International Union Local 1, United Food and Commerical Workers, Local 1059, United Food and Commerical Workers, Local 75, United Food and Commerical Workers, Local 880, United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C) (Hunter, Michael) (Entered: 07/13/2012) 1 Exhibit A View on PACER 2 Exhibit B View on PACER 3 Exhibit C View on PACER	July 13, 2012	July 13, 2012 PACER
38	AFFIDAVIT re 33 Reply to Response to Motion,,, Declaration of Cathrine J. Harshman by Defendant International Chemical Workers Union, a Council of Unitd Food and Commerical Workers, Plaintiffs International Union, United Automobile, Aerospace and Agricultural Implement Workers of America, Local 1005, International Union, United Automobile, Aerospace and Agricultural Implement Workers of America, Local 863, Ohio Organizing Collaborative, Service Employees International Union Local 1, United Food and Commerical Workers, Local 1059, United Food and Commerical Workers, Local 75, United Food and Commerical Workers, Local 880, United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R, # 19 Exhibit S, # 20 Exhibit T, # 21 Exhibit U, # 22 Exhibit V, # 23 Exhibit W, # 24 Exhibit X, # 25 Exhibit Y, # 26 Exhibit Z, # 27 Exhibit AA, # 28 Exhibit BB, # 29 Exhibit CC, # 30 Exhibit DD, # 31 Exhibit EE, # 32 Exhibit FF, # 33 Exhibit GG, # 34 Exhibit HH, # 35 Exhibit II, # 36 Exhibit JJ, # 37 Exhibit KK, # 38 Exhibit LL, # 39 Exhibit MM, # 40 Exhibit NN, # 41 Exhibit OO, # 42 Exhibit PP, # 43 Exhibit QQ, # 44 Exhibit RR, # 45 Exhibit SS, # 46 Exhibit TT, # 47 Exhibit UU, # 48 Exhibit VV) (Hunter, Michael) (Entered: 07/13/2012) 1 Exhibit A View on PACER 2 Exhibit B View on PACER 3 Exhibit C View on PACER 4 Exhibit D View on PACER 5 Exhibit E View on PACER 6 Exhibit F View on PACER 7 Exhibit G View on PACER 8 Exhibit H View on PACER 9 Exhibit I View on PACER 10 Exhibit J View on PACER 11 Exhibit K View on PACER 12 Exhibit L View on PACER 13 Exhibit M View on PACER 14 Exhibit N View on PACER 15 Exhibit O View on PACER 16 Exhibit P View on PACER 17 Exhibit Q View on PACER 18 Exhibit R View on PACER 19 Exhibit S View on PACER 20 Exhibit T View on PACER 21 Exhibit U View on PACER 22 Exhibit V View on PACER 23 Exhibit W View on PACER 24 Exhibit X View on PACER 25 Exhibit Y View on PACER 26 Exhibit Z View on PACER 27 Exhibit AA View on PACER 28 Exhibit BB View on PACER 29 Exhibit CC View on PACER 30 Exhibit DD View on PACER 31 Exhibit EE View on PACER 32 Exhibit FF View on PACER 33 Exhibit GG View on PACER 34 Exhibit HH View on PACER 35 Exhibit II View on PACER 36 Exhibit JJ View on PACER 37 Exhibit KK View on PACER 38 Exhibit LL View on PACER 39 Exhibit MM View on PACER 40 Exhibit NN View on PACER 41 Exhibit OO View on PACER 42 Exhibit PP View on PACER 43 Exhibit QQ View on PACER 44 Exhibit RR View on PACER 45 Exhibit SS View on PACER 46 Exhibit TT View on PACER 47 Exhibit UU View on PACER 48 Exhibit VV View on PACER	July 13, 2012	July 13, 2012 PACER
39	RESPONSE in Opposition re 25 MOTION to Certify Class /Memorandum in Support filed by Defendant Douglas Preisse. (Soulas, Nick) (Entered: 07/13/2012)	July 13, 2012	July 13, 2012 PACER
40	AFFIDAVIT of Chris Gibbs by Intervenor Defendants Diane Carnes, Dale Fellows, Chris Gibbs. (Shook, Kevin) (Entered: 07/13/2012)	July 13, 2012	July 13, 2012 PACER

Case: Service Employees International Union, Local #1 v. Husted

2:12-cv-00562 | U.S. District Court for the Southern District of Ohio

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