Case: Thompson v. DeWine

2:20-cv-02129 | U.S. District Court for the Southern District of Ohio

Filed Date: April 27, 2020

Closed Date: Dec. 28, 2021

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Case Summary

On April 27, 2020, ballot petition circulators and three Ohio voters filed this lawsuit against the Director of Ohio Department of Health and the Ohio Secretary of State, challenging the constitutionality of Ohio’s in-person signature and witness requirements for ballot initiatives in light of COVID-19. The plaintiffs brought this lawsuit seeking declaratory and injunctive relief under 42 U.S.C. § 1983, alleging that the existing requirements for remote signature gathering for ballot initiatives violated plaintiffs’ First and Fourteenth Amendment rights. Specifically, the plaintiffs alleged that the COVID pandemic and resulting state of emergency restrictions on public gatherings made it impossible for proponents of ballot measures to comply with Ohio’s ballot-access signature requirements. They said that applying the ballot requirements to the 2020 election without adjustment in light of the pandemic violated their equal protection and due process rights.

The plaintiffs sought declaratory relief and preliminary and permanent injunctions requiring the defendants to immediately place the plaintiff’s marijuana decriminalization initiatives on the November 3 election ballot directly without the need for supporting signatures from voters or, alternatively, suspend prohibitions against remote signature collection, extend filing deadlines for signature submission, develop timely, efficient and realistic procedures and practices for gathering and submitting signatures from voters, and reduce the number of voters' signatures required to ten percent of the number currently prescribed for the November 3, 2020 election. This lawsuit was filed at the U.S. District Court for the Southern District of Ohio, and assigned to Judge Edmund A. Sargus. The plaintiffs were represented by the Center for Competitive Democracy and private attorneys.

Concurrently, on April 27, 2020, the plaintiffs also submitted a motion for a temporary restraining order. The Ohioans for Secure and Fair Elections and Ohioans for Raising the Wage each sought to intervene on April 30 and May 1, respectively. Both motions were granted on May 4.

On May 19, 2020, the district court granted in part the plaintiffs’ motion for a preliminary injunction, enjoining the defendants from enforcing the ink signature and witness requirements and the current deadline as applied to the plaintiffs and the intervening plaintiffs for the November 3 general election, and directing them to update the court by May 26 regarding adjustments to the enjoined requirements “so as to reduce the burden on ballot access.” They further ordered the defendants to accept electronically-signed and witnessed petitions from the intervening plaintiffs collected through the on-line signature collection plans and to meet and confer regarding any technical or security issues regarding those plans by May 26. 2020 WL 2557064. The court noted that in light of the COVID-19 pandemic “the state’s strict enforcement of the signature requirements for local initiatives and constitutional amendments severely burden plaintiffs’ First Amendment rights as applied here.”

The defendants appealed to the Sixth Circuit the next day asked the district court to stay its own order, pending appeal. The district court refused. 2020 WL 2614447. On May 26, the Sixth Circuit granted the stay pending appeal, finding that the defendants were likely to succeed on the merits of their appeal and that they would suffer serious and irreparable harm if the court enjoined them from conducting the election in accordance with lawfully enacted ballot-access regulations. 959 F.3d 804. The court explained: “[w]hether this intermediate burden on plaintiffs’ First Amendment rights passes constitutional muster depends on whether the state has legitimate interests to impose the burden that outweigh it. Here they offer two. Defendants claim the witness and ink requirements help prevent fraud by ensuring that the signatures are authentic. And the deadlines allow them time to verify signatures in an orderly and fair fashion, while also providing initiative proponents time to challenge any adverse decision in court. These interests are not only legitimate, they are compelling.”

The plaintiffs submitted an initial hearing en banc, petition for rehearing en banc, motion for reconsideration, and motion to vacate the stay pending appeal, all of which were denied on June 16, 2020. The same day, the plaintiffs appealed to the U.S. Supreme Court to vacate the stay and the Supreme Court denied the application on June 25. 2020 WL 3456705.

On July 13, 2020, the Sixth Circuit again denied the plaintiffs’ motion to lift the stay on the grounds that they disagreed with the lower court’s initial finding, as well as denied the state’s motion to prevent plaintiffs from filing future motions.

On August 26, 2020, the intervener “Ohioans for Secure and Fair Elections” et al moved to withdraw from the case. This motion went unopposed and was granted by the court on August 27.

On September 16, 2020, the Sixth Circuit reversed the District Court’s previous grant of a preliminary injunction. They ruled that the plaintiffs are unlikely to succeed on the merits of their case, Ohio voting/ballot requirements were not unconstitutional, and the burden imposed on plaintiffs by the requirements was not severe enough to challenge their Constitutional rights under the First and Fourteenth Amendments (the requirements only imposed an intermediate burden, not enough to justify overturning them). The state interests here outweighed the plaintiffs’ concerns and the state of Ohio would have faced irreparable harm if blocked from enforcing its constitutional voting laws. Because all of the factors analyzed favored the defendant, the court overturned the preliminary injunction.

On February 2, 2021, the plaintiffs filed a writ of certiorari with the Supreme Court. This was denied on April 19, 2021.

Following this denial, on April 27, 2021, the defendants moved to have the case dismissed as it was moot under the Eleventh Amendment. Plaintiffs had been seeking relief regarding the November 2020 election and now that this election had passed, their claim was no longer valid. They argue that this means the Ohio district court no longer has subject matter jurisdiction over the claim (no case or controversy). On May 5, 2021, the plaintiffs responded with their own motion for judgment on the pleadings. They argued that, because voting rights are an ongoing issue, their claim fell within an exception to the mootness doctrine and that the same injury would be suffered in the 2021 election cycle.

On June 3, 2021, the defendants’ motion to dismiss was granted. This made plaintiffs’ motion for judgment on the pleadings moot. While the court agreed with the plaintiffs’ argument that the case fell within the “capable of repetition” exception to the mootness doctrine, they still found that the case could not succeed as a matter of law and therefore should be dismissed. This is because of the Sixth Circuit’s earlier ruling reversing the grant of a preliminary injunction on the grounds that plaintiffs had no likelihood of success on the merits. This opinion precluded the lower court from implementing the same kind of relief again, so the case must be dismissed.

On June 4, 2021, the plaintiffs appealed this dismissal to the Sixth Circuit once again but they quickly affirmed the dismissal on July 28, 2021. On August 6, 2021, the Sixth Circuit entered another opinion vacating the dismissal and instructed the lower court to dismiss the case as moot.

The lower court followed this order and dismissed the case as moot on December 28, 2021.

On March 8, 2022, the Supreme Court again denied certiorari.

This case is now closed.

Summary Authors

Averyn Lee (7/5/2020)

Ellie Morvatz (12/1/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/17104296/parties/thompson-v-dewine/

Judge(s)

Attorney for Plaintiff

Brown, Mark R. (Ohio)

Chang, Stephen

Attorney for Defendant

Carney, Stephen P. (Ohio)

Expert/Monitor/Master/Other

Bonham, Elizabeth (Ohio)

Carey, David J. (Ohio)

Judge(s)

McKeague, David William (Michigan)

Nalbandian, John Baylor (Ohio)

Sargus, Edmund A. Jr. (Ohio)

Sutton, Jeffrey S. (Ohio)

Vascura, Chelsey M. (Ohio)

Attorney for Plaintiff

Brown, Mark R. (Ohio)

Chang, Stephen

Green, Jeffrey Todd

Hall, Oliver B. (District of Columbia)

Attorney for Defendant

Carney, Stephen P. (Ohio)

Counsel, Julie M.

Flowers, Benjamin M (Ohio)

Hendershot, Michael J. (Ohio)

Hirji, Shams H (Ohio)

Keller, Zachary Paul (Ohio)

Pfeiffer, Julie M (Ohio)

Walton, Michael Allan (Ohio)

Yost, Dave (Ohio)

Other

Bonham, Elizabeth (Ohio)

Carey, David J. (Ohio)

Clinger, Derek S (Ohio)

Ho, Dale E. (New York)

Levenson, Freda J. (Ohio)

McTigue, Donald Joseph (Ohio)

Sferra, Anne M.

Slagle, Christopher N.

Smeenk, Bryan Matthew

Thomas, Tiffany Alora (New York)

Zevnik, Paul Anton

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

2:20-cv-02129 20-03526	Docket [PACER]	May 26, 2020	May 26, 2020 Docket
1 2:20-cv-02129	Verified Complaint	April 27, 2020	April 27, 2020 Complaint
4, 4-1 2:20-cv-02129	Plaintiffs' Motion for Temporary Restraining Order and/or Preliminary Injunction	April 27, 2020	April 27, 2020 Pleading / Motion / Brief
40, 40-1 2:20-cv-02129	Defendants' Memorandum in Opposition to Plaintiffs' Motion for Temporary Restraining Order / Preliminary Injunction	May 12, 2020	May 12, 2020 Pleading / Motion / Brief
41, 41-1 2:20-cv-02129	Plaintiffs' Reply to Defendants' Response, R. 40, to Plaintiffs' Motion for Emergency Relief, R. 4	May 13, 2020	May 13, 2020 Pleading / Motion / Brief
44 2:20-cv-02129	Opinion and Order	May 19, 2020	May 19, 2020 Order/Opinion 461 F.Supp.3d 712
36-1, 36-2 2:20-cv-02129 20-03526	Order U.S. Court of Appeals for the Sixth Circuit	May 26, 2020	May 26, 2020 Order/Opinion 959 F.3d 804
2:20-cv-02129 20-03526 19-01054	Emergency Application to Vacate Stay Supreme Court of the United States	June 16, 2020	June 16, 2020 Pleading / Motion / Brief
2:20-cv-02129 20-03526 19-01054	Applicants' Reply Supreme Court of the United States	June 22, 2020	June 22, 2020 Pleading / Motion / Brief
2:20-cv-02129 20-03526 19-01054	Opposition to Emergency Application to Vacate the Sixth Circuit's Stay Supreme Court of the United States	June 22, 2020	June 22, 2020 Pleading / Motion / Brief

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/17104296/thompson-v-dewine/

Last updated Nov. 30, 2025, 10:54 p.m.

ECF Number	Date	Description	Link
1	April 27, 2020	COMPLAINT against All Plaintiffs ( Filing fee $ 400 paid - receipt number: 0648-7441064), filed by Chad Thompson. [ELECTION ISSUE(S) CITED] (Brown, Mark) (Entered: 04/27/2020)	Clearinghouse
2	April 27, 2020	REQUEST for Issuance of Summons. (Attachments: # 1 Summons Form, # 2 Summons Form) (Brown, Mark) (Entered: 04/27/2020) 1 Summons Form View on PACER 2 Summons Form View on PACER	RECAP
3	April 27, 2020	NOTICE by Plaintiff Chad Thompson re 1 Complaint Civil Cover Sheet (Brown, Mark) (Entered: 04/27/2020)	RECAP
4	April 27, 2020	MOTION for Temporary Restraining Order by Plaintiffs Don Keeney, William T. Schmitt, Chad Thompson. [ELECTION ISSUE(S) CITED] (Attachments: # 1 Appendix Memorandum of Law In Support of TRO) (Brown, Mark) (Entered: 04/27/2020) 1 Appendix Memorandum of Law In Support of TRO View on PACER	RECAP
5	April 28, 2020	NOTICE of Hearing: Rule 65.1 Telephone Conference set for 4/28/2020 at 10:30 AM via Teleconference before Judge Edmund A. Sargus. (cmw) (Entered: 04/28/2020)	RECAP
6	April 28, 2020	NOTICE of Appearance by Julie M Pfeiffer for Defendants Amy Acton, Richard Mike DeWine, Frank LaRose (Pfeiffer, Julie) (Entered: 04/28/2020)	RECAP
7	April 28, 2020	NOTICE of Appearance by Michael Allan Walton for Defendants Amy Acton, Richard Mike DeWine, Frank LaRose (Walton, Michael) (Entered: 04/28/2020)	RECAP
8	April 28, 2020	Summons Issued as to Amy Acton, Richard Mike DeWine, and Frank LaRose. (daf) (Entered: 04/28/2020)	RECAP
9	April 28, 2020	Minute Entry for proceedings held before Judge Edmund A. Sargus: Rule 65.1 Telephone Conference held on 4/28/2020. The next telephone conference is scheduled for 5/8/2020 at 10:00 a.m. (Court Reporter: Darla Coulter) (cmw) (Entered: 04/28/2020)	RECAP
10	April 28, 2020	NOTICE of Hearing: Telephone Status Conference set for 5/8/2020 at 10:00 AM via Teleconference before Judge Edmund A. Sargus. (cmw) (Entered: 04/28/2020)	RECAP
11	April 28, 2020	SUMMONS Returned Executed as to Defendants Amy Acton, Richard Mike DeWine, Frank LaRose. All Defendants. (Attachments: # 1 Appendix Acton Summons, # 2 Appendix LaRose) (Brown, Mark) (Entered: 04/28/2020) 1 Appendix Acton Summons View on PACER 2 Appendix LaRose View on PACER	RECAP
12	April 28, 2020	ORDER - Memorializing the Rule 65.1 Telephone Conference held 4/28/2020. Signed by Judge Edmund A. Sargus on 4/28/2020. (cmw) (Entered: 04/28/2020)	RECAP
	April 28, 2020	Status Conference
13	April 30, 2020	MOTION to Intervene by Intervenor Parties Ohioans for Secure and Fair Elections, Darlene L English, Laura A Gold, Isabel C Robertson, Ebony Speakes-Hall, Andre Washington, Scott A Campbell, Susan G Ziegler, Hasan Kwame Jeffries, Paul Moke. (Attachments: # 1 Exhibit A - Declaration of Antonia Dippold-Webb, # 2 Exhibit B - Mar. 27 Letter from Defendant's office to OSFE's campaign manager) (Levenson, Freda) (Entered: 04/30/2020) 1 Exhibit A - Declaration of Antonia Dippold-Webb View on RECAP 2 Exhibit B - Mar. 27 Letter from Defendant's office to OSFE's campaign View on RECAP	RECAP
14	April 30, 2020	COMPLAINT IN INTERVENTION FOR TEMPORARY RESTRAINING ORDER, PRELIMINARY AND PERMANENT INJUNCTIVE RELIEF against Amy Acton, Richard Mike DeWine, Frank LaRose, filed by Laura A Gold, Darlene L English, Ohioans for Secure and Fair Elections, Isabel C Robertson, Scott A Campbell, Ebony Speakes-Hall, Susan G Ziegler, Andre Washington, Hasan Kwame Jeffries, Paul Moke. (Attachments: # 1 Exhibit A - Declaration of Dr. Reingold, # 2 Exhibit B - Declaration of Antonia Dippold-Webb) (Levenson, Freda) (Entered: 04/30/2020) 1 Exhibit A - Declaration of Dr. Reingold View on PACER 2 Exhibit B - Declaration of Antonia Dippold-Webb View on PACER	RECAP
15	April 30, 2020	MOTION for Temporary Restraining Order, MOTION for Preliminary Injunction by Intervenor Parties Scott A Campbell, Darlene L English, Laura A Gold, Hasan Kwame Jeffries, Ohioans for Secure and Fair Elections, Isabel C Robertson, Ebony Speakes-Hall, Andre Washington, Susan G Ziegler, Defendant Paul Moke. (Attachments: # 1 Exhibit Correspondence between Secretary of State's office and OSFE Campaign Director, # 2 Exhibit B - Declaration of Antonia Dippold-Webb, # 3 Exhibit C - Declaration of Susan Zeigler, # 4 Exhibit D- Declaration of Scott Campbell, # 5 Exhibit E -Declaration of Paul Moke, # 6 Exhibit F - Declaration of Andre Washington, # 7 Exhibit G -Declaration of Dr. Reingold, # 8 Exhibit H - Virginia Order) (Levenson, Freda) (Entered: 04/30/2020) 1 Exhibit Correspondence between Secretary of State's office and OSFE Campaig View on RECAP 2 Exhibit B - Declaration of Antonia Dippold-Webb View on PACER 3 Exhibit C - Declaration of Susan Zeigler View on RECAP 4 Exhibit D- Declaration of Scott Campbell View on RECAP 5 Exhibit E -Declaration of Paul Moke View on RECAP 6 Exhibit F - Declaration of Andre Washington View on RECAP 7 Exhibit G -Declaration of Dr. Reingold View on RECAP 8 Exhibit H - Virginia Order View on RECAP	RECAP
16	May 1, 2020	NOTICE by Plaintiff Chad Thompson re 4 MOTION for Temporary Restraining Order Supplemental Authority (Brown, Mark) (Entered: 05/01/2020)	RECAP
17	May 1, 2020	MOTION to Intervene by Intervenor Plaintiffs Ohioans for Raising the Wage, Anthony Caldwell, James E. Hayes, David G Latanick, Pierrette M. Talley. (Attachments: # 1 Exhibit Proposed Intervenors' Complaint, # 2 Exhibit Proposed Intervenors' Motion for TRO and Preliminary Injunction) (McTigue, Donald) (Entered: 05/01/2020) 1 Exhibit Proposed Intervenors' Complaint View on PACER 2 Exhibit Proposed Intervenors' Motion for TRO and Preliminary Injunction View on PACER	RECAP
18	May 1, 2020	NOTICE of Appearance by Donald Joseph McTigue for Intervenor Plaintiffs Anthony Caldwell, James E. Hayes, David G Latanick, Ohioans for Raising the Wage, Pierrette M. Talley (McTigue, Donald) (Entered: 05/01/2020)	RECAP
19	May 1, 2020	Corporate Disclosure Statement by Intervenor Plaintiffs Anthony Caldwell, James E. Hayes, David G Latanick, Ohioans for Raising the Wage, Pierrette M. Talley. (McTigue, Donald) (Entered: 05/01/2020)	RECAP
20	May 1, 2020	RESPONSE to Motion re 13 MOTION to Intervene, 17 MOTION to Intervene No Opposition filed by Plaintiffs Don Keeney, William T. Schmitt, Chad Thompson. (Brown, Mark) (Entered: 05/01/2020)	RECAP
21	May 1, 2020	NOTICE of Hearing: Telephone Status Conference set for 5/1/2020 at 02:00 PM via Teleconference before Judge Edmund A. Sargus. (cmw) (Entered: 05/01/2020)	RECAP
22	May 1, 2020	Minute Entry for proceedings held before Judge Edmund A. Sargus and Magistrate Judge Chelsey M. Vascura: Telephone Status Conference held on 5/1/2020. (Court Reporter: Darla Coulter) (cmw) (Entered: 05/01/2020)	RECAP
23	May 1, 2020	NOTICE of Hearing: Telephone Status Conference set for 5/6/2020 at 11:00 AM in Teleconference before Judge Edmund A. Sargus and Magistrate Judge Chelsey M. Vascura. (cmw) (Entered: 05/01/2020)	RECAP
24	May 1, 2020	ORDER Memorializing Telephone Status Conference held on 5/1/2020. Signed by Judge Edmund A. Sargus on 5/1/2020. (cmw) (Entered: 05/01/2020)	RECAP
25	May 1, 2020	Corporate Disclosure Statement by Intervenor Parties Scott A Campbell, Darlene L English, Laura A Gold, Hasan Kwame Jeffries, Paul Moke, Ohioans for Secure and Fair Elections, Isabel C Robertson, Ebony Speakes-Hall, Andre Washington, Susan G Ziegler. (Levenson, Freda) (Entered: 05/01/2020)	RECAP
26	May 1, 2020	NOTICE of Appearance by Elizabeth Bonham for Intervenor Parties Scott A Campbell, Darlene L English, Laura A Gold, Hasan Kwame Jeffries, Paul Moke, Ohioans for Secure and Fair Elections, Isabel C Robertson, Ebony Speakes-Hall, Andre Washington, Susan G Ziegler (Bonham, Elizabeth) (Entered: 05/01/2020)	RECAP
27	May 1, 2020	NOTICE of Appearance by David J. Carey for Intervenor Parties Scott A Campbell, Darlene L English, Laura A Gold, Hasan Kwame Jeffries, Paul Moke, Ohioans for Secure and Fair Elections, Isabel C Robertson, Ebony Speakes-Hall, Andre Washington, Susan G Ziegler (Carey, David) (Entered: 05/01/2020)	RECAP
	May 1, 2020	Status Conference
28	May 4, 2020	ORDER Amending EC No. 24 Order Memorializing Telephone Conference. Signed by Judge Edmund A. Sargus on 5/4/2020. (cmw) (Entered: 05/04/2020)	RECAP
29	May 4, 2020	ORDER granting 13 Motion to Intervene and granting 17 Motion to Intervene. Signed by Judge Edmund A. Sargus on 5/4/2020. (cmw) (Entered: 05/04/2020)	RECAP
30	May 4, 2020	MOTION to Amend/Correct Declaration by Intervenor Plaintiffs Anthony Caldwell, James E. Hayes, David G Latanick, Ohioans for Raising the Wage, Pierrette M. Talley. (Attachments: # 1 Exhibit Corrected Declaration) (McTigue, Donald) (Entered: 05/04/2020) 1 Exhibit Corrected Declaration View on PACER	RECAP
31	May 4, 2020	ORDER granting 30 Motion to Amend/Correct. Signed by Judge Edmund A. Sargus on 5/4/2020. (cmw) (Entered: 05/04/2020)	RECAP
32	May 5, 2020	MOTION for Leave to Appear Pro Hac Vice (Filing fee of $400 paid, receipt number 0648-7452327) of Dale Ho and Alora Thomas by Intervenor Parties Scott A Campbell, Darlene L English, Laura A Gold, Hasan Kwame Jeffries, Paul Moke, Ohioans for Secure and Fair Elections, Isabel C Robertson, Ebony Speakes-Hall, Andre Washington, Susan G Ziegler. (Attachments: # 1 Thomas Certificate of Good Standing, # 2 Ho Certificate of Good Standing) (Levenson, Freda) (Entered: 05/05/2020) 1 Thomas Certificate of Good Standing View on PACER 2 Ho Certificate of Good Standing View on PACER	RECAP
33	May 5, 2020	MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number 0648-7452970) of Oliver Hall by Plaintiffs Don Keeney, William T. Schmitt, Chad Thompson. (Brown, Mark) (Entered: 05/05/2020)	RECAP
	May 6, 2020	NOTATION ORDER: The Motions for Admissions Pro Hac Vice of Oliver B Hall, Dale Edwin Ho, and Tiffany Alora Thomas are GRANTED . By Magistrate Judge Chelsey M. Vascura on 5/6/2020. (daf) (Entered: 05/06/2020)	PACER
34	May 6, 2020	NOTICE by Plaintiff Chad Thompson re 4 MOTION for Temporary Restraining Order Supplemental Authority (Attachments: # 1 Appendix Esshaki v. Whitmer (6th Cir. 2020)) (Brown, Mark) (Entered: 05/06/2020) 1 Appendix Esshaki v. Whitmer (6th Cir. 2020) View on PACER	RECAP
35	May 6, 2020	STIPULATION by All Parties by Plaintiffs Don Keeney, William T. Schmitt, Chad Thompson. (Attachments: # 1 Exhibit Windham Initiative, # 2 Exhibit Jacksonville Initiative, # 3 Exhibit Trimble Initiative, # 4 Exhibit Glouster Initiative, # 5 Exhibit Maumee Initiative, # 6 Exhibit Akron Initiative) (Brown, Mark) (Entered: 05/06/2020) 1 Exhibit Windham Initiative View on PACER 2 Exhibit Jacksonville Initiative View on PACER 3 Exhibit Trimble Initiative View on PACER 4 Exhibit Glouster Initiative View on PACER 5 Exhibit Maumee Initiative View on PACER 6 Exhibit Akron Initiative View on PACER	RECAP
36	May 6, 2020	Order memorializing the Telephone Conference on 5/6/2020 before Judge Edmund A. Sargus, Jr. Signed by Judge Edmund A. Sargus, Jr. 5/6/2020 (Court Reporter Darla Coulter.) (cmw) (Entered: 05/06/2020)	Clearinghouse
	May 6, 2020	Order on Motion for Leave to Appear Pro Hac Vice
	May 6, 2020	NOTATION ORDER: The Motions for Admissions Pro Hac Vice of Oliver B Hall, Dale Edwin Ho, and Tiffany Alora Thomas are GRANTED . By Magistrate Judge Chelsey M. Vascura on 5/6/2020. (daf)
37	May 7, 2020	ORDER - The Telephone Status Conferenece set for May 8, 2020 VACATED. Signed by Judge Edmund A. Sargus on 5/7/2020. (cmw) (Entered: 05/07/2020)	RECAP
38	May 11, 2020	MOTION to Exceed Page Limitations for Memorandum in Opposition to Plaintiffs' Motion for Temporary Restraining Order/Preliminary Injunction by Defendants Amy Acton, Richard Mike DeWine, Frank LaRose. (Pfeiffer, Julie) (Entered: 05/11/2020)	RECAP
39	May 12, 2020	NOTATION ORDER - Southern District of Ohio Local Civil Rule 7.2(a)(3) does not, as Defendants suggest, impose a twenty-page limit on briefing. Accordingly, Defendants may, without leave of Court, file a brief that exceeds twenty pages, and Defendants Motion to Exceed Page Limitations (ECF No. 38 ) is DENIED AS MOOT. By Magistrate Judge Chelsey M. Vascura on 5/12/2020. (agm) (Entered: 05/12/2020)	RECAP
40	May 12, 2020	RESPONSE in Opposition re 4 MOTION for Temporary Restraining Order, 15 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Defendants Amy Acton, Richard Mike DeWine, Frank LaRose. (Attachments: # 1 Exhibit A, Aaffidavit of A.M. Grandjean) (Pfeiffer, Julie) (Entered: 05/12/2020) 1 Exhibit A, Aaffidavit of A.M. Grandjean View on PACER	RECAP
	May 12, 2020	Order on Motion for Miscellaneous Relief
41	May 13, 2020	REPLY to Response to Motion re 4 MOTION for Temporary Restraining Order filed by Plaintiffs Don Keeney, William T. Schmitt, Chad Thompson. (Attachments: # 1 Exhibit Frequently Asked Questions) (Brown, Mark) (Entered: 05/13/2020) 1 Exhibit Frequently Asked Questions View on PACER	RECAP
42	May 14, 2020	REPLY to Response to Motion re 17 MOTION to Intervene and MOTION for Temporary Restraining Order and Preliminary Injunction filed by Intervenor Plaintiffs Anthony Caldwell, James E. Hayes, David G Latanick, Ohioans for Raising the Wage, Pierrette M. Talley. (McTigue, Donald) (Entered: 05/14/2020)	RECAP
43	May 14, 2020	REPLY to Response to Motion re 15 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Intervenor Parties Scott A Campbell, Darlene L English, Laura A Gold, Hasan Kwame Jeffries, Paul Moke, Ohioans for Secure and Fair Elections, Isabel C Robertson, Ebony Speakes-Hall, Andre Washington, Susan G Ziegler. (Levenson, Freda) (Entered: 05/14/2020)	RECAP
44	May 19, 2020	OPINION AND ORDER Granting in Part and Denying in Part [4, 15, 17-2] Motions for Preliminary Injunction. Signed by Judge Edmund A. Sargus on 5/19/2020. (cmw) (Entered: 05/19/2020)	Clearinghouse
45	May 20, 2020	NOTICE OF APPEAL re 44 Order on Motion for Preliminary Injunction (Filing fee has been paid, receipt number 0648-7473689) by Defendants Amy Acton, Richard Mike DeWine, Frank LaRose. (Pfeiffer, Julie) (Entered: 05/20/2020)	RECAP
46	May 20, 2020	MOTION to Stay re 44 Order on Motion for Preliminary Injunction by Defendants Amy Acton, Richard Mike DeWine, Frank LaRose. (Pfeiffer, Julie) (Entered: 05/20/2020)	RECAP
47	May 21, 2020	RESPONSE in Opposition re 46 MOTION to Stay re 44 Order on Motion for Preliminary Injunction filed by Plaintiffs Don Keeney, William T. Schmitt, Chad Thompson. (Brown, Mark) (Entered: 05/21/2020)	RECAP
48	May 21, 2020	RESPONSE in Opposition re 46 MOTION to Stay re 44 Order on Motion for Preliminary Injunction filed by Intervenor Plaintiffs Anthony Caldwell, James E. Hayes, David G Latanick, Ohioans for Raising the Wage, Pierrette M. Talley. (McTigue, Donald) (Entered: 05/21/2020)	RECAP
49	May 21, 2020	RESPONSE in Opposition re 46 MOTION to Stay re 44 Order on Motion for Preliminary Injunction filed by Intervenor Parties Scott A Campbell, Darlene L English, Laura A Gold, Hasan Kwame Jeffries, Paul Moke, Ohioans for Secure and Fair Elections, Isabel C Robertson, Ebony Speakes-Hall, Andre Washington, Susan G Ziegler. (Levenson, Freda) (Entered: 05/21/2020)	RECAP
50	May 22, 2020	OPINION AND ORDER Denying 46 Motion to Stay. Signed by Judge Edmund A. Sargus on 5/22/2020.(cmw) (Entered: 05/22/2020)	RECAP
51	May 22, 2020	USCA Case Number 20-3526 for 45 Notice of Appeal filed by Amy Acton, Richard Mike DeWine, Frank LaRose. (pb) (Entered: 05/22/2020)	RECAP
52	May 26, 2020	ORDER of USCA as to 45 Notice of Appeal: The Sixth Circuit GRANTS Defendants' motion for a stay pending appeal and DISMISS as moot their motion for an administrative stay. Note: No Mandate details noted. (er) (Entered: 06/03/2020)	RECAP
53	July 13, 2020	ORDER of USCA as to 45 Notice of Appeal filed by Amy Acton, Richard Mike DeWine, Frank LaRose: The Sixth Circuit DENIES Plaintiffs' emergency motion to partially lift the stay pending appeal and DENY the State's motion to prevent Plaintffs from filing further motions in this case without leave of court. Note: No Mandate details noted. (er) (Entered: 07/14/2020)	RECAP
54	Aug. 25, 2020	Unopposed MOTION to Dismiss Intervenors' Complaints (Voluntary) by Intervenor Plaintiffs Anthony Caldwell, James E. Hayes, David G Latanick, Ohioans for Raising the Wage, Pierrette M. Talley. (McTigue, Donald) (Entered: 08/25/2020)	RECAP
55	Aug. 26, 2020	ORDER of USCA - The order entered August 24, 2020 granting the motion to withdraw filed by interven-rappellees Ohioans for Secure and Fair Elections, et al and Ohioans for Raising the Wage, et al, was inadvertently entered and is hereby VACATED. These parties are reinstated to the active docket and the motion to withdraw remains pending. as to 45 Notice of Appeal filed by Amy Acton, Richard Mike DeWine, Frank LaRose Note: No Mandate details noted. (pb) (Entered: 08/26/2020)	RECAP
56	Aug. 27, 2020	ORDER of USCA - It is ORDERED that the motion be, and it hereby is GRANTED as to 45 Notice of Appeal filed by Amy Acton, Richard Mike DeWine, Frank LaRose Note: No Mandate details noted. (pb) (Entered: 08/27/2020)	RECAP
57	Aug. 28, 2020	NOTATION ORDER granting 54 Motion to Dismiss Intervenors' Complaints. By Magistrate Judge Chelsey M. Vascura on 8/28/2020. (agm) (Entered: 08/28/2020)	RECAP
	Aug. 28, 2020	Order on Motion to Dismiss
58	Sept. 16, 2020	ORDER of USCA as to 45 Notice of Appeal: The Sixth Circuit REVERSES the District Court's grant of a preliminary injunction. Note: Mandate to issue. (er) (Entered: 09/17/2020)	RECAP
59	Sept. 25, 2020	ORDER of USCA as to 45 Notice of Appeal: This is a copy of the Sixth Circuit's opinion together with the judgment which has been entered in conformity with Rule 36, Federal Rules of Appellate Procedure. Note: Mandate to issue. (er) (Entered: 09/27/2020)	RECAP
60	Oct. 8, 2020	MANDATE of USCA as to 45 Notice of Appeal: No costs taxed. (er) (Entered: 10/12/2020)	RECAP
61	Dec. 18, 2020	ORDER - The Answers for Defendants were due May of 2020 and to date have not been filed. Plaintiffs have also not moved for an entry of default.This case shall be dismissed with prejudice in 20 days unless either party objects. Signed by Judge Edmund A. Sargus on 12/18/2020. (cmw) (Entered: 12/18/2020)	RECAP
62	Dec. 22, 2020	Objection re 61 Order, by Plaintiff Chad Thompson. (Brown, Mark) (Entered: 12/22/2020)	RECAP
63	Dec. 28, 2020	ORDER - On December 18, 2020, this Court issued an Order stating that this case would be dismissed within 20 days unless either party objected. ECF No. 61 Plaintiffs have filed an objection indicating that they are in the process of preparing a Petition for a Writ of Certiorari. The Court VACATES December 18, 2020 Order. ECF No. 61 This case is to remain open. Signed by Judge Edmund A. Sargus on 12/28/2020. (cmw) (Entered: 12/28/2020)	RECAP
64	Feb. 9, 2021	NOTICE FROM U.S. SUPREME COURT re 45 Notice of Appeal, Assignment of Case # 20-1072: Petition for writ of certiorari filed on 2/2/2021. Responses due 3/8/2021. (A copy of the SCOTUS docket has been filed in lieu of the notice.) (er) (Entered: 02/10/2021)	RECAP
65	April 21, 2021	MOTION Status Conference by Plaintiffs Don Keeney, William T. Schmitt, Chad Thompson. (Brown, Mark) (Entered: 04/21/2021)	RECAP
66	April 22, 2021	ORDER granting 65 Plaintiff's Motion for a status conference. This matter is scheduled for a telephone conference on 4/28/2021 at 10:00 a.m. Signed by Judge Edmund A. Sargus on 4/22/2021. (cmw)	RECAP
67	April 22, 2021	NOTICE of Hearing: Telephone Status Conference set for 4/28/2021 at 10:00 AM via Teleconference before Judge Edmund A. Sargus. (cmw) (Entered: 04/22/2021)	RECAP
68	April 27, 2021	MOTION to Dismiss claims rendered moot and/or are barred by Eleventh Amendment immunity by Defendants Amy Acton, Richard Mike DeWine, Frank LaRose. (Pfeiffer, Julie) (Entered: 04/27/2021)	RECAP
69	April 27, 2021	NOTICE of Hearing: Telephone Status Conference RESET for 4/28/2021 at 11:00 AM (TIME CHANGE ONLY) via Teleconference before Judge Edmund A. Sargus. (cmw) (Entered: 04/27/2021)	RECAP
70	April 28, 2021	Minute Entry for proceedings held before Judge Edmund A. Sargus: Telephone Status Conference held on 4/28/2021. (Court Reporter: Darla Coulter) (cmw) (Entered: 04/28/2021)	RECAP
	April 28, 2021	Status Conference
71	May 5, 2021	First MOTION for Judgment on the Pleadings and Response to Motion to Dismiss by Plaintiffs Don Keeney, William T. Schmitt, Chad Thompson. (Attachments: # 1 Affidavit Thompson Declaration, # 2 Appendix Scholars' Brief) (Brown, Mark) (Entered: 05/05/2021)	RECAP
72	May 7, 2021	NOTICE by Plaintiff Chad Thompson re 71 First MOTION for Judgment on the Pleadings and Response to Motion to Dismiss Errata (Brown, Mark) (Entered: 05/07/2021)	RECAP
73	May 17, 2021	RESPONSE in Opposition re 71 First MOTION for Judgment on the Pleadings and Response to Motion to Dismiss DEFENDANTS REPLY IN SUPPORT OF MOTION TO DISMISS AND MEMORANDUM IN OPPOSITION TO PLAINTIFFS MOTION FOR JUDGMENT ON THE PLEADINGS filed by Defendants Amy Acton, Richard Mike DeWine, Frank LaRose. (Pfeiffer, Julie) (Entered: 05/17/2021)	RECAP
74	May 21, 2021	REPLY to Response to Motion re 71 First MOTION for Judgment on the Pleadings and Response to Motion to Dismiss filed by Plaintiffs Don Keeney, William T. Schmitt, Chad Thompson. (Brown, Mark) (Entered: 05/21/2021)	RECAP
75	May 27, 2021	NOTICE by Plaintiff Chad Thompson re 71 First MOTION for Judgment on the Pleadings and Response to Motion to Dismiss Admission by Defendant (Brown, Mark) (Entered: 05/27/2021)	RECAP
76	May 28, 2021	NOTICE by Plaintiff Chad Thompson re 73 Response in Opposition to Motion, Supplemental Authority (Brown, Mark) (Entered: 05/28/2021)	RECAP
77	June 2, 2021	NOTICE by Plaintiff Chad Thompson re 73 Response in Opposition to Motion, Supplemental Authority (Brown, Mark) (Entered: 06/02/2021)	RECAP
79	June 3, 2021	CLERK'S JUDGMENT. Signed by Deputy Clerk on 6/3/2021. (cmw) (Entered: 06/03/2021)	RECAP
78	June 3, 2021	OPINION AND ORDER granting 68 Defendants' Motion to Dismiss and denying as moot 71 Plaintiffs' Motion for Judgment on the Pleading. Signed by Judge Edmund A. Sargus on 6/3/2021. (cmw)	Clearinghouse
80	June 4, 2021	NOTICE OF APPEAL (Filing fee has been paid, receipt number AOHSDC-8347397) by Plaintiff Chad Thompson. (Brown, Mark) (Entered: 06/04/2021)	RECAP
81	June 7, 2021	USCA Case Number 21-3514 for 80 Notice of Appeal filed by Chad Thompson; case manager Robin L. Johnson, 513-564-7039. (er) (Entered: 06/13/2021)	RECAP
82	July 28, 2021	OPINION AND JUDGMENT of USCA as to 80 Notice of Appeal: The Sixth Circuit ORDERS that the District Court's Dismissal of Plaintiffs' Complaint is AFFIRMED. Note: Mandate to issue. (er) (Entered: 07/30/2021)	RECAP
83	Aug. 6, 2021	AMENDED OPINION and JUDGMENT of USCA as to 80 Notice of Appeal: The Sixth Circuit ORDERS that the District Court's order dismissing Plaintiff's Complaint is VACATED and REMANDED with instructions to dismiss the case as moot. Note: Mandate to issue. (er) (Entered: 08/08/2021)	RECAP
84	Sept. 27, 2021	MANDATE of USCA as to 80 Notice of Appeal: No costs taxed. (er) (Entered: 09/27/2021)	RECAP
85	Dec. 28, 2021	ORDER- This case is DISMISSED AS MOOT. Signed by Judge Edmund A. Sargus on 12/28/2021. (cmw) (Entered: 12/28/2021)	RECAP
86	Dec. 28, 2021	CLERK'S JUDGMENT. Signed by Deputy Clerk on 12/28/2021. (cmw) (Entered: 12/28/2021)	RECAP
87	March 8, 2022	Notice from Supreme Court of the United States. The petition for a writ of certiorari was denied on 3/7/22. (pb) (Entered: 03/08/2022)	RECAP