Case: NAACP Legal Defense & Education Fund v. Trump

1:17-cv-05427 | U.S. District Court for the Southern District of New York

Filed Date: July 18, 2017

Closed Date: 2018

Clearinghouse coding complete

Case Summary

On July 18, 2017, the NAACP Legal Defense & Education Fund (NAACP) filed this lawsuit in the U.S. District Court for the Southern District of New York. The NAACP joined with a number of non-profit organizations to sue President Donald J. Trump, members of the executive branch in their official capacities, and the Presidential Advisory Commission on Election Integrity (Commission) under the Federal Advisory Commission Act (FACA) and the Administrative Procedure Act (APA). The NAACP sought declar…

On July 18, 2017, the NAACP Legal Defense & Education Fund (NAACP) filed this lawsuit in the U.S. District Court for the Southern District of New York. The NAACP joined with a number of non-profit organizations to sue President Donald J. Trump, members of the executive branch in their official capacities, and the Presidential Advisory Commission on Election Integrity (Commission) under the Federal Advisory Commission Act (FACA) and the Administrative Procedure Act (APA). The NAACP sought declaratory and injunctive relief as well as a writ of mandamus. The case was originally assigned to Judge Gregory H. Woods but was reassigned to Judge Andrew L. Carter, Jr. on July 27, 2017.

The NAACP filed this case to enjoin the operation of the Commission because they alleged the President had neither constitutional nor statutory authority to create a new executive organ for the purpose of launching an investigation that targets individual or groups of voters. The NAACP claimed that this Commission was created to manufacture evidence supporting President Trump’s false claim of widespread voter fraud in the 2016 Presidential Election. The creation and operation of the Commission allegedly violated FACA, the APA, and the Fifth and Fifteenth Amendments.

On September 5, 2017, the NAACP filed its first amended complaint, requesting new declaratory relief and adding additional factual allegations. On October 20, 2017, the NAACP filed a second amended complaint, leaving the bulk of the complaint the same.

On November 3, 2017, the defendants filed a letter with the court in response to the plaintiff’s letter requesting a scheduling conference. Judge Carter construed the letter as a motion to stay and on November 17, 2017, stayed all proceedings until resolution of the motion to dismiss filed that day. The defendants asked the court to dismiss the case because the plaintiff lacked standing and failed to state a claim upon which relief could be granted.

On February 28, 2018, the NAACP filed a motion of voluntary dismissal. That same day, the court granted the motion and dismissed the case without prejudice. Parties beared their own costs and expenses. There has been no other activity on the docket, so the case is presumably closed.

Summary Authors

Jake Parker (7/19/2018)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/6133244/parties/naacp-legal-defense-educational-fund-inc-v-trump/


Judge(s)

Carter, Andrew Lamar Jr. (New York)

Attorneys(s) for Plaintiff

Cartagena, Juan (New York)

Chin, Jackson (New York)

Cuevas Ingram, Joanna Elise (New York)

Gomez Hernandez, Julia Alejandra (California)

Ifill, Sherrilyn (New York)

Kleinman, Rachel Miriam (New York)

Lopez, Burth (District of Columbia)

Merle, Natasha C. (New York)

Nelson, Janai S. (New York)

Judge(s)

Carter, Andrew Lamar Jr. (New York)

Attorneys(s) for Plaintiff

Cartagena, Juan (New York)

Chin, Jackson (New York)

Cuevas Ingram, Joanna Elise (New York)

Gomez Hernandez, Julia Alejandra (California)

Ifill, Sherrilyn (New York)

Kleinman, Rachel Miriam (New York)

Lopez, Burth (District of Columbia)

Merle, Natasha C. (New York)

Nelson, Janai S. (New York)

Perez, Jose-Luis (New York)

Saenz, Thomas A. (California)

Senteno, Andrea E. (District of Columbia)

Spital, Samuel (New York)

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]

Feb. 28, 2018 Docket
1

Complaint

July 18, 2017 Complaint
66

Second Amended Complaint

Oct. 20, 2017 Complaint
94

Order Granting Plaintiffs' Motion for Voluntary Dismissal

NAACP Legal Defense & Educational Fund, Inc. v. Trump

Feb. 28, 2018 Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6133244/naacp-legal-defense-educational-fund-inc-v-trump/

Last updated May 20, 2022, 4:36 a.m.

ECF Number Description Date Link
1

COMPLAINT against Kris W. Kobach, Michael R. Pence, Presidential Advisory Commission on Election Integrity, Donald J. Trump. (Filing Fee $ 400.00, Receipt Number 0208-13910300)Document filed by NAACP Legal Defense & Educational Fund, Inc., The Ordinary People Society.(Spital, Samuel) (Entered: 07/18/2017)

July 18, 2017 PACER
2

CIVIL COVER SHEET filed. (Spital, Samuel) (Entered: 07/18/2017)

July 18, 2017 PACER
3

FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR REQUEST FOR ISSUANCE OF SUMMONS as to Joon H. Kim, Acting U.S. Attorney for the Southern District of New York, re: 1 Complaint,. Document filed by NAACP Legal Defense & Educational Fund, Inc., The Ordinary People Society. (Spital, Samuel) Modified on 7/19/2017 (rch). (Entered: 07/18/2017)

July 18, 2017 PACER
4

FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR REQUEST FOR ISSUANCE OF SUMMONS as to Jeff Sessions, U.S. Attorney General, re: 1 Complaint,. Document filed by NAACP Legal Defense & Educational Fund, Inc., The Ordinary People Society. (Spital, Samuel) Modified on 7/19/2017 (rch). (Entered: 07/18/2017)

July 18, 2017 PACER
5

REQUEST FOR ISSUANCE OF SUMMONS as to Donald J. Trump, President of the United States, re: 1 Complaint,. Document filed by NAACP Legal Defense & Educational Fund, Inc., The Ordinary People Society. (Spital, Samuel) (Entered: 07/18/2017)

July 18, 2017 PACER
6

REQUEST FOR ISSUANCE OF SUMMONS as to Presidential Advisory Commission on Election Integrity, re: 1 Complaint,. Document filed by NAACP Legal Defense & Educational Fund, Inc., The Ordinary People Society. (Spital, Samuel) (Entered: 07/18/2017)

July 18, 2017 PACER
7

REQUEST FOR ISSUANCE OF SUMMONS as to Michael R. Pence, Vice President of the United States, re: 1 Complaint,. Document filed by NAACP Legal Defense & Educational Fund, Inc., The Ordinary People Society. (Spital, Samuel) (Entered: 07/18/2017)

July 18, 2017 PACER
8

REQUEST FOR ISSUANCE OF SUMMONS as to Kris W. Kobach, Kansas Secretary of State, re: 1 Complaint,. Document filed by NAACP Legal Defense & Educational Fund, Inc., The Ordinary People Society. (Spital, Samuel) (Entered: 07/18/2017)

July 18, 2017 PACER
9

RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by NAACP Legal Defense & Educational Fund, Inc..(Spital, Samuel) (Entered: 07/18/2017)

July 18, 2017 PACER
10

RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by The Ordinary People Society.(Spital, Samuel) (Entered: 07/18/2017)

July 18, 2017 PACER
11

NOTICE OF APPEARANCE by Samuel Spital on behalf of NAACP Legal Defense & Educational Fund, Inc., The Ordinary People Society. (Spital, Samuel) (Entered: 07/18/2017)

July 18, 2017 PACER
12

NOTICE OF APPEARANCE by Sherrilyn A. Ifill on behalf of NAACP Legal Defense & Educational Fund, Inc., The Ordinary People Society. (Ifill, Sherrilyn) (Entered: 07/18/2017)

July 18, 2017 PACER
13

NOTICE OF APPEARANCE by Rachel Miriam Kleinman on behalf of NAACP Legal Defense & Educational Fund, Inc., The Ordinary People Society. (Kleinman, Rachel) (Entered: 07/18/2017)

July 18, 2017 PACER
14

NOTICE OF APPEARANCE by Natasha Clarise Merle on behalf of NAACP Legal Defense & Educational Fund, Inc., The Ordinary People Society. (Merle, Natasha) (Entered: 07/18/2017)

July 18, 2017 PACER
15

ELECTRONIC SUMMONS ISSUED as to Donald J. Trump, U.S. Attorney and U.S. Attorney General. (rch) (Entered: 07/19/2017)

July 19, 2017 PACER
16

ELECTRONIC SUMMONS ISSUED as to Presidential Advisory Commission on Election Integrity, U.S. Attorney and U.S. Attorney General. (rch) (Entered: 07/19/2017)

July 19, 2017 PACER
17

ELECTRONIC SUMMONS ISSUED as to Michael R. Pence, U.S. Attorney and U.S. Attorney General. (rch) (Entered: 07/19/2017)

July 19, 2017 PACER
18

ELECTRONIC SUMMONS ISSUED as to Kris W. Kobach, U.S. Attorney and U.S. Attorney General. (rch) (Entered: 07/19/2017)

July 19, 2017 PACER

***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Samuel Spital to RE-FILE Document No. 4 Request for Issuance of Summons, 3 Request for Issuance of Summons,. The filing is deficient for the following reason(s): summonses requested for parties that are not on complaint;. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (rch)

July 19, 2017 PACER

CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Gregory H. Woods. Please download and review the Individual Practices of the assigned District Judge, located at http://nysd.uscourts.gov/judges/District. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at http://nysd.uscourts.gov/ecf_filing.php. (rch)

July 19, 2017 PACER

Magistrate Judge Kevin Nathaniel Fox is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: http://nysd.uscourts.gov/forms.php. (rch)

July 19, 2017 PACER

Case Designated ECF. (rch)

July 19, 2017 PACER
19

FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - SUMMONS RETURNED EXECUTED Summons and Complaint, served. Donald J. Trump served on 7/19/2017, answer due 8/9/2017. Service was accepted by Lisa Ahearn, Southern District of New York, Court Clerk. Document filed by NAACP Legal Defense & Educational Fund, Inc.; The Ordinary People Society. (Spital, Samuel) Modified on 8/3/2017 (kj). (Entered: 07/19/2017)

July 19, 2017 PACER
20

FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - SUMMONS RETURNED EXECUTED Summons and Complaint, served. Presidential Advisory Commission on Election Integrity served on 7/19/2017, answer due 8/9/2017. Service was accepted by Lisa Ahearn, Southern District of New York, Court Clerk. Document filed by NAACP Legal Defense & Educational Fund, Inc.; The Ordinary People Society. (Spital, Samuel) Modified on 8/3/2017 (kj). (Entered: 07/19/2017)

July 19, 2017 PACER
21

FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - SUMMONS RETURNED EXECUTED Summons and Complaint, served. Michael R. Pence served on 7/19/2017, answer due 8/9/2017. Service was accepted by Lisa Ahearn, Southern District of New York, Court Clerk. Document filed by NAACP Legal Defense & Educational Fund, Inc.; The Ordinary People Society. (Spital, Samuel) Modified on 8/3/2017 (kj). (Entered: 07/19/2017)

July 19, 2017 PACER
22

FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - SUMMONS RETURNED EXECUTED Summons and Complaint, served. Kris W. Kobach served on 7/19/2017, answer due 8/9/2017. Service was accepted by Lisa Ahearn, Southern District of New York, Court Clerk. Document filed by NAACP Legal Defense & Educational Fund, Inc.; The Ordinary People Society. (Spital, Samuel) Modified on 8/3/2017 (kj). (Entered: 07/19/2017)

July 19, 2017 PACER

***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Samuel Spital to RE-FILE Document 21 Summons Returned Executed, 22 Summons Returned Executed, 19 Summons Returned Executed, 20 Summons Returned Executed,. Use the event type Summons Returned Executed as to USA found under the event list Service of Process. (kj)

July 19, 2017 PACER
23

NOTICE OF APPEARANCE by Janai Nelson on behalf of NAACP Legal Defense & Educational Fund, Inc., The Ordinary People Society. (Nelson, Janai) (Entered: 07/25/2017)

July 25, 2017 PACER

NOTICE OF CASE REASSIGNMENT to Judge Andrew L. Carter, Jr. Judge Gregory H. Woods is no longer assigned to the case. (tro)

July 27, 2017 PACER
24

NOTICE OF APPEARANCE by Elizabeth J Shapiro on behalf of Kris W. Kobach, Michael R. Pence, Presidential Advisory Commission on Election Integrity, Donald J. Trump. (Shapiro, Elizabeth) (Entered: 08/03/2017)

Aug. 3, 2017 RECAP
25

NOTICE OF APPEARANCE by Joseph Evan Borson on behalf of Kris W. Kobach, Michael R. Pence, Presidential Advisory Commission on Election Integrity, Donald J. Trump. (Borson, Joseph) (Entered: 08/03/2017)

Aug. 3, 2017 PACER
26

NOTICE OF APPEARANCE by Kristina Wolfe on behalf of Kris W. Kobach, Michael R. Pence, Presidential Advisory Commission on Election Integrity, Donald J. Trump. (Wolfe, Kristina) (Entered: 08/03/2017)

Aug. 3, 2017 PACER
27

SUMMONS RETURNED EXECUTED. Donald J. Trump served on 7/19/2017, answer due 9/18/2017. Service was accepted by Lisa Ahearn. Document filed by NAACP Legal Defense & Educational Fund, Inc.; The Ordinary People Society. (Spital, Samuel) (Entered: 08/03/2017)

Aug. 3, 2017 PACER
28

NOTICE OF APPEARANCE by Carol Federighi on behalf of Kris W. Kobach, Michael R. Pence, Presidential Advisory Commission on Election Integrity, Donald J. Trump. (Federighi, Carol) (Entered: 08/03/2017)

Aug. 3, 2017 PACER
29

SUMMONS RETURNED EXECUTED. Presidential Advisory Commission on Election Integrity served on 7/19/2017, answer due 9/18/2017. Service was accepted by Lisa Ahearn. Document filed by NAACP Legal Defense & Educational Fund, Inc.; The Ordinary People Society. (Spital, Samuel) (Entered: 08/03/2017)

Aug. 3, 2017 PACER
30

SUMMONS RETURNED EXECUTED. Michael R. Pence served on 7/19/2017, answer due 9/18/2017. Service was accepted by Lisa Ahearn, Clerk of Court, Southern District of New York. Document filed by NAACP Legal Defense & Educational Fund, Inc.; The Ordinary People Society. (Spital, Samuel) (Entered: 08/03/2017)

Aug. 3, 2017 PACER
31

SUMMONS RETURNED EXECUTED. Kris W. Kobach served on 7/19/2017, answer due 9/18/2017. Service was accepted by Lisa Ahearn, Clerk of Court, Southern District of New York. Document filed by NAACP Legal Defense & Educational Fund, Inc.; The Ordinary People Society. (Spital, Samuel) (Entered: 08/03/2017)

Aug. 3, 2017 PACER
32

SUMMONS RETURNED EXECUTED. All Defendants. Service was made by MAIL. Document filed by NAACP Legal Defense & Educational Fund, Inc., The Ordinary People Society. (Spital, Samuel) (Entered: 08/03/2017)

Aug. 3, 2017 PACER
33

SUMMONS RETURNED EXECUTED. Service was made by MAIL. Document filed by NAACP Legal Defense & Educational Fund, Inc., The Ordinary People Society. (Spital, Samuel) (Entered: 08/03/2017)

Aug. 3, 2017 PACER
34

SUMMONS RETURNED EXECUTED. Service was made by MAIL. Document filed by NAACP Legal Defense & Educational Fund, Inc., The Ordinary People Society. (Spital, Samuel) (Entered: 08/03/2017)

Aug. 3, 2017 PACER
35

SUMMONS RETURNED EXECUTED. Service was made by MAIL. Document filed by NAACP Legal Defense & Educational Fund, Inc., The Ordinary People Society. (Spital, Samuel) (Entered: 08/28/2017)

Aug. 28, 2017 PACER
36

SUMMONS RETURNED EXECUTED. Service was made by MAIL. Document filed by NAACP Legal Defense & Educational Fund, Inc., The Ordinary People Society. (Spital, Samuel) (Entered: 08/28/2017)

Aug. 28, 2017 PACER
37

LETTER MOTION for Leave to File Amended Complaint addressed to Judge Andrew L. Carter, Jr. from Natasha C. Merle dated August 30, 2017. Document filed by NAACP Legal Defense & Educational Fund, Inc., The Ordinary People Society. (Attachments: # 1 First Amended Complaint, # 2 Text of Proposed Order)(Merle, Natasha) (Entered: 08/30/2017)

1 First Amended Complaint

View on PACER

2 Text of Proposed Order

View on PACER

Aug. 30, 2017 PACER
38

ORDER granting PLAINTIFFS' UNOPPOSED MOTION FOR LEAVE TO FILE FIRST AMENDED COMPLAINT 37 Letter Motion for Leave to File Document. This matter is before the Court on Plaintiffs' Unopposed Motion for Leave to file a First Amended Complaint. Plaintiffs' Motion is hereby GRANTED. (Signed by Judge Andrew L. Carter, Jr on 8/31/17) (yv) (Entered: 08/31/2017)

Aug. 31, 2017 PACER
39

FIRST AMENDED COMPLAINT amending 1 Complaint, against Kris W. Kobach, Michael R. Pence, Presidential Advisory Commission on Election Integrity, Donald J. Trump.Document filed by The Ordinary People Society, NAACP Legal Defense & Educational Fund, Inc., #HealSTL, Hispanic Federation, Mi Familia Vota, National Association For The Advancement Of Colored People Pennsylvania State Conference, Labor Council For Latin American Advancement, National Association For The Advancement Of Colored People Florida State Conference, Southwest Voter Registration Education Project. Related document: 1 Complaint,.(Merle, Natasha) (Entered: 09/05/2017)

Sept. 5, 2017 RECAP
40

NOTICE OF APPEARANCE by Samuel Spital on behalf of #HealSTL, Hispanic Federation, NAACP Legal Defense & Educational Fund, Inc., National Association For The Advancement Of Colored People Florida State Conference, National Association For The Advancement Of Colored People Pennsylvania State Conference, The Ordinary People Society. (Spital, Samuel) (Entered: 09/06/2017)

Sept. 6, 2017 PACER
41

NOTICE OF APPEARANCE by Sherrilyn A. Ifill on behalf of #HealSTL, Hispanic Federation, NAACP Legal Defense & Educational Fund, Inc., National Association For The Advancement Of Colored People Florida State Conference, National Association For The Advancement Of Colored People Pennsylvania State Conference, The Ordinary People Society. (Ifill, Sherrilyn) (Entered: 09/06/2017)

Sept. 6, 2017 PACER
42

NOTICE OF APPEARANCE by Janai Nelson on behalf of #HealSTL, Hispanic Federation, NAACP Legal Defense & Educational Fund, Inc., National Association For The Advancement Of Colored People Florida State Conference, National Association For The Advancement Of Colored People Pennsylvania State Conference, The Ordinary People Society. (Nelson, Janai) (Entered: 09/06/2017)

Sept. 6, 2017 PACER
43

NOTICE OF APPEARANCE by Rachel Miriam Kleinman on behalf of #HealSTL, Hispanic Federation, NAACP Legal Defense & Educational Fund, Inc., National Association For The Advancement Of Colored People Florida State Conference, National Association For The Advancement Of Colored People Pennsylvania State Conference, The Ordinary People Society. (Kleinman, Rachel) (Entered: 09/06/2017)

Sept. 6, 2017 PACER
44

NOTICE OF APPEARANCE by Natasha Clarise Merle on behalf of #HealSTL, Hispanic Federation, NAACP Legal Defense & Educational Fund, Inc., National Association For The Advancement Of Colored People Florida State Conference, National Association For The Advancement Of Colored People Pennsylvania State Conference, The Ordinary People Society. (Merle, Natasha) (Entered: 09/06/2017)

Sept. 6, 2017 PACER
45

RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by #HealSTL.(Spital, Samuel) (Entered: 09/15/2017)

Sept. 15, 2017 PACER
46

RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by National Association For The Advancement Of Colored People Pennsylvania State Conference.(Spital, Samuel) (Entered: 09/15/2017)

Sept. 15, 2017 PACER
47

RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by National Association For The Advancement Of Colored People Florida State Conference.(Spital, Samuel) (Entered: 09/15/2017)

Sept. 15, 2017 PACER
48

RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Hispanic Federation.(Spital, Samuel) (Entered: 09/15/2017)

Sept. 15, 2017 PACER
49

LETTER addressed to Judge Andrew L. Carter, Jr. from Defendants dated Sept. 18, 2017 re: Pre-Motion Conference re: Anticipated Motion to Dismiss. Document filed by Kris W. Kobach, Michael R. Pence, Presidential Advisory Commission on Election Integrity, Donald J. Trump.(Borson, Joseph) (Entered: 09/18/2017)

Sept. 18, 2017 RECAP
50

NOTICE OF APPEARANCE by Julia Alejandra Gomez Hernandez on behalf of Labor Council For Latin American Advancement, Mi Familia Vota, Southwest Voter Registration Education Project. (Gomez Hernandez, Julia) (Entered: 09/19/2017)

Sept. 19, 2017 PACER
51

RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Labor Council For Latin American Advancement.(Gomez Hernandez, Julia) (Entered: 09/19/2017)

Sept. 19, 2017 PACER
52

RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Southwest Voter Registration Education Project.(Gomez Hernandez, Julia) (Entered: 09/19/2017)

Sept. 19, 2017 PACER
53

FILING ERROR - WRONG FILER SELECTED - RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Southwest Voter Registration Education Project.(Gomez Hernandez, Julia) Modified on 9/20/2017 (lb). (Entered: 09/19/2017)

Sept. 19, 2017 PACER
54

NOTICE OF APPEARANCE by Joanna Elise Cuevas Ingram on behalf of Hispanic Federation. (Cuevas Ingram, Joanna) (Entered: 09/20/2017)

Sept. 20, 2017 PACER
55

RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Mi Familia Vota.(Gomez Hernandez, Julia) (Entered: 09/20/2017)

Sept. 20, 2017 PACER

***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Julia Alejandra Gomez Hernandez to RE-FILE Document 53 Rule 7.1 Corporate Disclosure Statement,. ERROR(S): Wrong Filer Selected. (lb)

Sept. 20, 2017 PACER
56

LETTER addressed to Judge Andrew L. Carter, Jr. from Natasha Merle dated September 21, 2017 re: Defendants' Sept. 18, 2017 Letter re: Pre-Motion Conference (Doc. 49). Document filed by #HealSTL, Hispanic Federation, Labor Council For Latin American Advancement, Mi Familia Vota, NAACP Legal Defense & Educational Fund, Inc., National Association For The Advancement Of Colored People Florida State Conference, National Association For The Advancement Of Colored People Pennsylvania State Conference, Southwest Voter Registration Education Project, The Ordinary People Society.(Merle, Natasha) (Entered: 09/21/2017)

Sept. 21, 2017 PACER
57

ORDER SETTING CONFERENCE: This case has been assigned to the undersigned for all purposes. Attorneys for all parties are directed to attend an Initial Pretrial Conference before the undersigned, in accordance with Rule 16 of the Federal Rules of Civil Procedure, on October 13, 2017, at 3:00 p.m. in Courtroom 1306 at the Thurgood Marshall United States Courthouse, 40 Foley Square, New York, New York. The parties should be prepared to discuss Defendants' pre-motion conference letter seeking to file a motion to dismiss. Requests for adjournment of the Initial Pretrial Conference will be considered only if made in writing and in accordance with the undersigned's Individual Practices. Initial Conference set for 10/13/2017 at 03:00 PM in Courtroom 1306, 40 Foley Square, New York, NY 10007 before Judge Andrew L. Carter Jr. (Signed by Judge Andrew L. Carter, Jr on 9/26/2017) (rj) (Entered: 09/27/2017)

Sept. 26, 2017 RECAP
58

FIRST MOTION for Burt G Lopez to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14202260. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Labor Council For Latin American Advancement, Mi Familia Vota, Southwest Voter Registration Education Project. (Attachments: # 1 Affidavit Affidavit and Exhibit, # 2 Text of Proposed Order Proposed Order)(Lopez, Burth) (Entered: 10/03/2017)

1 Affidavit Affidavit and Exhibit

View on PACER

2 Text of Proposed Order Proposed Order

View on PACER

Oct. 3, 2017 PACER

>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 58 FIRST MOTION for Burt G Lopez to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14202260. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (jc)

Oct. 4, 2017 PACER
59

NOTICE OF APPEARANCE by Jose-Luis Perez on behalf of Hispanic Federation. (Perez, Jose-Luis) (Entered: 10/05/2017)

Oct. 5, 2017 PACER
60

FIRST MOTION for Andrea E. E. Senteno to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14216167. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Labor Council For Latin American Advancement, Mi Familia Vota, Southwest Voter Registration Education Project. (Attachments: # 1 Affidavit Pro Hac Vice Affidavit and Certificate of Good Standing, # 2 Text of Proposed Order Pro Hac Vice Proposed Order)(Senteno, Andrea) (Entered: 10/06/2017)

1 Affidavit Pro Hac Vice Affidavit and Certificate of Good Standing

View on PACER

2 Text of Proposed Order Pro Hac Vice Proposed Order

View on PACER

Oct. 6, 2017 PACER
61

ORDER FOR ADMISSION PRO HAC VICE granting 58 Motion for Burt G Lopez to Appear Pro Hac Vice. (Signed by Judge Andrew L. Carter, Jr on 10/6/2017) (rj) (Entered: 10/06/2017)

Oct. 6, 2017 PACER

>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 60 FIRST MOTION for Andrea E. E. Senteno to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14216167. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (jc)

Oct. 6, 2017 PACER
62

ORDER FOR ADMISSION PRO HAC VICE granting 60 Motion for Andrea E. E. Senteno to Appear Pro Hac Vice. (Signed by Judge Andrew L. Carter, Jr on 10/10/2017) (rj) (Entered: 10/10/2017)

Oct. 10, 2017 PACER
63

NOTICE OF CHANGE OF ADDRESS by Natasha Clarise Merle on behalf of #HealSTL, Hispanic Federation, NAACP Legal Defense & Educational Fund, Inc., National Association For The Advancement Of Colored People Florida State Conference, National Association For The Advancement Of Colored People Pennsylvania State Conference, The Ordinary People Society. New Address: NAACP Legal Defense & Educational Fund, Inc., 40 Rector Street, 5th Floor, New York, NY, United States 10006, (212) 965-2200. (Merle, Natasha) (Entered: 10/11/2017)

Oct. 11, 2017 PACER
64

ORDER: The Initial Pretrial Conference before the undersigned is scheduled for tomorrow, October 13, 2017, at 3:00 p.m. in Courtroom 1306 at the Thurgood Marshall United States Courthouse, 40 Foley Square, New York, New York. In addition, in light of the number of Plaintiffs' attorneys who may be appearing in this matter, and in an effort to streamline tomorrow's conference, the Court requests that Plaintiffs select one attorney to address each issue, although different attorneys may address different issues. (As further set forth in this Order.) (Signed by Judge Andrew L. Carter, Jr on 10/12/2017) (cf) (Entered: 10/12/2017)

Oct. 12, 2017 PACER

Minute Entry for proceedings held before Judge Andrew L. Carter, Jr: Pre-Motion Conference held on 10/13/2017. See Docket No. 65 for complete details. Court Reporter: Tom Murray. (tdh)

Oct. 13, 2017 PACER
65

ORDER: The Court held a pre-motion conference on October 13, 2017. As discussed at the conference, the Court grants plaintiffs leave to file a second amended complaint. The complaint must be filed on or before October 20, 2017. In addition, the following briefing schedule was set for defendants' anticipated Rule 12 motion: Defendants' Motion: November 17, 2017. Plaintiffs' Opposition: December 8, 2017. Defendants' Reply: December 20, 2017. SO ORDERED (Signed by Judge Andrew L. Carter, Jr on 10/16/2017) (rj) (Entered: 10/16/2017)

Oct. 16, 2017 RECAP
66

SECOND AMENDED COMPLAINT amending 1 Complaint, 39 Amended Complaint,, against Kris W. Kobach, Michael R. Pence, Presidential Advisory Commission on Election Integrity, Donald J. Trump.Document filed by National Association For The Advancement Of Colored People Pennsylvania State Conference, National Association For The Advancement Of Colored People Florida State Conference, Hispanic Federation, #HealSTL, The Ordinary People Society, NAACP Legal Defense & Educational Fund, Inc., Southwest Voter Registration Education Project, Labor Council For Latin American Advancement, Mi Familia Vota. Related document: 1 Complaint, 39 Amended Complaint,,.(Merle, Natasha) (Entered: 10/20/2017)

Oct. 20, 2017 RECAP
67

LETTER addressed to Judge Andrew L. Carter, Jr. from Rachel Kleinman dated Oct. 27, 2017 re: Re: Scheduling Conference or Pre-Motion Conference Re: Anticipated Motion to Compel. Document filed by #HealSTL, Hispanic Federation, Labor Council For Latin American Advancement, Mi Familia Vota, NAACP Legal Defense & Educational Fund, Inc., National Association For The Advancement Of Colored People Florida State Conference, National Association For The Advancement Of Colored People Pennsylvania State Conference, Southwest Voter Registration Education Project, The Ordinary People Society. (Attachments: # 1 Exhibit A. Email from Merle to Wolfe 10/13/2017, # 2 Exhibit B. Email from Wolfe to Merle 10/13/2017, # 3 Exhibit C. Email from Merle to Wolfe 10/16/2017, # 4 Exhibit D. Email from Wolfe to Merle 10/17/2017, # 5 Exhibit E. Email from Merle to Wolfe 10/24/2017, # 6 Exhibit F. Email from Wolfe to Merle 10/25/2017, # 7 Exhibit G. Email from Merle to Wolfe 10/26/2017, # 8 Exhibit H. Email from Wolfe to Merle 10/26/2017)(Kleinman, Rachel) (Entered: 10/27/2017)

1 Exhibit A. Email from Merle to Wolfe 10/13/2017

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2 Exhibit B. Email from Wolfe to Merle 10/13/2017

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3 Exhibit C. Email from Merle to Wolfe 10/16/2017

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4 Exhibit D. Email from Wolfe to Merle 10/17/2017

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5 Exhibit E. Email from Merle to Wolfe 10/24/2017

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6 Exhibit F. Email from Wolfe to Merle 10/25/2017

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7 Exhibit G. Email from Merle to Wolfe 10/26/2017

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8 Exhibit H. Email from Wolfe to Merle 10/26/2017

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Oct. 27, 2017 RECAP
68

ORDER: The Court has received Plaintiff's October 27, 2017 letter regarding discovery. Defendants must file their response, if any, on or before November 3, 2017. (Signed by Judge Andrew L. Carter, Jr on 10/30/2017) (rj) (Entered: 10/30/2017)

Oct. 30, 2017 PACER
69

LETTER addressed to Judge Andrew L. Carter, Jr. from Kristina Wolfe dated November 3, 2017 re: Response to Letter from Rachel Kleinman dated Oct. 27, 2017, and Request for Pre-Motion Conference Re: Anticipated Motion to Stay Discovery. Document filed by Kris W. Kobach, Michael R. Pence, Presidential Advisory Commission on Election Integrity, Donald J. Trump.(Wolfe, Kristina) (Entered: 11/03/2017)

Nov. 3, 2017 RECAP
70

MEMO ENDORSEMENT on re: 69 Letter regarding Response to Letter from Rachel Kleinman dated Oct. 27, 2017, and Request for Pre-Motion Conference Re: Anticipated Motion to Stay Discovery, filed by Presidential Advisory Commission on Election Integrity, Michael R. Pence, Kris W. Kobach, Donald J. Trump. ENDORSEMENT: THE COURT CONSTRUES THE ABOVE LETTER AS A MOTION TO STAY DISCOVERY. PURSUANT TO PLAINTIFFS' REQUEST IN THEIR OCTOBER 27, 2017 LETTER, THEY MAY FILE A RESPONSIVE LETTER ON ECF NO LATER THAN NOVEMBER 9, 2017. AS THE MOVING PARTY, DEFENDANTS MAY FILE A LETTER IN REPLY NO LATER THAN NOVEMBER 13, 2017. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 11/6/2017) (rj) (Entered: 11/06/2017)

Nov. 6, 2017 PACER
71

CONSENT LETTER MOTION for Leave to File Excess Pages addressed to Judge Andrew L. Carter, Jr. from Kristina Wolfe dated November 8, 2017. Document filed by Kris W. Kobach, Michael R. Pence, Presidential Advisory Commission on Election Integrity, Donald J. Trump.(Wolfe, Kristina) (Entered: 11/08/2017)

Nov. 8, 2017 PACER
72

ORDER granting 71 CONSENT LETTER MOTION for Leave to File Excess Pages addressed to Judge Andrew L. Carter, Jr. from Kristina Wolfe dated November 8, 2017. Document filed by Kris W. Kobach, Michael R. Pence, Presidential Advisory Commission on Election Integrity, Donald J. Trump. THE PARTIES' REQUEST IS GRANTED. THE PARTIES MAY FILE BRIEFS OF EXCESS PAGE LENGTH AS INDICATED ABOVE. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 11/8/2017) (rjm) (Entered: 11/09/2017)

Nov. 8, 2017 PACER
73

LETTER addressed to Judge Andrew L. Carter, Jr. from Natasha Merle dated November 9, 2017 re: Plaintiffs' Opposition to Defendants' Motion to Stay Discovery. Document filed by #HealSTL, Hispanic Federation, Labor Council For Latin American Advancement, Mi Familia Vota, NAACP Legal Defense & Educational Fund, Inc., National Association For The Advancement Of Colored People Florida State Conference, National Association For The Advancement Of Colored People Pennsylvania State Conference, Southwest Voter Registration Education Project, The Ordinary People Society. (Attachments: # 1 Exhibit A - Excerpt of Oct 13 2017 Hearing)(Merle, Natasha) (Entered: 11/09/2017)

1 Exhibit A - Excerpt of Oct 13 2017 Hearing

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Nov. 9, 2017 PACER
74

LETTER addressed to Judge Andrew L. Carter, Jr. from Kristina Wolfe dated November 13, 2017 re: Defendants' Reply in Support of Motion to Stay Discovery. Document filed by Kris W. Kobach, Michael R. Pence, Presidential Advisory Commission on Election Integrity, Donald J. Trump.(Wolfe, Kristina) (Entered: 11/13/2017)

Nov. 13, 2017 RECAP
75

TRANSCRIPT of Proceedings re: conference held on 10/13/2017 before Judge Andrew L. Carter, Jr.. Court Reporter/Transcriber: Thomas Murray, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 12/6/2017. Redacted Transcript Deadline set for 12/18/2017. Release of Transcript Restriction set for 2/13/2018.(McGuirk, Kelly) (Entered: 11/15/2017)

Nov. 15, 2017 PACER
76

NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 10/13/17 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly) (Entered: 11/15/2017)

Nov. 15, 2017 PACER
77

ORDER: A number of components of Defendants' pending motion are certainly arguable based on the limited record before the Court. However, the Court concludes that Defendants have demonstrated good cause for a stay in discovery while their motion to dismiss is pending, because of the potential burdens that the proposed discovery would impose upon them and the lack of prejudice to Plaintiffs that would result from a brief stay of discovery. Accordingly, Defendants' motion to stay discovery is GRANTED. Discovery in this matter is hereby stayed until a decision is rendered on Defendants' motion to dismiss. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 11/17/2017) (rj) (Entered: 11/17/2017)

Nov. 17, 2017 PACER
78

MOTION to Dismiss . Document filed by Kris W. Kobach, Michael R. Pence, Presidential Advisory Commission on Election Integrity, Donald J. Trump. Responses due by 12/8/2017 (Attachments: # 1 Memorandum of Law, # 2 Federighi Declaration, # 3 Exhibit A to Federighi Decl, # 4 Exhibit B to Federighi Decl, # 5 Exhibit C to Federighi Decl, # 6 Exhibit D to Federighi Decl)(Federighi, Carol) (Entered: 11/17/2017)

1 Memorandum of Law

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2 Federighi Declaration

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3 Exhibit A to Federighi Decl

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4 Exhibit B to Federighi Decl

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5 Exhibit C to Federighi Decl

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6 Exhibit D to Federighi Decl

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Nov. 17, 2017 PACER
79

MEMORANDUM OF LAW in Opposition re: 78 MOTION to Dismiss . . Document filed by #HealSTL, Hispanic Federation, Labor Council For Latin American Advancement, Mi Familia Vota, NAACP Legal Defense & Educational Fund, Inc., National Association For The Advancement Of Colored People Florida State Conference, National Association For The Advancement Of Colored People Pennsylvania State Conference, Southwest Voter Registration Education Project, The Ordinary People Society. (Attachments: # 1 Declaration of Natasha C. Merle, # 2 Exhibit A - Doc Index, # 3 Exhibit B - Dunlap Compl, # 4 Exhibit C - Flynn Decl, # 5 Exhibit D - Kobach Statement)(Merle, Natasha) (Entered: 12/08/2017)

1 Declaration of Natasha C. Merle

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2 Exhibit A - Doc Index

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3 Exhibit B - Dunlap Compl

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4 Exhibit C - Flynn Decl

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5 Exhibit D - Kobach Statement

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Dec. 8, 2017 PACER
80

REPLY MEMORANDUM OF LAW in Support re: 78 MOTION to Dismiss . . Document filed by Kris W. Kobach, Michael R. Pence, Presidential Advisory Commission on Election Integrity, Donald J. Trump. (Federighi, Carol) (Entered: 12/20/2017)

Dec. 20, 2017 PACER
81

LETTER addressed to Judge Andrew L. Carter, Jr. from Carol Federighi dated December 22, 2017 re: Notice of Recent Authority. Document filed by Kris W. Kobach, Michael R. Pence, Presidential Advisory Commission on Election Integrity, Donald J. Trump. (Attachments: # 1 Exhibit CREW v. Trump decision)(Federighi, Carol) (Entered: 12/22/2017)

1 Exhibit CREW v. Trump decision

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Dec. 22, 2017 RECAP
82

LETTER addressed to Judge Andrew L. Carter, Jr. from Natasha Merle dated December 27, 2017 re: Reply to Defendants' letter Notice of Recent Authority dated Dec. 22, 2017. Document filed by #HealSTL, Hispanic Federation, Labor Council For Latin American Advancement, Mi Familia Vota, NAACP Legal Defense & Educational Fund, Inc., National Association For The Advancement Of Colored People Florida State Conference, National Association For The Advancement Of Colored People Pennsylvania State Conference, Southwest Voter Registration Education Project, The Ordinary People Society. (Attachments: # 1 Ex. A Dunlap Opinion)(Merle, Natasha) (Entered: 12/27/2017)

1 Ex. A Dunlap Opinion

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Dec. 27, 2017 RECAP
87

LETTER addressed to Judge Andrew L. Carter, Jr. from Kristina Wolfe dated January 18, 2018 re: Defendants' January 3, 2018, Letter. Document filed by Michael R. Pence, Presidential Advisory Commission on Election Integrity, Donald J. Trump.

Jan. 18, 2018
83

MOTION for Joanna Elise Cuevas Ingram to Withdraw as Attorney for Plaintiff Hispanic Federation. Document filed by Hispanic Federation. (Attachments: # 1 Text of Proposed Order, # 2 Affidavit Certificate of Service)(Cuevas Ingram, Joanna) (Entered: 12/29/2017)

1 Text of Proposed Order

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2 Affidavit Certificate of Service

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Dec. 29, 2017 RECAP
89

STATUS REPORT. (Joint) Document filed by #HealSTL, Hispanic Federation, Labor Council For Latin American Advancement, Mi Familia Vota, NAACP Legal Defense & Educational Fund, Inc., National Association For The Advancement Of Colored People Florida State Conference, National Association For The Advancement Of Colored People Pennsylvania State Conference, Southwest Voter Registration Education Project, The Ordinary People Society.(Merle, Natasha) (Entered: 02/07/2018)

Feb. 7, 2018
84

ORDER GRANTING MOTION TO WITHDRAW AS COUNSEL FOR PLAINTIFF: granting 83 Motion to Withdraw as Attorney. As attorneys from Latino Justice PRLDEF and NAACP Legal Defense & Educational Fund (LDF) will remain co-counsel for the Plaintiff Hispanic Federation and no party will be prejudiced in this matter, the Court hereby grants the motion of Joanna Elise Cuevas Ingram and authorizes her withdrawal as counsel of record for Plaintiffs in this matter. SO ORDERED. Attorney Joanna Elise Cuevas Ingram terminated. (Signed by Judge Andrew L. Carter, Jr on 1/03/2018) (ama) (Entered: 01/03/2018)

Jan. 3, 2018 PACER
90

MEMO ENDORSEMENT: on re: 89 Status Report, filed by The Ordinary People Society, #HealSTL, Mi Familia Vota, NAACP Legal Defense & Educational Fund, Inc., National Association For The Advancement Of Colored People Pennsylvania State Conference, Hispanic Federation, Southwest Voter Registration Education Project, Labor Council For Latin American Advancement, National Association For The Advancement Of Colored People Florida State Conference. ENDORSEMENT: THE PARTIES ARE ORDERED TO PROVIDE A JOINT STATUS REPORT ON OR BEFORE FEBRUARY 28, 2018. (Signed by Judge Andrew L. Carter, Jr on 2/8/2018) (ap) (Entered: 02/08/2018)

Feb. 8, 2018

***NOTICE TO ATTORNEY TO RE−FILE DOCUMENT − EVENT TYPE ERROR. Notice to Attorney Jackson Chin to RE−FILE Document 85 FIRST MOTION for Leave to Appear of Counsel . Use the event type Notice of Appearance found under the event list Notices. (ldi) (Entered: 02/13/2018)

Feb. 13, 2018
85

FIRST MOTION for Leave to Appear of Counsel . Document filed by Hispanic Federation.(Chin, Jackson) (Entered: 01/03/2018)

Jan. 3, 2018 RECAP
86

LETTER addressed to Judge Andrew L. Carter, Jr. from Carol Federighi dated 1/3/2018 re: Notice of Executive Order. Document filed by Kris W. Kobach, Michael R. Pence, Presidential Advisory Commission on Election Integrity, Donald J. Trump.(Federighi, Carol) (Entered: 01/03/2018)

Jan. 3, 2018 RECAP

State / Territory: New York

Case Type(s):

Presidential/Gubernatorial Authority

Key Dates

Filing Date: July 18, 2017

Closing Date: 2018

Case Ongoing: No reason to think so

Plaintiffs

Plaintiff Description:

NAACP Legal Defense & Education Fund

Plaintiff Type(s):

Non-profit NON-religious organization

Attorney Organizations:

NAACP Legal Defense Fund

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

United States, Federal

Case Details

Causes of Action:

Ex Parte Young (Federal) or Bivens

Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.

Constitutional Clause(s):

Due Process

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Form of Settlement:

Voluntary Dismissal