Case: Nwanguma v. Trump

3:16-cv-00247 | U.S. District Court for the Western District of Kentucky

Filed Date: March 31, 2016

Clearinghouse coding complete

Case Summary

On March 31, 2016, U.S. citizens who had engaged in peaceful protest filed this lawsuit in Jefferson Circuit Court (State Court, Kentucky). The case was later moved to the District Court of the United States, Western District of Kentucky. Plaintiffs sued then-Presidential Candidate, Donald J. Trump, and two individual participants at Trump's rally. The plaintiffs brought claims alleging assault and battery and incitement to riot. They alleged that these claims attached to Trump through agency a…

On March 31, 2016, U.S. citizens who had engaged in peaceful protest filed this lawsuit in Jefferson Circuit Court (State Court, Kentucky). The case was later moved to the District Court of the United States, Western District of Kentucky. Plaintiffs sued then-Presidential Candidate, Donald J. Trump, and two individual participants at Trump's rally. The plaintiffs brought claims alleging assault and battery and incitement to riot. They alleged that these claims attached to Trump through agency and vicarious liability, and that he had acted negligently for a failure to provide better security.

Specifically, the plaintiff's complaint explained that they had attended a presidential campaign rally for Donald J. Trump with the intention of peaceful protest. As Plaintiffs were protesting, Trump allegedly said “Get ‘em out of here,” following which the individual defendants physically attacked the Plaintiffs until they were forced to leave the rally. Trump also allegedly said “Don’t hurt ‘em. If I say ‘go get em,’ I get in trouble with the press, […]” Plaintiffs sought compensatory damages (for physical injury, humiliation, emotional distress, mental anguish), punitive damages, and pre-judgment and post-judgment interest and recovery of their costs.

On May 20, 2016, Trump and one of the individual defendants moved to dismiss for failure to state a claim, which Judge David J. Hale granted in part and denied in part on March 31, 2017. The Court denied Defendants’ motion to dismiss for counts on incitement-to-riot and negligence but granted Defendant Trump’s motion to dismiss on counts of vicarious liability, as the plaintiff’s allegations were insufficient to state a plausible claim that these individual defendants had acted as agents of the Trump defendants. The individual defendant's motion to dismiss a claim for punitive damages was granted as well.

To this, Defendants moved for interlocutory appeal or, alternatively, for the judge in the district court to reconsider the earlier order. Judge Hale granted this motion on August 9, 2017. Here the Court revisited its earlier decision and reversed its prior ruling as to the defendants' negligence, leaving only the count of incitement-to-riot standing. The Court’s rationale was that the negligent-speech theory was incompatible with the First Amendment. It further found that negligence was an inappropriate vehicle for Plaintiff’s allegations in that they failed to establish that the security provided at the rally was inadequate to prevent violence, and that the purported negligence of ordering audience members to remove protestors was subsumed by Plaintiff’s incitement-to-riot claim. This remaining question of “Does the First Amendment protect Donald J. Trump’s […] statement “Get ‘em out of here,” or may the statement be found to constitute incitement of a riot?” was promptly certified for immediate appeal. Defendant Trump also moved for a writ of mandamus, but this was dismissed as moot.

On September 12, 2018, the United States Court of Appeals for the Sixth Circuit dismissed Plaintiff’s final claim of incitement to riot. The Court found that the district court failed to identify which allegations supported a plausible finding that Trump had incited tumultuous and violent conduct posing grave danger of personal injury (this conduct was a necessary element of Kentucky’s statutory definition of a riot), especially when considering Trump’s later statement of “Don’t hurt ‘em.” The Court thus concluded that Plaintiffs had not satisfied their burden of “rendering all other [explanations] implausible, and that Plaintiff needed more than to allege a mere probability or possibility that Defendants acted unlawfully. The Court also referred to First Amendment Protection, finding that the reaction of listeners did not alter the otherwise protected nature of speech and that Defendant Trump’s speech did not include a word encouraging violence that would have transformed it into unprotected speech.

This case is now closed.

Summary Authors

Joshua Matz (5/26/2017)

Jennifer Huseby (10/17/2018)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4268938/parties/nwanguma-v-trump/


Judge(s)

Hale, David Jason (Kentucky)

Attorneys(s) for Plaintiff

Bathurst, Camille (Kentucky)

Belzley, Gregory A. (Kentucky)

Canon, Daniel J. (Kentucky)

Ward, David N. (Kentucky)

Attorneys(s) for Defendant

Bentz, Andrew J. (District of Columbia)

Carvin, Michael Anthony (District of Columbia)

Dick, Anthony J. (District of Columbia)

Pence, Stephen Beville (Kentucky)

Westberry, Kent R. (Kentucky)

Judge(s)

Hale, David Jason (Kentucky)

Attorneys(s) for Plaintiff

Bathurst, Camille (Kentucky)

Belzley, Gregory A. (Kentucky)

Canon, Daniel J. (Kentucky)

Ward, David N. (Kentucky)

Attorneys(s) for Defendant

Bentz, Andrew J. (District of Columbia)

Carvin, Michael Anthony (District of Columbia)

Dick, Anthony J. (District of Columbia)

Pence, Stephen Beville (Kentucky)

Westberry, Kent R. (Kentucky)

Documents in the Clearinghouse

Document

3:16-cv-00247

Docket [Pacer]

May 26, 2017

May 26, 2017

Docket
1-1

3:16-cv-00247

Complaint

April 29, 2016

April 29, 2016

Complaint
9

3:16-cv-00247

Motion to Dismiss by Defendant Trump

May 20, 2016

May 20, 2016

Pleading / Motion / Brief
10

3:16-cv-00247

Motion to Dismiss by Defendant Bamberger

Ngwanguma v. Trump

May 20, 2016

May 20, 2016

Pleading / Motion / Brief

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4268938/nwanguma-v-trump/

Last updated Aug. 14, 2022, 3:18 a.m.

ECF Number Description Date Link Date / Link
1

NOTICE OF REMOVAL by Donald J. Trump for President, Inc., Alvin Bamberger, Donald J. Trump from Jefferson County Circuit Court, case number 16-CI-01504. ( Filing fee Paid $ 400, Receipt # 644-2211020 ), filed by Donald J. Trump for President, Inc., Alvin Bamberger, Donald J. Trump. (Attachments: # 1 Exhibit A - Complaint, # 2 Exhibit B. - CourtNet Docket Sheet dated 4/29/2016) (JSS) (Additional attachment(s) added on 5/2/2016: # 3 Cover Sheet) (JSS). (Additional attachment(s) added on 5/3/2016: # 4 Cover Sheet) (JAC). (Entered: 04/29/2016)

1 Exhibit A - Complaint

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2 Exhibit B. - CourtNet Docket Sheet dated 4/29/2016

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3 Cover Sheet

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4 Cover Sheet

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April 29, 2016

April 29, 2016

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Case Assignment (Random Selection): Case Assigned to Honorable Judge David J. Hale. Magistrate designation: Magistrate Judge Colin H. Lindsay. (JSS) (Entered: 04/29/2016)

April 29, 2016

April 29, 2016

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3

NOTICE to Jefferson County Circuit Court and Counsel 1 Notice of Removal. (JSS) (Entered: 04/29/2016)

April 29, 2016

April 29, 2016

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4

NOTICE OF FILING by Donald J. Trump for President, Inc. re 1 Notice of Removal, (Attachments: # 1 Cover Sheet) (Westberry, R.) (Entered: 05/02/2016)

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May 2, 2016

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NOTICE OF FILING by Donald J. Trump for President, Inc. re 1 Notice of Removal, (Attachments: # 1 Supplement Donald Trump for President, Inc. Corporate Disclosure) (Westberry, R.) (Entered: 05/02/2016)

1 Supplement Donald Trump for President, Inc. Corporate Disclosure

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May 2, 2016

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Corporate Disclosure Statement by Donald J. Trump for President, Inc. (NO PDF ATTACHED. SEE DN 5 FOR PDF.) (JAC)

May 2, 2016

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Proposed Agreed Order/Stipulation by Donald J. Trump for President, Inc., Donald J. Trump. (Westberry, R.) (Entered: 05/10/2016)

May 10, 2016

May 10, 2016

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ORDER by Judge David J. Hale. Defendants Donald J. Trump; Donald J. Trump for President, Inc.; and Alvin Bamberger to answer or otherwise respond to plaintiffs' complaint by 5/20/2016. cc:counsel (JAC) (Entered: 05/12/2016)

May 12, 2016

May 12, 2016

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NOTICE OF CONSENT TO REMOVAL by Matthew John Heimbach. (JAC) (Entered: 05/17/2016)

May 17, 2016

May 17, 2016

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9

MOTION to Dismiss by Defendants Donald J. Trump for President, Inc., Donald J. Trump Responses due by 6/13/2016 (Attachments: # 1 Memorandum in Support Brief in Support of Motion to Dismiss, # 2 Proposed Order) (Westberry, R.) (Entered: 05/20/2016)

1 Memorandum in Support Brief in Support of Motion to Dismiss

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2 Proposed Order

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May 20, 2016

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MOTION to Dismiss by Defendant Alvin Bamberger Responses due by 6/13/2016 (Attachments: # 1 Memorandum in Support, # 2 Proposed Order) (Pence, Stephen) (Entered: 05/20/2016)

1 Memorandum in Support

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2 Proposed Order

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May 20, 2016

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11

MOTION to Strike Portions of Verified Complaint (DN 1 ), by Defendant Matthew John Heimbach. Responses due by 6/13/2016. (Attachments: # 1 Proposed Order) (JAC) (Entered: 05/23/2016)

1 Proposed Order

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May 20, 2016

May 20, 2016

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12

Unopposed MOTION for Extension of Time to File Response/Reply to Motion to Dismiss by Plaintiff Kashiya Nwanguma Responses due by 6/20/2016 (Attachments: # 1 Proposed Order) (Canon, Daniel) (Entered: 06/09/2016)

1 Proposed Order

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June 9, 2016

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RESPONSE to Motion re 11 MOTION to Strike Portions of Verified Complaint (DN 1 ) filed by Henry Brousseau, Kashiya Nwanguma, Molly Shah. Replies due by 6/30/2016. (Attachments: # 1 Exhibit Ex. 1 (Pearson v. Countrywide), # 2 Exhibit Ex. 2 (Makaeff v. Trump Univ.), # 3 Proposed Order) (Ward, David) (Entered: 06/13/2016)

1 Exhibit Ex. 1 (Pearson v. Countrywide)

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2 Exhibit Ex. 2 (Makaeff v. Trump Univ.)

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3 Proposed Order

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June 13, 2016

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ORDER by Judge David J. Hale granting 12 Unopposed Motion for Extension of Time to File Response. Plaintiffs to have up to and including 6/27/16 to file responses to Defendants' motions to dismiss (DN 9 and 10 ). cc: Counsel(JAC) (Entered: 06/15/2016)

June 15, 2016

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RESPONSE to Motion re 10 MOTION to Dismiss filed by Henry Brousseau, Kashiya Nwanguma, Molly Shah. Replies due by 7/14/2016. (Attachments: # 1 Exhibit Blaine v. Bolton, # 2 Proposed Order) (Belzley, Gregory) (Entered: 06/27/2016)

1 Exhibit Blaine v. Bolton

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2 Proposed Order

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June 27, 2016

June 27, 2016

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RESPONSE to Motion re 9 MOTION to Dismiss filed by Henry Brousseau, Kashiya Nwanguma, Molly Shah. Replies due by 7/14/2016. (Attachments: # 1 Exhibit 1 - Decl. of Counsel, # 2 Exhibit 2 - Video Index, # 3 Exhibit 3 - Short Form Lease, # 4 Proposed Order) (Canon, Daniel) (Entered: 06/27/2016)

1 Exhibit 1 - Decl. of Counsel

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2 Exhibit 2 - Video Index

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3 Exhibit 3 - Short Form Lease

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4 Proposed Order

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June 27, 2016

June 27, 2016

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REPLY to Response to Motion re 11 MOTION to Strike Portions of Verified Complaint (DN 1 ) filed by Matthew John Heimbach. (JAC) (Entered: 06/28/2016)

June 28, 2016

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Proposed Agreed Order/Stipulation re 16, 15 by Alvin Bamberger, Donald J. Trump for President, Inc., Donald J. Trump. (Westberry, R.) (Entered: 06/28/2016)

June 28, 2016

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NOTICE OF FILING by Alvin Bamberger, Donald J. Trump for President, Inc., Donald J. Trump (Attachments: # 1 Supplement Amended Certificate of Service) (Westberry, R.) (Entered: 06/29/2016)

1 Supplement Amended Certificate of Service

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June 29, 2016

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AGREED ORDER by Judge David J. Hale. Reply Briefs due by 7/28/2016. cc:counsel (JAC) (Entered: 06/30/2016)

June 30, 2016

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CORRECTED REPLY to Response to Motion re 11 MOTION to Strike Portions of Verified Complaint (DN 1 ) filed by Matthew John Heimbach. (JAC) (Entered: 07/05/2016)

July 5, 2016

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22

REPLY to Response to Motion re 10 MOTION to Dismiss filed by Alvin Bamberger. (Pence, Stephen) (Entered: 07/21/2016)

July 21, 2016

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REPLY to Response to Motion re 9 MOTION to Dismiss filed by Donald J. Trump for President, Inc., Donald J. Trump. (Westberry, R.) (Entered: 07/28/2016)

July 28, 2016

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MOTION for Hearing by Plaintiffs Henry Brousseau, Kashiya Nwanguma, Molly Shah Responses due by 12/9/2016 (Attachments: # 1 Proposed Order) (Belzley, Gregory) (Entered: 11/15/2016)

1 Proposed Order

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Nov. 15, 2016

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RESPONSE to Motion re 24 MOTION for Hearing filed by Donald J. Trump for President, Inc., Donald J. Trump. (Westberry, R.) (Entered: 12/09/2016)

Dec. 9, 2016

Dec. 9, 2016

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ORDER OF RECUSAL by Magistrate Judge Colin Lindsay. cc: counsel, DJH-CM (JAC) (Entered: 01/12/2017)

Jan. 12, 2017

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MEMORANDUM OPINION AND ORDER by Judge David J. Hale. Motion to dismiss (DN 9 ) is granted in part and denied in part as set forth. Motion to dismiss (DN 10 ) is granted in part and denied in part as set forth. Motion to strike (DN 11 ) is denied. Motion for hearing (DN 24 ) is denied as moot. Matter referred to Magistrate Judge H. Brent Brennenstuhl for litigation planning, scheduling, nondispositive matters, discovery, and settlement. cc: Counsel, HBB-CM(JAC) (Entered: 03/31/2017)

March 31, 2017

March 31, 2017

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ORDER by Magistrate Judge H. Brent Brennenstuhl (EBOC). Telephonic Rule 16 Scheduling Conference set for 5/18/2017 09:30 AM CDT before Magistrate Judge H. Brent Brennenstuhl. Parties to comply as set forth. cc:counsel (JAC) (Entered: 04/06/2017)

April 6, 2017

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ANSWER to Complaint by Donald J. Trump for President, Inc., Donald J. Trump. (Westberry, R.) (Entered: 04/14/2017)

April 14, 2017

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ANSWER to Complaint, CROSSCLAIM against Donald J. Trump for President, Inc. by Alvin Bamberger. (Pence, Stephen) (Entered: 04/14/2017)

April 14, 2017

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31

NOTICE of Change of Address by Matthew John Heimbach (JAC) (Entered: 04/17/2017)

April 17, 2017

April 17, 2017

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ANSWER to Complaint with Jury Demand, CROSSCLAIM against Donald J. Trump for President, Inc., Donald J. Trump by Matthew John Heimbach. (Attachments: # 1 Attachment) (JAC) (Entered: 04/17/2017)

1 Attachment

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April 17, 2017

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33

MOTION for Andrew J. Bentz to Appear Pro Hac Vice Filing fee $ 125, receipt number 0644-2424516.by Cross Defendants Donald J. Trump for President, Inc., Donald J. Trump for President, Inc., Donald J. Trump, Donald J. Trump, Defendants Donald J. Trump for President, Inc., Donald J. Trump (Attachments: # 1 Exhibit A - Declaration, # 2 Exhibit B - Certificate of Good Standing, # 3 Proposed Order) (Westberry, R.) (Entered: 04/20/2017)

1 Exhibit A - Declaration

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2 Exhibit B - Certificate of Good Standing

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3 Proposed Order

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April 20, 2017

April 20, 2017

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34

MOTION for Michael A. Carvin to Appear Pro Hac Vice Filing fee $ 125, receipt number 0644-2424517.by Cross Defendants Donald J. Trump for President, Inc., Donald J. Trump for President, Inc., Donald J. Trump, Donald J. Trump, Defendants Donald J. Trump for President, Inc., Donald J. Trump (Attachments: # 1 Exhibit A - Declaration, # 2 Exhibit B - Certificate of Good Standing, # 3 Proposed Order) (Westberry, R.) (Entered: 04/20/2017)

1 Exhibit A - Declaration

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2 Exhibit B - Certificate of Good Standing

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3 Proposed Order

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April 20, 2017

April 20, 2017

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35

MOTION for Anthony J. Dick to Appear Pro Hac Vice Filing fee $ 125, receipt number 0644-2424520.by Cross Defendants Donald J. Trump for President, Inc., Donald J. Trump for President, Inc., Donald J. Trump, Donald J. Trump, Defendants Donald J. Trump for President, Inc., Donald J. Trump (Attachments: # 1 Exhibit A - Declaration, # 2 Exhibit B - Certificate of Good Standing, # 3 Proposed Order) (Westberry, R.) (Entered: 04/20/2017)

1 Exhibit A - Declaration

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2 Exhibit B - Certificate of Good Standing

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3 Proposed Order

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April 20, 2017

April 20, 2017

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36

MOTION for Leave to Certify this Court's Order for Interlocutory Appeal and Stay Further Proceedings, MOTION for Reconsideration re 27 Order on Motion for Hearing,, Order on Motion to Dismiss,,,, Order on Motion to Strike, by Cross Defendants Donald J. Trump for President, Inc., Donald J. Trump for President, Inc., Donald J. Trump, Donald J. Trump, Defendants Donald J. Trump for President, Inc., Donald J. Trump (Attachments: # 1 Memorandum in Support, # 2 Proposed Order) (Westberry, R.) (Entered: 04/20/2017)

1 Memorandum in Support

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2 Proposed Order

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April 20, 2017

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NOTICE OF APPEAL (Interlocutory) by Donald J. Trump for President, Inc. per MOO DN 59 . (MLG)

April 20, 2017

April 20, 2017

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TEXT ORDER signed by Judge David J. Hale on 4/21/2017 granting 33 Motion for Andrew J. Bentz to Appear Pro Hac Vice; granting 34 Motion for Michael A. Carvin to Appear Pro Hac Vice; granting 35 Motion for Anthony J. Dick to Appear Pro Hac Vice. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached. cc: Counsel(NWT) (Entered: 04/21/2017)

April 21, 2017

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38

TEXT ORDER by Magistrate Judge H. Brent Brennenstuhl on 4/24/2017. Upon request of counsel for the parties; IT IS ORDERED a Telephone Conference is set for 5/2/2017 at 9:30 AM, CDT, before Magistrate Judge H. Brent Brennenstuhl. The Court will initiate the call. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.cc: Counsel (KLL) (Entered: 04/24/2017)

April 24, 2017

April 24, 2017

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39

TEXT ORDER by Magistrate Judge H. Brent Brennenstuhl on 5/2/2017. Due to the exigencies of the Court's calendar; IT IS ORDERED the Telephone Conference set for 5/2/2017 is REMANDED from the Court's calendar and RESCHEDULED to be conducted on 5/8/2017 at 1:30 PM, CDT. The Court will initiate the call. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.cc: Counsel (KLL) (Entered: 05/02/2017)

May 2, 2017

May 2, 2017

PACER
40

MOTION to Dismiss the Cross Claims of Alvin Bamberger and Matthew Heimbach by Cross Defendants Donald J. Trump for President, Inc., Donald J. Trump for President, Inc., Donald J. Trump, Donald J. Trump, Defendants Donald J. Trump for President, Inc., Donald J. Trump (Attachments: # 1 Memorandum in Support, # 2 Proposed Order) (Westberry, R.) (Entered: 05/05/2017)

1 Memorandum in Support

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2 Proposed Order

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May 5, 2017

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ORDER by Magistrate Judge H. Brent Brennenstuhl. Telephonic Conference held 5/8/2017. Rule 16 Scheduling Conference to proceed as scheduled on 5/18/2017 9:30 AM CDT. cc: counsel (JAC) (Entered: 05/10/2017)

May 10, 2017

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RESPONSE to Motion re 36 MOTION for Leave to Certify this Court's Order for Interlocutory Appeal and Stay Further Proceedings MOTION for Reconsideration re 27 Order on Motion for Hearing,, Order on Motion to Dismiss,,,, Order on Motion to Strike, filed by Henry Brousseau, Kashiya Nwanguma, Molly Shah. (Canon, Daniel) (Entered: 05/10/2017)

May 10, 2017

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Proposed Pretrial Order by Molly Shah, Henry Brousseau, Kashiya Nwanguma by Molly Shah, Henry Brousseau, Kashiya Nwanguma. (Belzley, Gregory) (Entered: 05/14/2017)

May 14, 2017

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Objection to 43 Proposed Pretrial Order filed by Donald J. Trump for President, Inc., Donald J. Trump. (Attachments: # 1 Exhibit Attachment A - Proposed Trial Plan, # 2 Exhibit Attachment B - Mark up of Defendants' proposal) (Westberry, R.) (Entered: 05/16/2017)

1 Exhibit Attachment A - Proposed Trial Plan

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2 Exhibit Attachment B - Mark up of Defendants' proposal

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May 16, 2017

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SCHEDULING ORDER by Magistrate Judge H. Brent Brennenstuhl. Telephonic Scheduling Conference held on 5/18/2017. Rule 26(a)(1) Disclosure due by 5/30/2017. Motion for Protective Order due by 7/17/2017. Response due 30 days following filing of motion. Expert Witness (Plaintiff) due by 12/1/2017. Expert Witness (Defendant) due by 2/9/2018. Amended Pleadings due by 8/8/2017. Joinder of Parties due by 8/8/2017. Discovery due by 6/1/2018. Dispositive and Daubert Motions due by 7/2/2018. Telephonic Status Conference set for 6/7/2018 09:30 AM CDT before Magistrate Judge H. Brent Brennenstuhl. cc:counsel (JAC) (Entered: 05/22/2017)

May 22, 2017

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Objection to Magistrate Judge's Denial of Motion to Stay Discovery filed by Donald J. Trump for President, Inc., Matthew John Heimbach, Donald J. Trump. (Westberry, R.) Modified on 5/23/2017 edited docket text for clarification (JAC). (Entered: 05/22/2017)

May 22, 2017

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REPLY to Response to Motion re 36 MOTION for Leave to Certify this Court's Order for Interlocutory Appeal and Stay Further Proceedings MOTION for Reconsideration re 27 Order on Motion for Hearing,, Order on Motion to Dismiss,,,, Order on Motion to Strike, filed by Donald J. Trump for President, Inc., Donald J. Trump. (Westberry, R.) (Entered: 05/23/2017)

May 23, 2017

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NOTICE by Judge David J. Hale. cc: counsel (JAC) (Entered: 05/26/2017)

May 26, 2017

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RESPONSE to Motion re 40 MOTION to Dismiss the Cross Claims of Alvin Bamberger and Matthew Heimbach filed by Alvin Bamberger. (Pence, Stephen) (Entered: 05/26/2017)

May 26, 2017

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RULE 26 INITIAL DISCLOSURE STATEMENT by Donald J. Trump for President, Inc., Donald J. Trump. (Attachments: # 1 Exhibit Attachment A - Certificate of Liability Insurance, # 2 Exhibit Attachment B - General Liability Insurance Policy) (Westberry, R.) (Entered: 05/30/2017)

1 Exhibit Attachment A - Certificate of Liability Insurance

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2 Exhibit Attachment B - General Liability Insurance Policy

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May 30, 2017

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NOTICE of Service of Plaintiffs' Initial Disclosures by Henry Brousseau, Kashiya Nwanguma, Molly Shah (Ward, David) (Entered: 05/30/2017)

May 30, 2017

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RULE 26 INITIAL DISCLOSURE STATEMENT by Alvin Bamberger. (Pence, Stephen) (Entered: 05/30/2017)

May 30, 2017

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REPLY to Response to Motion re 40 MOTION to Dismiss the Cross Claims of Alvin Bamberger and Matthew Heimbach filed by Donald J. Trump for President, Inc., Donald J. Trump. (Westberry, R.) (Entered: 06/09/2017)

June 9, 2017

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Letter from Counsel for Defendants Donald J. Trump and Donald J. Trump for President, Inc. by Donald J. Trump for President, Inc., Donald J. Trump. (Westberry, R.) (Entered: 06/26/2017)

June 26, 2017

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MOTION for Protective Order by Cross Defendants Donald J. Trump for President, Inc., Donald J. Trump for President, Inc., Donald J. Trump, Donald J. Trump, Defendants Donald J. Trump for President, Inc., Donald J. Trump (Attachments: # 1 Memorandum in Support, # 2 Proposed Order) (Westberry, R.) (Entered: 07/17/2017)

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2 Proposed Order

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July 17, 2017

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USCA Case number 17-5830 petition for writ of mandamus (JSS) (Entered: 07/24/2017)

July 20, 2017

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Unopposed MOTION for Extension of Time to File Response/Reply by Plaintiffs Henry Brousseau, Kashiya Nwanguma, Molly Shah (Attachments: # 1 Proposed Order Proposed Order) (Ward, David) (Entered: 08/07/2017)

1 Proposed Order Proposed Order

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Aug. 7, 2017

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MEMORANDUM OPINION AND ORDER by Judge David J. Hale on 8/8/2017 - The Trump Defendants' motion to certify the Court's March 31, 2017 Memorandum Opinion and Order for interlocutory appeal or to reconsider that decision (D.N. 36) is GRANTED. Pursuant to 28 U.S.C. ยง 1292(b), the Court's March 31, 2017 Memorandum Opinion and Order is AMENDED to certify the following question for immediate appeal: Does the First Amendment protect Donald J. Trumps March 1, 2016 statement "Get 'em out of here," or may the statement be found to constitute incitement of a riot? Count V of Plaintiffs' complaint is DISMISSED for failure to state a claim upon which relief may be granted. The Trump Defendants objection to the magistrate judges denial of their motion to stay discovery pending resolution of the motion to certify (D.N. 46) is OVERRULED as moot. Discovery as to the Trump Defendants shall be STAYED pending resolution of the interlocutory appeal. Discovery as to Bamberger and Heimbach shall proceed as set forth. cc: Counsel(DAK) (Entered: 08/09/2017)

Aug. 9, 2017

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ORDER Signed by Magistrate Judge H. Brent Brennenstuhl on 8/16/2017 denying 55 Motion for Protective Order; denying 57 Motion for Extension of Time to File Response with leave to refile once the stay is lifted as to the Trump defendants. cc: Counsel(KJA) (Entered: 08/16/2017)

Aug. 16, 2017

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USCA Case Number 17-6290 for Notice of Interlocutory Appeal filed by Donald J. Trump for President, Inc. (MLG) (Entered: 11/02/2017)

Nov. 1, 2017

Nov. 1, 2017

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USCA Order re:17-510 On Petition for Permission to Appeal and 17-5830 On Petition for a Writ of Mandamus; Permission to appeal is Granted and mandamus petition is DISMISSED as MOOT. (MLG) (Entered: 11/02/2017)

Nov. 1, 2017

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Filing fee paid: $ 505.00, receipt number l33053013 by Donald J. Trump for President, Inc. and Donald J. Trump . (JSS) Modified on 11/2/2017 (JSS).

Nov. 2, 2017

Nov. 2, 2017

PACER

USCA Appeal Fees received $ 505 receipt number 33053013 re Notice of Interlocutory Appeal filed Donald J. Trump for President, Inc. & Donald J. Trump (MLG) Modified on 11/2/2017 (JSS).

Nov. 2, 2017

Nov. 2, 2017

PACER
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ORDER on a telephonic status conference held before Magistrate Judge H. Brent Brennenstuhl on 6/7/2018 - All remaining deadlines are STAYED pending exhaustion of the interlocutory appeals. cc:counsel (DAK) (Entered: 06/11/2018)

June 11, 2018

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63

MOTION to Withdraw as Attorney Andrew J. M. Bentz. (Continue to receive notice:No) by Defendants Donald J. Trump for President, Inc., Donald J. Trump (Attachments: # 1 Proposed Order) (Westberry, R.) (Entered: 08/06/2018)

1 Proposed Order

View on PACER

Aug. 6, 2018

Aug. 6, 2018

PACER
64

USCA NOTICE The motion filed by Andrew J.M. Bentz to withdraw as counsel for appellant because he will no longer be practicing law at Jones Day is GRANTED. re 63 MOTION to Withdraw as Attorney Andrew J. M. Bentz. (JSS) (Entered: 08/08/2018)

Aug. 6, 2018

Aug. 6, 2018

PACER
65

JUDGMENT of USCA ORDERED that the district courts denial of the Trump defendants motion to dismiss this claim is REVERSED, and the case is REMANDED for entry of an order dismissing the Count III claim against the Trump defendants as to Notice of Interlocutory Appeal filed by Donald J. Trump for President, Inc. (JSS) (Entered: 09/12/2018)

Sept. 12, 2018

Sept. 12, 2018

RECAP
66

ORDER Signed by Judge David J. Hale on 9/19/2018 granting 40 Motion to Dismiss Crossclaims: The Clerk of Court is DIRECTED to terminate Matthew Heimbach and Alvin Bamberger as cross-claimants and Donald Trump and Donald J. Trump for President, Inc. as cross-defendants in the record of this matter. cc: Counsel (JM) (Entered: 09/20/2018)

Sept. 20, 2018

Sept. 20, 2018

RECAP
67

MANDATE of USCA case # 17-6290 as to 60 Notice of Interlocutory Appeal filed by Donald J. Trump for President, Inc. (JSS) (Entered: 12/07/2018)

Dec. 7, 2018

Dec. 7, 2018

RECAP
68

ORDER by Judge David J. Hale on 12/12/2018: In accordance with the Sixth Circuit's decision of 9/11/2018 and the Mandate issued 12/7/2018 and the Court being otherwise sufficiently advised, it is hereby ORDERED that Count III of Plaintiffs' complaint is DISMISSED. cc: counsel (JM) (Entered: 12/12/2018)

Dec. 12, 2018

Dec. 12, 2018

RECAP
69

ORDER by Judge David J. Hale on 9/17/2019. Within ten (10) days of entry of this Order, Plaintiffs shall SHOW CAUSE why their remaining claims should not be dismissed for failure to prosecute. See Fed. R. Civ. P. 41(b); LR 41.1. cc: Counsel (MEJ) (Entered: 09/17/2019)

Sept. 17, 2019

Sept. 17, 2019

RECAP
70

MOTION to Dismiss and Response to Show Cause Order by Plaintiffs Henry Brousseau, Kashiya Nwanguma, Molly Shah (Attachments: # 1 Proposed Order) (Canon, Daniel) (Entered: 09/27/2019)

1 Proposed Order

View on PACER

Sept. 27, 2019

Sept. 27, 2019

RECAP
72

Mail Returned as Undeliverable, unable to forward. (AME) (Entered: 09/30/2019)

Sept. 27, 2019

Sept. 27, 2019

RECAP
71

ORDER Signed by Judge David J. Hale on 9/27/2019 granting 70 Motion to Dismiss. Plaintiffs' remaining claims are DISMISSED. All claims having been resolved (D.N. 27 ; D.N. 58 ; D.N. 66 ; D.N. 68 ), this matter is DISMISSED and STRICKEN from the Court's docket. cc: Counsel (MEJ) (Entered: 09/30/2019)

Sept. 30, 2019

Sept. 30, 2019

RECAP

Case Details

State / Territory: Kentucky

Case Type(s):

Presidential/Gubernatorial Authority

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: March 31, 2016

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Private individuals injured at Trump campaign rally

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Donald Trump , Private Entity/Person

Donald J. Trump for President, Inc., Private Entity/Person

Case Details

Causes of Action:

State law

Constitutional Clause(s):

Freedom of speech/association

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None