Case: ACLU v. Trump

1:17-cv-01351 | U.S. District Court for the District of Columbia

Filed Date: July 10, 2017

Closed Date: July 22, 2020

Clearinghouse coding complete

Case Summary

On July 10, 2017, the American Civil Liberties Union and American Civil Liberties Union Foundation filed this lawsuit in the U.S District Court for the District of Columbia. The Plaintiffs are non-profit, nationwide organizations focused on ensuring the principles of liberty and equality embodied in the Constitution and the nation’s civil rights laws, including laws protecting access to the rights to vote. The Plaintiffs sought declaratory, injunctive, and mandamus relief against Defendants Pre…

On July 10, 2017, the American Civil Liberties Union and American Civil Liberties Union Foundation filed this lawsuit in the U.S District Court for the District of Columbia. The Plaintiffs are non-profit, nationwide organizations focused on ensuring the principles of liberty and equality embodied in the Constitution and the nation’s civil rights laws, including laws protecting access to the rights to vote. The Plaintiffs sought declaratory, injunctive, and mandamus relief against Defendants President Trump, Vice President Pence, and the Presidential Advisory Commission on Election Integrity (the "Commission”) under the Federal Advisory Committee Act (“FACA”), 5 U.S.C. app. 2 §§ 1-16.

On May 11, 2017, President Trump issued Executive Order 13,799, establishing the Commission. The stated mission of the Commission was to “study the registration and voting process used in Federal elections” and its ultimate function was to submit a report to the President that identifies various elements that enhance or undermine the nation’s confidence in the integrity of the voting system. Exec. Order No. 13,799 § 3. The Plaintiffs argued that the Commission is an advisory committee, and as such is subject to the disclosure, notice, and reporting requirements of the FACA. The Commission, however, had not followed certain procedures required by FACA, such as having a meeting without holding it open to the public, failing to create detailed minutes of their meetings, failing to provide a transcript of telephonic meetings, and failing other non-discretionary openness requirements. Furthermore, at the time the complaint was filed, the Committee had scheduled a future meeting to take place in a building closed to the public without advanced screening, in violation of the non-discretionary open meeting requirement of FACA § 10(a)(1).

Along with their complaint, the plaintiffs filed a motion for temporary restraining order and preliminary injunction requesting the court to enforce FACA’s requirement’s (1) that any telephonic meeting be noticed and available to the public, (2) that all minutes, agendas, reports, studies and documentary material made available to or prepared for or by Commission member be made available for public inspection and copying at a single, publicly accessible location, and (3) that the July 19th meeting be moved, with public notice, to a publicly accessible location.

On July 18, 2017, District Judge Colleen Kollar-Kotelly denied this motion for temporary restraining order and preliminary injunction without prejudice, reasoning that the court lacked jurisdiction to give relief in the form of mandamus because the Plaintiffs failed to demonstrate the three requirements for mandamus: (1) a clear and indisputable right to relief, (2) that the government agency or official is violating a clear duty to act, and (3) that no adequate alternative remedy exists. Because the Plaintiffs had argued that mandamus relief was the only available remedy, the motion was denied for lack of subject-matter jurisdiction. 266 F.Supp.3d 133.

On September 8, 2017, District Judge Randolph D. Moss approved an unopposed motion to stay the case in anticipation of receiving and reviewing materials provided by the Defendants in a related case, Lawyers’ Committee for Civil Rights Under Law v. Presidential Advisory Commission on Election Integrity, also in this Clearinghouse.

On January 3, 2018, the plaintiffs filed an amended complaint. The amended complaint, in addition to all previous allegation, expanded the allegations of FACA violations to include meetings held in July and September 2017. The defendants had continued to conduct telephone meetings without public access, while failing to take detailed minutes, and while failing to make public any records or reports prepared for those meetings. The amended complaint sought declaratory judgement with respect to all FACA violations in 2017 and mandamus relief requiring the Commission to perform all non-discretionary FACA requirements. Additionally, the plaintiffs sought an injunction requiring the defendants to:

1. make all records, reports, transcripts, minutes, appendixes, working papers, drafts, studies, agenda, or other documents which were made available to or prepared for or by the Pence-Kobach Commission open for public inspection;

2. hold all meetings of the Commission, including meetings conducted by telephone or other electronic medium, open to the public;

3. cease all activities that have no reasoned basis and/or are not provided for in the Executive Order establishing the parameters under which the Pence-Kobach Commission can operate, including ceasing all activity aimed at investigating particular voters;

4. make provisions to “require the membership of the advisory committee to be fairly balanced in terms of the points of view represented and the functions to be performed by the advisory committee,” and “to assure that the advice and recommendations of the advisory committee will not be inappropriately influenced by the appointing authority or any special interest”; and

5. cease all action by the Commission until it is properly constituted.

The same day, President Trump issued an executive order terminating the Commission. The defendants moved to dismiss the case in September 2018, arguing that the case was moot due to the Commission’s dissolution, that the plaintiffs had failed to state a claim, or that mandamus was either unavailable or should not be exercised. A week later the plaintiffs filed an unopposed motion to stay proceedings in light of similar case, Dunlap v. Presidential Advisory Commission on Election Integrity, (17-2361). The plaintiffs moved to stay the case because the result of Dunlap might otherwise cause them to voluntarily dismiss the case.

On July 20, 2020, the plaintiffs filed an unopposed notice of voluntary dismissal. According to their motion, the court had resolved Dunlap; the documents that the plaintiffs sought were released. Accordingly, on July 22, the court dismissed the case with prejudice and denied defendants' motion to dismiss as moot. The case is closed.

Summary Authors

Robert Carnes (10/26/2017)

Sara Stearns (5/26/2020)

Related Cases

Lawyers' Committee for Civil Rights Under Law v. Presidential Advisory Commission on Election Integrity, District of Columbia (2017)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/6087228/parties/american-civil-liberties-union-v-trump/


Judge(s)

Kollar-Kotelly, Colleen (District of Columbia)

Attorneys(s) for Plaintiff

Ho, Dale E. (New York)

Lakin, Sophia L. (New York)

Lee, Theresa J. (New York)

Spitzer, Arthur (District of Columbia)

Attorneys(s) for Defendant

Borson, Joseph Evan (District of Columbia)

Federighi, Carol (District of Columbia)

Shapiro, Elizabeth J. (District of Columbia)

Wolfe, Kristina Ann (District of Columbia)

Judge(s)

Kollar-Kotelly, Colleen (District of Columbia)

Attorneys(s) for Plaintiff

Ho, Dale E. (New York)

Lakin, Sophia L. (New York)

Lee, Theresa J. (New York)

Spitzer, Arthur (District of Columbia)

Attorneys(s) for Defendant

Borson, Joseph Evan (District of Columbia)

Federighi, Carol (District of Columbia)

Shapiro, Elizabeth J. (District of Columbia)

Wolfe, Kristina Ann (District of Columbia)

Documents in the Clearinghouse

Document

Docket [PACER]

American Civil Liberties Union v. Trump

July 22, 2020 Docket
1

Complaint for Declaratory and Mandamus Relief

July 10, 2017 Complaint
18

Memorandum Opinion

July 18, 2017 Order/Opinion
30

Amended Complaint

Jan. 3, 2018 Complaint

Resources

Title Description External URL

American Civil Liberties Union v. Donald Trump

American Civil Liberties Union

On July 10, 2017, the American Civil Liberties Union filed a federal lawsuit over the lack of transparency by President Trump’s election commission. <br /> <br />The lawsuit charges the commission wi… July 18, 2017 https://www.aclu.org/cases/american-civil-liberties-union-v-donald-trump

Case Studies in Emergency Election Litigation: The Presidential Advisory Commission on Election Integrity

Robert Timothy Reagan

In mid-2017, President Trump created the Presidential Advisory Commission on Election Integrity. The commission’s vice chair asked all states to submit extensive voter registration data to the commis… Sept. 25, 2018 https://www.fjc.gov/sites/default/files/materials/10/EE-DC-1-17-cv-1320-EPIC.pdf

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6087228/american-civil-liberties-union-v-trump/

Last updated May 12, 2022, 8 p.m.

ECF Number Description Date Link
1

COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0090-5024737) filed by AMERICAN CIVIL LIBERTIES UNION, AMERICAN CIVIL LIBERTIES UNION FOUNDATION. (Attachments: # 1 Civil Cover Sheet, # 2 Civil Cover Sheet Related Case Form, # 3 Summons U.S. Attorney for DC, # 4 Summons U.S. Attorney General, # 5 Summons Presidential Advisory Comm'n on Election Integrity, # 6 Summons Donald Trump, # 7 Summons Michael Pence)(Ho, Dale) (Entered: 07/10/2017)

1 Civil Cover Sheet

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2 Civil Cover Sheet Related Case Form

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3 Summons U.S. Attorney for DC

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4 Summons U.S. Attorney General

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5 Summons Presidential Advisory Comm'n on Election Integrity

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6 Summons Donald Trump

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7 Summons Michael Pence

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July 10, 2017 RECAP
2

Corporate Disclosure Statement by AMERICAN CIVIL LIBERTIES UNION, AMERICAN CIVIL LIBERTIES UNION FOUNDATION. (Ho, Dale) (Entered: 07/10/2017)

July 10, 2017 PACER

Case Assigned/Reassigned

July 10, 2017 PACER
3

MOTION for Temporary Restraining Order, MOTION for Preliminary Injunction by AMERICAN CIVIL LIBERTIES UNION, AMERICAN CIVIL LIBERTIES UNION FOUNDATION (Attachments: # 1 Text of Proposed Order)(Ho, Dale) (Entered: 07/10/2017)

1 Text of Proposed Order

View on RECAP

July 10, 2017 PACER

Notice of Hearing

July 10, 2017 PACER
4

NOTICE of Appearance by Dale E. Ho on behalf of AMERICAN CIVIL LIBERTIES UNION, AMERICAN CIVIL LIBERTIES UNION FOUNDATION (Ho, Dale) (Entered: 07/10/2017)

July 10, 2017 PACER

ENTERED IN ERROR.....Case Assigned to Judge Emmet G. Sullivan. (jd) Modified on 7/10/2017 (jd).

July 10, 2017 PACER

Case Reassigned to Judge Colleen Kollar-Kotelly. Judge Emmet G. Sullivan no longer assigned to the case. (jd)

July 10, 2017 PACER
5

NOTICE OF RELATED CASE by AMERICAN CIVIL LIBERTIES UNION, AMERICAN CIVIL LIBERTIES UNION FOUNDATION. Case related to Case No. 17-cv-1320-CKK. (jd) (Entered: 07/10/2017)

July 10, 2017 RECAP
6

SUMMONS (5) Issued Electronically as to MICHAEL PENCE, PRESIDENTIAL ADVISORY COMMISSION ON ELECTION INTEGRITY, DONALD J. TRUMP, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Consent Forms)(jd) (Entered: 07/10/2017)

July 10, 2017 PACER
7

NOTICE of Appearance by Joseph Evan Borson on behalf of All Defendants (Borson, Joseph) (Entered: 07/10/2017)

July 10, 2017 PACER
8

NOTICE of Appearance by Carol Federighi on behalf of All Defendants (Federighi, Carol) (Entered: 07/10/2017)

July 10, 2017 PACER
9

ORDER Establishing Procedures for Cases Assigned to Judge Colleen Kollar-Kotelly. Signed by Judge Colleen Kollar-Kotelly on 07/10/2017. (DM) (Entered: 07/10/2017)

July 10, 2017 RECAP
10

NOTICE of Appearance by Elizabeth J. Shapiro on behalf of All Defendants (Shapiro, Elizabeth) (Entered: 07/10/2017)

July 10, 2017 PACER
11

NOTICE of Appearance by Arthur B. Spitzer on behalf of AMERICAN CIVIL LIBERTIES UNION, AMERICAN CIVIL LIBERTIES UNION FOUNDATION (Spitzer, Arthur) (Entered: 07/10/2017)

July 10, 2017 PACER
12

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 7/10/2017. Answer due for ALL FEDERAL DEFENDANTS by 9/8/2017. (Spitzer, Arthur) (Entered: 07/10/2017)

July 10, 2017 PACER

NOTICE of Hearing: Telephone Conference on the record set for 7/11/2017 at 8:30 AM in Chambers before Judge Colleen Kollar-Kotelly. (dot)

July 10, 2017 PACER

MINUTE ORDER: The Court has received Plaintiffs' 3 Motion for a Temporary Restraining Order and Preliminary Injunction. The parties shall adhere to the following expedited briefing schedule. Defendants shall file their opposition by July 13, 2017 at 5:00 P.M. Plaintiff shall file its reply by July 14, 2016 at 5:00 P.M. The parties' briefing should address the availability of judicial review of Plaintiffs' claims pursuant to the Federal Advisory Committee Act, including pursuant to the Administrative Procedure Act, and by way of mandamus jurisdiction. The parties have agreed to the consideration of the motion for a temporary restraining order and motion for a preliminary injunction in a single proceeding. Signed by Judge Colleen Kollar-Kotelly on 7/11/2017. (lcckk1)

July 11, 2017 PACER

Order

July 11, 2017 PACER
13

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Sophia Lin Lakin, :Firm- American Civil Liberties Union Foundation, Inc., :Address- 125 Broad St., 18th Fl., New York, NY 10004. Phone No. - (212) 519-7836. Fax No. - (212) 549-2654 Filing fee $ 100, receipt number 0090-5027180. Fee Status: Fee Paid. by AMERICAN CIVIL LIBERTIES UNION, AMERICAN CIVIL LIBERTIES UNION FOUNDATION (Attachments: # 1 Certification of Sophia Lin Lakin, # 2 Declaration of Sophia Lin Lakin, # 3 Text of Proposed Order)(Ho, Dale) (Entered: 07/11/2017)

July 11, 2017 PACER

Telephone Conference

July 11, 2017 PACER
14

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Theresa J. Lee, :Firm- American Civil Liberties Union Foundation, Inc., :Address- 125 Broad St., 18th Fl., New York, NY 10004. Phone No. - (212) 284-7359. Fax No. - (212) 549-2654 Filing fee $ 100, receipt number 0090-5027354. Fee Status: Fee Paid. by AMERICAN CIVIL LIBERTIES UNION, AMERICAN CIVIL LIBERTIES UNION FOUNDATION (Attachments: # 1 Certification of Theresa J. Lee, # 2 Declaration of Theresa J. Lee, # 3 Text of Proposed Order)(Ho, Dale) (Entered: 07/11/2017)

July 11, 2017 PACER

Minute Entry for proceedings held before Judge Colleen Kollar-Kotelly: Telephone Conference on the record held on 7/11/2017. Defendants shall file opposition to 3 by 7/13/2017. Plaintiff shall file Reply to 3 by 7/14/2017. (Court Reporter Richard Ehrlich.) (dot)

July 11, 2017 PACER
15

NOTICE of Appearance by Kristina Ann Wolfe on behalf of All Defendants (Wolfe, Kristina) (Entered: 07/13/2017)

July 13, 2017 PACER
16

RESPONSE re 3 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by MICHAEL PENCE, PRESIDENTIAL ADVISORY COMMISSION ON ELECTION INTEGRITY, DONALD J. TRUMP. (Attachments: # 1 Declaration Kossack Decl.)(Borson, Joseph) (Entered: 07/13/2017)

1 Declaration Kossack Decl.

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July 13, 2017 RECAP
17

REPLY to opposition to motion re 3 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by AMERICAN CIVIL LIBERTIES UNION, AMERICAN CIVIL LIBERTIES UNION FOUNDATION. (Ho, Dale) (Entered: 07/14/2017)

July 14, 2017 PACER
18

MEMORANDUM OPINION. Signed by Judge Colleen Kollar-Kotelly on 7/18/2017. (lcckk1) (Entered: 07/18/2017)

July 18, 2017 RECAP
19

ORDER. Plaintiffs' 3 Motion for Temporary Restraining Order and Preliminary Injunction is DENIED WITHOUT PREJUDICE. Signed by Judge Colleen Kollar-Kotelly on 7/18/2017. (lcckk1) (Entered: 07/18/2017)

July 18, 2017 PACER
20

ENTERED IN ERROR. . . . .RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. DONALD J. TRUMP served on 7/11/2017 (Ho, Dale) Modified on 7/26/2017 (td). (Entered: 07/26/2017)

July 26, 2017 RECAP

Notice of Corrected Docket Entry

July 26, 2017 PACER

NOTICE OF CORRECTED DOCKET ENTRY: re 20 Summons Returned Executed as to Federal Defendant was entered in error and counsel was instructed to refile said pleading. (td)

July 26, 2017 PACER
21

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 07/11/2017. (Ho, Dale) (Entered: 07/26/2017)

July 26, 2017 PACER
22

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. PRESIDENTIAL ADVISORY COMMISSION ON ELECTION INTEGRITY served on 7/11/2017 (Ho, Dale) (Entered: 07/26/2017)

July 26, 2017 PACER
23

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. MICHAEL PENCE served on 7/12/2017 (Ho, Dale) (Entered: 07/26/2017)

July 26, 2017 PACER
24

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. DONALD J. TRUMP served on 7/11/2017. (Ho, Dale) Modified to add party served on 7/27/2017 (znmw). (Entered: 07/26/2017)

July 26, 2017 PACER

MINUTE ORDER: The Court has received the 13 14 Motions for Admission Pro Hac Vice of attorneys Sophia Lin Lakin and Theresa J. Lee. The Motions are GRANTED CONTINGENT on each attorney filing a declaration, by AUGUST 18, 2017, certifying to the Court that they are familiar with the Local Rules of this Court. Signed by Judge Colleen Kollar-Kotelly on 8/11/2017. (lcckk1)

Aug. 11, 2017 PACER

Order on Motion for Leave to Appear Pro Hac Vice

Aug. 11, 2017 PACER
25

NOTICE of filing of Supplemental Declarations in Support of Motions for Admission Pro Hac Vice by AMERICAN CIVIL LIBERTIES UNION, AMERICAN CIVIL LIBERTIES UNION FOUNDATION (Attachments: # 1 Declaration of Sophia Lin Lakin, # 2 Declaration of Theresa J. Lee)(Ho, Dale) (Entered: 08/18/2017)

Aug. 18, 2017 PACER
26

Unopposed MOTION to Stay Defendants' Obligation to Answer or Otherwise Respond to the Complaint by MICHAEL PENCE, PRESIDENTIAL ADVISORY COMMISSION ON ELECTION INTEGRITY, DONALD J. TRUMP (Attachments: # 1 Text of Proposed Order)(Borson, Joseph) (Entered: 09/06/2017)

1 Text of Proposed Order

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Sept. 6, 2017 RECAP
27

ORDER. Defendants' obligation to answer or otherwise respond to the complaint is STAYED. Signed by Judge Randolph D. Moss on 9/8/2017. (lcckk1) (Entered: 09/08/2017)

Sept. 8, 2017 RECAP
28

Consent MOTION for Leave to File Amended Complaint by AMERICAN CIVIL LIBERTIES UNION, AMERICAN CIVIL LIBERTIES UNION FOUNDATION (Attachments: # 1 Amended Complaint, # 2 Summons for General Services Administration, # 3 Summons for Timothy Horne, # 4 Summons for M. Virginia Wills, # 5 Text of Proposed Order)(Ho, Dale) (Entered: 12/12/2017)

1 Amended Complaint

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2 Summons for General Services Administration

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3 Summons for Timothy Horne

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4 Summons for M. Virginia Wills

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5 Text of Proposed Order

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Dec. 12, 2017 RECAP

MINUTE ORDER: The Court has received Plaintiffs' 28 Consent Motion for Leave to File an Amended Complaint. In light of Plaintiffs' representation that Defendants have consented, the Court shall GRANT Plaintiffs' motion pursuant to Federal Rule of Civil Procedure 15(a)(2). The Clerk of the Court shall file the Amended Complaint attached to Plaintiffs' 28 Motion under a separate docket entry. With Plaintiffs' consent, the Court shall continue, with respect to the Amended Complaint, the stay of Defendants' obligation to answer or otherwise respond established by the Court's 27 Order. Signed by Judge Colleen Kollar-Kotelly on January 3, 2018. (lcckk1)

Jan. 3, 2018 PACER
29

NOTICE of Executive Order by MICHAEL R. PENCE, PRESIDENTIAL ADVISORY COMMISSION ON ELECTION INTEGRITY, DONALD J. TRUMP (Attachments: # 1 Exhibit Executive Order)(Borson, Joseph) (Entered: 01/03/2018)

Jan. 3, 2018 PACER
30

AMENDED COMPLAINT against MICHAEL R. PENCE, PRESIDENTIAL ADVISORY COMMISSION ON ELECTION INTEGRITY, DONALD J. TRUMP, TIMOTHY HORNE, M. VIRGINIA WILLS, GENERAL SERVICES ADMINISTRATION filed by AMERICAN CIVIL LIBERTIES UNION, AMERICAN CIVIL LIBERTIES UNION FOUNDATION.(znmw) (Entered: 01/04/2018)

Jan. 3, 2018 RECAP
31

SUMMONS (3) Issued Electronically as to GENERAL SERVICES ADMINISTRATION, TIMOTHY HORNE, M. VIRGINIA WILLS. (znmw) (Entered: 01/04/2018)

Jan. 4, 2018 PACER
32

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. GENERAL SERVICES ADMINISTRATION served on 1/10/2018 (Ho, Dale) (Entered: 01/17/2018)

Jan. 17, 2018 PACER
33

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. TIMOTHY HORNE served on 1/10/2018 (Ho, Dale) (Entered: 01/17/2018)

Jan. 17, 2018 PACER
34

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. M. VIRGINIA WILLS served on 1/11/2018 (Ho, Dale) (Entered: 01/17/2018)

Jan. 17, 2018 PACER

MINUTE ORDER: In light of the Court's Memorandum Opinion and Order in Lawyers' Committee for Civil Rights Under Law v. Presidential Advisory Commission on Election Integrity, No. 17-cv-1354 (CKK) (D.D.C. June 28, 2018), ECF No. 43, the Court shall lift the stay of Defendants' obligation to answer or otherwise respond to the 30 Amended Complaint in this matter. See Order, ECF No. 27 (imposing stay of obligation as to 1 Complaint pending Court's evaluation of certain materials in Lawyers' Committee); Min. Order of Jan. 3, 2018 (continuing stay as to 30 Amended Complaint). Defendants shall answer or otherwise respond to the 30 Amended Complaint by AUGUST 6, 2018. Signed by Judge Colleen Kollar-Kotelly on June 28, 2018. (lcckk1)

June 28, 2018 PACER

Set/Reset Deadlines: Answer or Response to Amended Complaint due by 8/6/2018. (kt)

June 29, 2018 PACER
35

Unopposed MOTION for Extension of Time to File Motion to Dismiss Amended Complaint by GENERAL SERVICES ADMINISTRATION, TIMOTHY HORNE, MICHAEL R. PENCE, PRESIDENTIAL ADVISORY COMMISSION ON ELECTION INTEGRITY, DONALD J. TRUMP, M. VIRGINIA WILLS (Attachments: # 1 Text of Proposed Order)(Borson, Joseph) (Entered: 07/24/2018)

July 24, 2018 PACER

MINUTE ORDER: The Court has received Defendants' 35 Unopposed Motion for an Extension of Time to File Their Motion to Dismiss. Defendants seek additional time so that "the parties can continue to discuss how the release of documents in a related case pending before this Court, Dunlap v. Presidential Advisory Commission on Election Integrity ('Dunlap'), No. 17-cv-2361 (CKK), may narrow or eliminate the issues outstanding in the present litigation." With Plaintiffs' consent, the Court GRANTS Defendants' 35 Unopposed Motion, for good cause shown. Defendants shall file their Motion to Dismiss by SEPTEMBER 5, 2018. Now that Defendants have indicated that they will file a motion to dismiss, rather than an answer, in response to Plaintiffs' 30 Amended Complaint, the Court also shall set deadlines for further briefing. Plaintiffs shall respond to the Motion to Dismiss by SEPTEMBER 19, 2018. Defendants' reply, if any, shall be due by SEPTEMBER 26, 2018. Signed by Judge Colleen Kollar-Kotelly on July 24, 2018. (lcckk1)

July 24, 2018 PACER

Set/Reset Deadlines: Defendants' Motion to Dismiss due by 9/5/2018. Response due by 9/19/2018. Reply due by 9/26/2018. (dot)

July 24, 2018 PACER

Set/Reset Deadlines: Defendants shall file their Motion to Dismiss by 9/5/2018; Plaintiffs shall respond to the Motion to Dismiss by 9/19/2018; Defendants' reply, if any, shall be due by 9/26/2018. (kt)

July 25, 2018 PACER
36

MOTION to Dismiss by GENERAL SERVICES ADMINISTRATION, TIMOTHY HORNE, MICHAEL R. PENCE, PRESIDENTIAL ADVISORY COMMISSION ON ELECTION INTEGRITY, DONALD J. TRUMP, M. VIRGINIA WILLS (Attachments: # 1 Memorandum in Support, # 2 Appendix, # 3 Text of Proposed Order)(Wolfe, Kristina) (Entered: 09/05/2018)

Sept. 5, 2018 PACER
37

Unopposed MOTION to Stay Proceedings and Hold Case in Abeyance by AMERICAN CIVIL LIBERTIES UNION, AMERICAN CIVIL LIBERTIES UNION FOUNDATION (Attachments: # 1 Text of Proposed Order)(Ho, Dale). Added MOTION to Hold in Abeyance on 9/18/2018 (ztd). (Entered: 09/12/2018)

Sept. 12, 2018 PACER

MINUTE ORDER: The Court has received Plaintiffs' 37 Unopposed Motion to Stay Proceedings and Hold Case in Abeyance. Plaintiffs indicate that developments in similar case, Dunlap v. Presidential Advisory Commission on Election Integrity, Civil Action No. 17-2361, may moot, or otherwise cause them to voluntarily dismiss, this case. Accordingly, Plaintiffs seek a stay of this case pending the resolution of Dunlap, including any appellate proceedings. With the consent of Defendants, and in the interest of judicial economy, the Court shall GRANT Plaintiffs' 37 Unopposed Motion. The Court shall hereby STAY proceedings in this case, including the deadline for Plaintiffs' response to Defendants' 36 Motion to Dismiss, pending the resolution of Dunlap, including any appellate proceedings. Within thirty days of such resolution of Dunlap or at such other time as the Court may order, the parties shall submit a Joint Status Report indicating how they intend to proceed. Signed by Judge Colleen Kollar-Kotelly on September 17, 2018. (lcckk1)

Sept. 17, 2018 PACER
38

NOTICE of Voluntary Dismissal by AMERICAN CIVIL LIBERTIES UNION, AMERICAN CIVIL LIBERTIES UNION FOUNDATION (Attachments: # 1 Text of Proposed Order)(Ho, Dale) (Entered: 07/20/2020)

1 Text of Proposed Order

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July 20, 2020 PACER
39

ORDER dismissing case without prejudice and denying 36 Defendants' Motion to Dismiss as moot. See Order for details. Signed by Judge Colleen Kollar-Kotelly on July 22, 2020. (lccck1) (Entered: 07/22/2020)

July 22, 2020 PACER

State / Territory: District of Columbia

Case Type(s):

Presidential/Gubernatorial Authority

Key Dates

Filing Date: July 10, 2017

Closing Date: July 22, 2020

Case Ongoing: No

Plaintiffs

Plaintiff Description:

The plaintiffs are non-profit, nationwide organizations focused on ensuring the principles of liberty and equality embodied in the Constitution and the nation’s civil rights laws, including laws protecting access to the rights to vote.

Plaintiff Type(s):

Non-profit NON-religious organization

Attorney Organizations:

ACLU National (all projects)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Presidential Advisory Commission on Election Integrity (Washington, D.C., District of Columbia), Federal

President of the United States, Federal

Vice President of the United States, Federal

Case Details

Causes of Action:

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

Mandamus, 28 U.S.C. § 1361

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Document/information produced

Source of Relief:

Litigation

Content of Injunction:

Preliminary relief denied