Case: Coalition for Good Governance v. Raffensperger

1:20-cv-01677 | U.S. District Court for the Northern District of Georgia

Filed Date: April 20, 2020

Case Ongoing

Clearinghouse coding complete

Case Summary

NOTE: This case is being tracked in close to real time by the Stanford/MIT Healthy Elections Project. So for more current information, see their tracker. COVID-19 Summary: This suit was brought on April 20 by a nonprofit organization and five voter plaintiffs against the state of Georgia to challenge various provisions of Georgia’s election system. The plaintiffs sought an order requiring the defendants to postpone the June elections by three weeks, replace hand-marked paper ballots to a touc…

NOTE: This case is being tracked in close to real time by the Stanford/MIT Healthy Elections Project. So for more current information, see their tracker. COVID-19 Summary: This suit was brought on April 20 by a nonprofit organization and five voter plaintiffs against the state of Georgia to challenge various provisions of Georgia’s election system. The plaintiffs sought an order requiring the defendants to postpone the June elections by three weeks, replace hand-marked paper ballots to a touchscreen, allow curbside voting, and to require safer conditions for election workers among other proposed remedies. On May 11, the defendants submitted a motion to dismiss the complaint, which the court granted on May 14. The plaintiffs filed a motion for reconsideration with a motion to expedite, which was denied on May 26. The plaintiffs have since filed an appeal to the Eleventh Circuit.


On April 20, 2020, a nonprofit organization and five voter plaintiffs filed a suit against the Secretary of State of Georgia and the Georgia State Election Board to challenge various provisions of Georgia’s election system. The plaintiffs alleged that the defendants did not take adequate voting safety measures in response to COVID-19, which violated due process and equal protection against the Fourteenth Amendment. The plaintiffs brought this lawsuit as a declaratory action under 28 U.S.C. § § 2201-02 and as an injunctive action under 42 U.S.C. § 1983, and sought an order requiring the defendants to postpone the June elections by three weeks, replace hand-marked paper ballots to a touchscreen, allow curbside voting, and to require safer conditions for election workers among other proposed remedies. The plaintiffs also sought attorneys fees and were represented by private attorneys. The case was filed in the U.S. District Court for the Northern District of Georgia, and assigned to Judge Timothy C. Batten. The plaintiffs also filed a motion for a preliminary injunction on April 26.

On May 11, the plaintiffs submitted a temporary restraining order (TRO), arguing that waiting until the May 14 hearing, with the election scheduled for June 9, would cause irreparable harm. The same day, the defendants submitted a motion to dismiss the complaint. The defendants argued that the plaintiffs lacked standing and were barred by the Eleventh Amendment. The next day, the plaintiffs were ordered to respond to the defendants’ motion and to address the recent holding by the Eleventh Circuit in a separate case in Florida, Jacobson v Florida Secretary of State. The Jacobson case considered whether voters and organizations had the standing to challenge Florida law that governed the order in which candidates appeared on the general election ballot. The Eleventh Circuit reversed the district court ruling to enjoin the state of Florida from preparing the ballots, as the plaintiffs failed to prove injury in fact, and because the district court lacked authority to enjoin the state. On May 13, the plaintiffs responded to the motion to dismiss, arguing that the Jacobson ruling did not have an adverse impact on establishing standing against the defendants.

On May 14, the court granted the defendant’s motion to dismiss and denied the plaintiffs’ preliminary injunction and TRO. 2020 WL 2509092. The court found that the plaintiffs’ claims presented a non-justiciable political question, and sought extensive relief on the eve of an election. In response, the plaintiffs filed a motion for reconsideration with a motion to expedite on May 19. The next day, the defendants filed an opposition to the reconsideration. On May 26, the court denied the reconsideration motion, and the motion to expedite was deemed moot.

On June 26, the plaintiffs appealed to the Eleventh Circuit. The case is ongoing.

Summary Authors

Averyn Lee (8/16/2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/17088945/parties/coalition-for-good-governance-v-raffensperger/


Judge(s)

Batten, Timothy C. Sr. (Georgia)

Attorneys(s) for Plaintiff

Brown, Bruce P. (Georgia)

McGuire, Robert A. (Washington)

Attorneys(s) for Defendant

Belinfante, Joshua Barrett (Georgia)

Carr, Christopher M. (Georgia)

Jacoutot, Bryan Francis (Georgia)

Johnson, Melanie Leigh (Georgia)

LaRoss, Diane Festin (Georgia)

McGowan, Charlene S. (Georgia)

Miller, Carey Allen (Georgia)

Judge(s)

Batten, Timothy C. Sr. (Georgia)

Attorneys(s) for Plaintiff

Brown, Bruce P. (Georgia)

McGuire, Robert A. (Washington)

Attorneys(s) for Defendant

Belinfante, Joshua Barrett (Georgia)

Carr, Christopher M. (Georgia)

Jacoutot, Bryan Francis (Georgia)

Johnson, Melanie Leigh (Georgia)

LaRoss, Diane Festin (Georgia)

McGowan, Charlene S. (Georgia)

Miller, Carey Allen (Georgia)

Paradise, Loree Anne (Georgia)

Russo, Vincent Robert Jr. (Georgia)

Tyson, Bryan P (Georgia)

Webb, Brian K. (Georgia)

Willard, Russell D. (Georgia)

Other Attorney(s)

Herren, T. Christian Jr. (District of Columbia)

Hughes, Aileen Bell (Georgia)

Russell, John A. III (Alabama)

Sitton, Janie Allison (District of Columbia)

Documents in the Clearinghouse

Document
1

Complaint

April 20, 2020 Complaint
11

Plaintiffs' Motion for Preliminary Injunction

April 26, 2020 Pleading / Motion / Brief
20

Brief in Support of Plaintiffs' Motion for Preliminary Injunction

April 29, 2020 Pleading / Motion / Brief
24

Statement of Interest of the United States under the Uniformed and Overseas Citizens Absentee Voting Act

May 8, 2020 Pleading / Motion / Brief
32

Defendants' Motion to Dismiss

May 11, 2020 Pleading / Motion / Brief
27

Plaintiffs' Motion for Temporary Restraining Order and Other Emergency Injunctive Relief

May 11, 2020 Pleading / Motion / Brief
33

State Defendants' Response in Opposition to Plaintiffs' Motion for Preliminary Injunction

May 11, 2020 Pleading / Motion / Brief
33 (& 33-1 to 33-7)

State Defendants' Response in Opposition to Plaintiffs' Motion for Preliminary Injunction

May 11, 2020 Pleading / Motion / Brief

Response In Opposition re Motion To Dismiss Plaintiffs' Complaint On Standing And Eleventh Amendment Defenses Filed By Coalition For Good Governance

May 13, 2020 Pleading / Motion / Brief
39

Reply Brief re Motion For Preliminary Injunction filed By Coalition For Good Governance

May 13, 2020 Pleading / Motion / Brief

Resources

Title Description External URL

Coalition for Good Governance v. Raffensperger

Moritz College of Law

Aug. 20, 2020 https://moritzlaw.osu.edu/electionlaw/litigation/CFGG.php

Docket

See docket on RECAP: https://www.courtlistener.com/docket/17088945/coalition-for-good-governance-v-raffensperger/

Last updated May 12, 2022

ECF Number Description Date Link
1

COMPLAINT filed by Aileen Nakamura, B. Joy Wasson, Elizabeth Throop, Coalition for Good Governance, Rhonda J. Martin and Jeanne Dufort. (Filing fee $400.00, receipt number AGANDC-9610605) (Attachments: # 1 Civil Cover Sheet)(eop) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions and Pretrial Associated Forms which includes the Consent To Proceed Before U.S. Magistrate form. (Entered: 04/21/2020)

April 20, 2020 RECAP
2

AMENDED GENERAL ORDER RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONA VIRUS. Signed by Judge Thomas W. Thrash, Jr. on 3/30/20. (eop) (Entered: 04/21/2020)

April 21, 2020 PACER
3

NOTICE of Appearance by Bryan P. Tyson on behalf of Ahn Le, Matthew Mashburn, Brad Raffensperger, Rebecca N. Sullivan, David J. Worley (Tyson, Bryan) (Entered: 04/23/2020)

April 23, 2020 PACER
4

NOTICE of Appearance by Loree Anne Paradise on behalf of Ahn Le, Matthew Mashburn, Brad Raffensperger, Rebecca N. Sullivan, David J. Worley (Paradise, Loree Anne) (Entered: 04/23/2020)

April 23, 2020 PACER
5

NOTICE of Appearance by Carey Allen Miller on behalf of Ahn Le, Matthew Mashburn, Brad Raffensperger, Rebecca N. Sullivan, David J. Worley (Miller, Carey) (Entered: 04/24/2020)

April 24, 2020 PACER
6

NOTICE of Appearance by Melanie Leigh Johnson on behalf of Ahn Le, Matthew Mashburn, Brad Raffensperger, Rebecca N. Sullivan, David J. Worley (Johnson, Melanie) (Entered: 04/24/2020)

April 24, 2020 PACER
7

NOTICE of Appearance by Joshua Barrett Belinfante on behalf of Ahn Le, Matthew Mashburn, Brad Raffensperger, Rebecca N. Sullivan, David J. Worley (Belinfante, Joshua) (Entered: 04/24/2020)

April 24, 2020 PACER
8

NOTICE of Appearance by Vincent Robert Russo, Jr on behalf of Ahn Le, Matthew Mashburn, Brad Raffensperger, Rebecca N. Sullivan, David J. Worley (Russo, Vincent) (Entered: 04/24/2020)

April 24, 2020 PACER
9

NOTICE of Appearance by Bryan Francis Jacoutot on behalf of Ahn Le, Matthew Mashburn, Brad Raffensperger, Rebecca N. Sullivan, David J. Worley (Jacoutot, Bryan) (Entered: 04/24/2020)

April 24, 2020 PACER
10

NOTICE of Appearance by Diane Festin LaRoss on behalf of Ahn Le, Matthew Mashburn, Brad Raffensperger, Rebecca N. Sullivan, David J. Worley (LaRoss, Diane) (Entered: 04/24/2020)

April 24, 2020 PACER
11

MOTION for Preliminary Injunction by Coalition for Good Governance, Jeanne Dufort, Rhonda J. Martin, Aileen Nakamura, Elizabeth Throop, B. Joy Wasson. (Brown, Bruce) (Entered: 04/26/2020)

April 26, 2020 RECAP
12

MOTION for Order to Waive Usual Rules, For Hearing, and for Briefing Schedule by Coalition for Good Governance, Jeanne Dufort, Rhonda J. Martin, Aileen Nakamura, Elizabeth Throop, B. Joy Wasson. (Brown, Bruce) (Entered: 04/26/2020)

April 26, 2020 PACER
13

ORDER granting 12 Motion for Order. Plaintiff's 11 Motion for Preliminary Injunction is accepted as filed without a supporting brief or proposed order. Proposed order and supporting brief shall be filed by 4/29/2020. Defendants shall file responses by 5/4/2020. A hearing on the Motion is to be determined. Defendants shall inform the Court and Plaintiffs by 4/28/2020 as to which of the remedies or changes to procedures described in 11 Motion they intend to make. Signed by Judge Timothy C. Batten, Sr. on 4/27/2020. (dmb) (Entered: 04/27/2020)

April 27, 2020 PACER
14

WAIVER OF SERVICE Returned Executed by Coalition for Good Governance. All Defendants. (Brown, Bruce) (Entered: 04/27/2020)

April 27, 2020 PACER
15

APPLICATION for Admission of Robert Alexander McGuire, III Pro Hac Vice (Application fee $ 150, receipt number AGANDC-9633469).by Coalition for Good Governance, Jeanne Dufort, Rhonda J. Martin, Aileen Nakamura, Elizabeth Throop, B. Joy Wasson. (Brown, Bruce) Documents for this entry are not available for viewing outside the courthouse. (Entered: 04/27/2020)

April 27, 2020 PACER
16

MOTION for Leave to File Excess Pages with Proposed Order by Coalition for Good Governance, Jeanne Dufort, Rhonda J. Martin, Aileen Nakamura, Elizabeth Throop, B. Joy Wasson. (Brown, Bruce) (Entered: 04/28/2020)

April 28, 2020 PACER

Approval of Application for Admission Pro Hac Vice

April 28, 2020 PACER
17

RESPONSE in Opposition re 16 MOTION for Leave to File Excess Pages with Proposed Order filed by Ahn Le, Matthew Mashburn, Brad Raffensperger, Rebecca N. Sullivan, David J. Worley. (Tyson, Bryan) (Entered: 04/28/2020)

April 28, 2020 RECAP

APPROVAL by Clerks Office re: 15 APPLICATION for Admission of Robert Alexander McGuire, III Pro Hac Vice (Application fee $ 150, receipt number AGANDC-9633469).. Attorney Robert Alexander McGuire, III added appearing on behalf of Coalition for Good Governance (cdg)

April 28, 2020 PACER
18

ORDER granting in part 16 Motion for Leave to File Excess Pages. Plaintiffs will be permitted to file a brief no longer than 35 pages in support for their motion for a preliminary injunction. Defendants response to Plaintiff's Motion for Preliminary injunction will be due 5/12/2020. Signed by Judge Timothy C. Batten, Sr. on 4/28/2020. (dmb) (Entered: 04/28/2020)

April 28, 2020 PACER
19

NOTICE by Ahn Le, Matthew Mashburn, Brad Raffensperger, Rebecca N. Sullivan, David J. Worley re 13 Order on Motion for Order,, Defendants' Notice Regarding Changes to Election Procedures (Tyson, Bryan) (Entered: 04/28/2020)

April 28, 2020 RECAP
20

MOTION for Preliminary Injunction (Brief Only) with Brief In Support by Coalition for Good Governance, Jeanne Dufort, Rhonda J. Martin, Aileen Nakamura, Elizabeth Throop, B. Joy Wasson. (Attachments: # 1 Text of Proposed Order)(Brown, Bruce) (Entered: 04/29/2020)

April 29, 2020 PACER

MINUTE ORDER GRANTING Robert Alexander McGuire, III's 15 Application for Admission Pro Hac Vice. Entered by CRD at the direction of Judge Timothy C. Batten, Sr. If the applicant does not have CM/ECF access in the Northern District of Georgia already, they must request access at http://pacer.gov. If they have electronically filed in this district in a previous case, please omit this step.(usw)

April 30, 2020 PACER

Order on Application for Admission PHV

April 30, 2020 PACER
21

SECOND AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONA VIRUS. Signed by Judge Thomas W. Thrash, Jr. on 04/30/2020. (mmc) (ADI) (Entered: 05/04/2020)

May 4, 2020 PACER
22

MOTION for Hearing re 11 MOTION for Preliminary Injunction by Coalition for Good Governance, Jeanne Dufort, Rhonda J. Martin, Aileen Nakamura, Elizabeth Throop, B. Joy Wasson. (Brown, Bruce) (Entered: 05/05/2020)

May 5, 2020 PACER
23

ORDER directing Plaintiff to file a reply brief in support of their motion for preliminary injunction by 12:00pm on 5/14/2020. Motion Hearing set for 5/15/2020 at 02:00 PM in ATLA Courtroom 2106 before Judge Timothy C. Batten Sr. Signed by Judge Timothy C. Batten, Sr. on 5/5/2020. (dmb) (Entered: 05/06/2020)

May 6, 2020 PACER
24

Amicus Curiae APPEARANCE entered by Janie Allison (Jaye) Sitton on behalf of United States of America. (Sitton, Janie) (Entered: 05/08/2020)

May 8, 2020 PACER
25

Unopposed MOTION for Order for Leave to File a Brief in Excess of 25 Pages by Ahn Le, Matthew Mashburn, Brad Raffensperger, Rebecca N. Sullivan, David J. Worley. (Attachments: # 1 Text of Proposed Order)(Belinfante, Joshua) (Entered: 05/11/2020)

May 11, 2020 PACER
26

ORDER directing Plaintiffs to file Reply Brief in support of their motion for preliminary injunction by 12:00 noon on 5/13/2020. In-person Hearing set for 5/14/2020 at 02:00 PM in ATLA Courtroom 2106 before Judge Timothy C. Batten Sr. Signed by Judge Timothy C. Batten, Sr. on 5/11/20. (rsh) (Entered: 05/11/2020)

May 11, 2020 PACER
27

MOTION for Temporary Restraining Order IMMEDIATE HEARING REQUESTEDby Coalition for Good Governance. (Brown, Bruce) (Entered: 05/11/2020)

May 11, 2020 PACER
28

Motion to Bring Audio/Visual/Electronic Equipment in the Courtroom by Coalition for Good Governance. (Brown, Bruce) (Entered: 05/11/2020)

May 11, 2020 PACER
29

ORDER: Motion 25 for Leave to File a Brief in Excess of 25 Pages, which seeks leave to file a brief in response to Plaintiffs' Motion for Preliminary Injunction, not to exceed 35 pages, and for good cause shown, Defendants' motion is GRANTED. Signed by Judge Timothy C. Batten, Sr. on 5/11/20. (rsh) (Entered: 05/11/2020)

May 11, 2020 PACER
30

ORDER granting 28 Motion to Bring Audio/Visual/Electronic Equipment in the Courtroom on 5/14/2020. Signed by Judge Timothy C. Batten, Sr. on 5/11/2020. (dmb) Modified on 5/12/2020 to attach correct pdf and edit docket text reflecting correct date of hearing (usw). (Additional attachment(s) added on 5/12/2020: # 1 Order with Correct Hearing Date) (usw). (Entered: 05/11/2020)

May 11, 2020 PACER
31

MOTION for Leave to File Excess Pages in Reply in Support of Motion for Preliminary Injunction by Coalition for Good Governance. (Brown, Bruce) (Entered: 05/11/2020)

May 11, 2020 PACER
32

MOTION to Dismiss Plaintiffs' Complaint with Brief In Support by Ahn Le, Matthew Mashburn, Brad Raffensperger, Rebecca N. Sullivan, David J. Worley. (Attachments: # 1 Brief in Support)(Tyson, Bryan) (Entered: 05/11/2020)

May 11, 2020 PACER
33

RESPONSE in Opposition re 20 MOTION for Preliminary Injunction (Brief Only), 11 MOTION for Preliminary Injunction filed by Ahn Le, Matthew Mashburn, Brad Raffensperger, Rebecca N. Sullivan, David J. Worley. (Attachments: # 1 Exhibit Harvey Decl., # 2 Exhibit Sterling Decl., # 3 Exhibit OPB Decl., # 4 Exhibit Barnes Decl., # 5 Exhibit FFA v. Raffensperger Order Denying Prelim Inj, # 6 Exhibit SEB Emergency Rule 183-1-14-0.6-.14, # 7 Exhibit GALEO Order Denying Prelim Inj)(Belinfante, Joshua) (Entered: 05/11/2020)

May 11, 2020 PACER

Notification of Docket Correction

May 12, 2020 PACER

Notification of Docket Correction re 30 Order on Motion to Bring Audio/Visual/Electronic Equipment in the Courtroom. Order and docket text corrected to reflect correct hearing date. (usw)

May 12, 2020 PACER
34

MOTION for Hearing Via Remote by Coalition for Good Governance. (Brown, Bruce) (Entered: 05/12/2020)

May 12, 2020 PACER

Order

May 12, 2020 PACER

Notice of Hearing

May 12, 2020 PACER

ORDER: Plaintiffs are directed to respond to the portions of Defendants' motion to dismiss regarding (1) standing and (2) Eleventh Amendment immunity by 9:00 p.m. EDT on Wednesday, May 13. With respect to the first issue, Plaintiffs should address the Eleventh Circuit's recent holding in Jacobson v. Florida Secretary of State, No. 19 14552, 2020 U.S. App. LEXIS 13714 (11th Cir. Apr. 29, 2020). Signed by Judge Timothy C. Batten, Sr. on 5/12/20. (rsh)

May 12, 2020 PACER
35

RESPONSE re 34 MOTION for Hearing Via Remote Defendants' Response to Plaintiffs' Motion for Remote Hearing filed by Ahn Le, Matthew Mashburn, Brad Raffensperger, Rebecca N. Sullivan, David J. Worley. (Belinfante, Joshua) (Entered: 05/12/2020)

May 12, 2020 PACER

Order on Motion for Leave to File Excess Pages

May 12, 2020 PACER

NOTICE OF VIDEO PROCEEDING re: 11 MOTION for Preliminary Injunction. Hearing set for 05/14/2020 at 2:00 p.m. before Judge Timothy C. Batten, Sr. Connection Instructions: Meeting ID: 160 451 7473 Password: 818789 One tap mobile +16692545252,,1604517473#,,1#,818789# US (San Jose) +16468287666,,1604517473#,,1#,818789# US (New York) Dial by your location +1 669 254 5252 US (San Jose) +1 646 828 7666 US (New York) Meeting ID: 160 451 7473 Password: 818789 Find your local number: https://ganduscourts.zoomgov.com/u/ablk5hFhBj Join by SIP1604517473@sip.zoomgov.com Join by H.323 161.199.138.10 (US West) 161.199.136.10 (US East) Meeting ID: 160 451 7473 Password: 818789 Photographing, recording, or broadcasting of any judicial proceedings, including proceedings held by video teleconferencing or telephone conferencing, is strictly and absolutely prohibited. (usw)

May 12, 2020 PACER

MINUTE ORDER GRANTING Plaintiffs' 31 Motion for Leave to File Excess Pages and 34 Motion for Remote Hearing. Entered by CRD at the direction of Judge Timothy C. Batten, Sr. (usw)

May 12, 2020 PACER
36

AFFIDAVIT Prefiling of Reply Brief Declarations in Support of Motion for Preliminary Injunction by Coalition for Good Governance. (Brown, Bruce) (Entered: 05/12/2020)

May 12, 2020 PACER
37

RESPONSE in Opposition re 32 MOTION to Dismiss Plaintiffs' Complaint on Standing and Eleventh Amendment Defenses filed by Coalition for Good Governance. (Brown, Bruce) (Entered: 05/13/2020)

May 13, 2020 PACER

Notice (Other)

May 13, 2020 PACER
38

AFFIDAVIT Second Volume of Pre-filed Declarations in Support of Reply in Support of Motion for Preliminary Injunction by Coalition for Good Governance. (Brown, Bruce) (Entered: 05/13/2020)

May 13, 2020 PACER
39

REPLY BRIEF re 11 MOTION for Preliminary Injunction filed by Coalition for Good Governance. (Brown, Bruce) (Entered: 05/13/2020)

May 13, 2020 PACER

GENERAL INFORMATION related to VIDEO HEARING re: 11 Motion for Preliminary Injunction. The hearing will be held primarily via teleconference/Zoom as noted. However, the proceeding will also be held in open court on 05/14/2020 at 2:00 p.m. in ATLA Courtroom 2016 before Judge Timothy C. Batten, Sr. for any spectators who wish to attend. (usw)

May 13, 2020 PACER
40

RESPONSE re 24 Amicus Curiae Appearance Response to Statement of Interest of the United States on UOCAVA filed by Coalition for Good Governance. (Brown, Bruce) (Entered: 05/13/2020)

May 13, 2020 RECAP
41

RESPONSE in Opposition re 27 MOTION for Temporary Restraining Order IMMEDIATE HEARING REQUESTED filed by Ahn Le, Matthew Mashburn, Brad Raffensperger, Rebecca N. Sullivan, David J. Worley. (Attachments: # 1 Affidavit Declaration of Michael Barnes, # 2 Affidavit Declaration of Chris Harvey)(Russo, Vincent) (Entered: 05/13/2020)

May 13, 2020 PACER
42

AFFIDAVIT Notice of Filing Supplemental Declaration of Marilyn Marks by Coalition for Good Governance. (Brown, Bruce) (Entered: 05/14/2020)

May 14, 2020 RECAP

Terminated Case

May 14, 2020 PACER
43

ORDER GRANTING Defendant's 32 Motion to Dismiss and DENYING Plaintiff's 11 Motion for Preliminary Injunction, 20 Motion for Preliminary Injunction, and 27 Motion for TRO. The Clerk is directed to close this case. Signed by Judge Timothy C. Batten, Sr. on 05/14/2020. (usw) (Entered: 05/14/2020)

May 14, 2020 RECAP

Add and Terminate Judges

May 14, 2020 PACER

Civil Case Terminated. (usw) Modified on 5/15/2020 (anc).

May 14, 2020 PACER
44

MOTION for Leave to File Post-Hearing Submission by Coalition for Good Governance. (Brown, Bruce) (Entered: 05/14/2020)

May 14, 2020 PACER

Judge Timothy C. Batten, Sr. added. (usw)

May 14, 2020 PACER
47

Minute Entry for proceedings held before Judge Timothy C. Batten, Sr.: VIDEO Hearing held on 5/14/2020. Oral Arguments heard. Written Order to follow. (Court Reporter Lori Burgess)(rsh) (Entered: 05/15/2020)

May 14, 2020 PACER
45

CLERK'S JUDGMENT (dmb)--Please refer to http://www.ca11.uscourts.gov to obtain an appeals jurisdiction checklist-- (Entered: 05/15/2020)

May 15, 2020 PACER
46

ORDER granting 44 Motion for Leave to File. The submission does not affect the Court's order 43 and that order remains the ruling of the Court. Signed by Judge Timothy C. Batten, Sr. on 5/15/2020. (dmb) (Entered: 05/15/2020)

May 15, 2020 PACER
48

MOTION for Reconsideration under Rule 59 of Order Granting Motion to Dismiss by Coalition for Good Governance. (Brown, Bruce) (Entered: 05/19/2020)

May 19, 2020 PACER
49

MOTION to Expedite Rule 59 Motion for Reconsideration by Coalition for Good Governance. (Brown, Bruce) (Entered: 05/19/2020)

May 19, 2020 PACER
50

RESPONSE in Opposition re 49 MOTION to Expedite Rule 59 Motion for Reconsideration filed by Ahn Le, Matthew Mashburn, Brad Raffensperger, Rebecca N. Sullivan, David J. Worley. (Tyson, Bryan) (Entered: 05/20/2020)

May 20, 2020 PACER
51

ORDER directing Defendants to respond to 48 MOTION for Reconsideration by 5:00pm on 5/22/2020. Signed by Judge Timothy C. Batten, Sr. on 5/20/2020. (dmb) (Entered: 05/20/2020)

May 20, 2020 PACER
52

TRANSCRIPT of Proceedings held on 5/14/2020, before Judge Timothy C. Batten, Sr.. Court Reporter/Transcriber Lori Burgess. A full directory of court reporters and their contact information can be found at www.gand.uscourts.gov/directory-court-reporters. 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 6/10/2020. Redacted Transcript Deadline set for 6/22/2020. Release of Transcript Restriction set for 8/18/2020. (Attachments: # 1 Notice of Filing Transcript) (llb) (Entered: 05/20/2020)

May 20, 2020 PACER
53

RESPONSE in Opposition re 48 MOTION for Reconsideration under Rule 59 of Order Granting Motion to Dismiss Defendants' Response in Opposition to Plaintiffs' Motion to Alter or Amend Judgment filed by Ahn Le, Matthew Mashburn, Brad Raffensperger, Rebecca N. Sullivan, David J. Worley. (Belinfante, Joshua) (Entered: 05/22/2020)

May 22, 2020 PACER
54

REPLY BRIEF re 48 MOTION for Reconsideration under Rule 59 of Order Granting Motion to Dismiss filed by Coalition for Good Governance. (Brown, Bruce) (Entered: 05/25/2020)

May 25, 2020 PACER
55

REPLY BRIEF re 48 MOTION for Reconsideration under Rule 59 of Order Granting Motion to Dismiss, Specifically, Submission of Supplemental Authority, filed by Coalition for Good Governance. (Brown, Bruce) (Entered: 05/25/2020)

May 25, 2020 PACER
56

ORDER denying 48 Motion for Reconsideration of the Court's 43 Order. Signed by Judge Timothy C. Batten, Sr. on 5/26/2020. (dmb) (Entered: 05/26/2020)

May 26, 2020 RECAP

Submission of 49 MOTION to Expedite Rule 59 Motion for Reconsideration to District Judge Timothy C. Batten Sr. (dmb)

June 9, 2020 PACER

Submission to District Judge

June 9, 2020 PACER
57

ORDER denying as moot 49 Motion to Expedite. Signed by Judge Timothy C. Batten, Sr. on 6/10/2020. (dmb) (Entered: 06/10/2020)

June 10, 2020 PACER
58

NOTICE OF APPEAL as to 45 Clerk's Judgment, 56 Order on Motion for Reconsideration, 43 Order on Motion for Preliminary Injunction,, Order on Motion for TRO,, Order on Motion to Dismiss,,, by Coalition for Good Governance. Filing fee $ 505, receipt number AGANDC-9839171. Transcript Order Form due on 7/9/2020 (Brown, Bruce) (Entered: 06/25/2020)

June 25, 2020 RECAP
61

DOCUMENT FILED IN ERROR USCA Clerk's Entry of Dismissal for Want of Prosecution: Pursuant to the 11th Cir.R.42-1(b), 58 Notice of Appeal, is DISMISSED for want of prosecution because the appellant Brenda S. Burch has failed to pay the filing and docketing fees to the district court within the time fixed by the rules. Case Appealed to USCA- 11th Circuit. Case Number 20-10363-A. (pjm) Modified on 6/26/2020 (pjm). (Entered: 06/26/2020)

June 25, 2020 PACER
59

NOTICE Of Filing NOA Transmittal Letter re: 58 Notice of Appeal. (pjm) (Entered: 06/26/2020)

June 26, 2020 PACER

Notification of Docket Correction

June 26, 2020 PACER
60

Transmission of Certified Copy of Notice of Appeal, USCA Appeal Fees, Judgment, Orders and Docket Sheet to US Court of Appeals re: 58 Notice of Appeal. (pjm) (Entered: 06/26/2020)

June 26, 2020 PACER

Appeal Record Certified

June 26, 2020 PACER

Notification of Docket Correction re: 61 USCA Clerk's Entry of Dismissal, as this document was filed in the incorrect case. All of the necessary corrections have been made. (pjm)

June 26, 2020 PACER
62

USCA Acknowledgment of 58 Notice of Appeal, filed by Coalition for Good Governance. Case Appealed to USCA- 11th Circuit. Case Number 20-12362-BB. (pjm) (Entered: 06/26/2020)

June 26, 2020 PACER

Pursuant to F.R.A.P.11(c), the Clerk certifies that the record is complete for purposes of this appeal, 58 Notice of Appeal. Case Appealed to USCA- 11th Circuit. Case Number 20-12362-BB. The entire record on appeal is available electronically. (pjm)

June 26, 2020 PACER
63

USCA Clerk's Entry of Dismissal of Voluntary Dismissal: Motion to voluntarily dismiss appeal filed by Appellants Coalition for Good Governance, Rhonda J. Martin, Jeanne Dufort, Aileen Nakamura, B Joy Wasson and Elizabeth Throop is GRANTED by clerk re: 58 Notice of Appeal. Case Appealed to USCA- 11th Circuit. Case Number 20-12362-BB. (pjm) (Additional attachment(s) added on 8/17/2020: # 1 Order) (pjm). (Entered: 08/17/2020)

Aug. 17, 2020 PACER

State / Territory: Georgia

Case Type(s):

Election/Voting Rights

Special Collection(s):

COVID-19 (novel coronavirus)

Key Dates

Filing Date: April 20, 2020

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

a nonprofit organization and five voter plaintiffs

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Secretary of State of Georgia, State

Georgia State Election Board, State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

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

Constitutional Clause(s):

Due Process

Due Process: Procedural Due Process

Equal Protection

Availably Documents:

Complaint (any)

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Content of Injunction:

Preliminary relief denied

Issues

General:

Voting

Voting access

COVID-19:

Mitigation Requested

Release Denied

Voting:

Challenges to at-large/multimember district/election

Voter qualifications

Voter registration rules