Case: A. Phillip Randolph Institute v. Hargett

3:20-cv-00374 | U.S. District Court for the Middle District of Tennessee

Filed Date: May 1, 2020

Closed Date: Jan. 26, 2023

Clearinghouse coding complete

Case Summary

On May 1, 2020, two qualified voters and five public interest organizations whose many members were not eligible to vote by mail filed this lawsuit in the U.S. District Court for the Middle District of Tennessee, against the Tennessee Secretary of State, the Tennessee Coordinator of Elections, and the Shelby County District Attorney General. The plaintiffs challenged Tennessee’s restrictions on absentee voters, its criminal penalties against those who aid voters in obtaining absentee ballots, a…

On May 1, 2020, two qualified voters and five public interest organizations whose many members were not eligible to vote by mail filed this lawsuit in the U.S. District Court for the Middle District of Tennessee, against the Tennessee Secretary of State, the Tennessee Coordinator of Elections, and the Shelby County District Attorney General. The plaintiffs challenged Tennessee’s restrictions on absentee voters, its criminal penalties against those who aid voters in obtaining absentee ballots, and the inability for absentee voters to fix their ballots if they are rejected due to errors such as a signature mismatch.

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, alleging that the current vote-by-mail system violated the plaintiffs’ First and Fourteenth Amendment rights. Specifically, the plaintiffs alleged that the vote-by-mail eligibility criteria violated the plaintiff’s fundamental right to vote, that the defendants’ failure to provide absentee voters with any opportunity to cure perceived signature-related deficiencies with their absentee ballot denied the plaintiffs procedural due process, and that criminalizing the encouragement of voting through absentee ballots violated the plaintiffs’ rights to free speech and association. The plaintiffs sought declaratory and injunctive relief enjoining the defendants from excluding any eligible voter from casting an absentee ballot in the August and November 2020 elections, rejecting absentee ballots on the basis of alleged signature-related deficiencies without first providing an opportunity to cure, and enforcing criminal penalties for the unsolicited dissemination of requests for application for absentee ballots by any person. The plaintiffs further sought attorneys’ fees and orders requiring the defendants to (1) establish a procedure allowing voters to cure deficiencies in their absentee ballots, (2) take additional reasonable steps to facilitate absentee voting during the COVID-19 pandemic, (3) broadly publicize the relief granted by the court, (4) instruct and train election officials and poll workers on compliance with the relief, and (5) allow voters to drop off their absentee ballots in person on election days in 2020.

The plaintiffs were represented by the Campaign Legal Center, the Lawyers’ Committee for Civil Rights Under Law, and private attorneys. The case was assigned to District Judge Waverly D. Crenshaw, who recused himself. The case was reassigned to District Judge Eli J. Richardson.

Tennessee was among the few states with an excuse requirement for the August and November 2020 elections in light of COVID-19. The five organizations, A. Phillip Randolph Institute, the Equity Alliance, Free Hearts, Memphis Central Labor Council, and the Tennessee State Conference of the NAACP, faced restrictions preventing them from carrying out voter engagement activities. Under Tennessee law, criminal penalties for giving voters unsolicited requests for an absentee ballot included up to 11 months and 29 days in prison, a fine of up to $2,500, or both. The two individual plaintiffs were ineligible under those laws to receive absentee ballots in the mail.

On June 12, 2020, the plaintiffs submitted an amended complaint that sought to enjoin the defendants from excluding otherwise absentee-eligible voters from casting an absentee ballot solely because they were first-time voters. Tennessee law required voters who registered to vote by mail to vote in person in their first election after registering, regardless of their eligibility to vote by mail. The plaintiffs also moved for a preliminary injunction on the same day.

The following month, on July 21, the court denied the motion for a preliminary injunction with respect to the August 6, 2020 primary election but left the possibility of a preliminary injunction open with respect to the November 3, 2020 general election. Judge Richardson reasoned that the plaintiffs did not bring their challenge far enough in advance of the primary election, especially given that courts should exercise caution when interfering with upcoming elections. 473 F.Supp.3d 789.

On August 10, 2020, the defendants filed a motion to dismiss. The next day, the court declined to grant a preliminary injunction against Tenn. Code Ann. § 2-6-202(c)(4), which criminalizes distributing an “unsolicited request” for an application for an absentee ballot. Judge Richardson held that plaintiffs failed to demonstrate irreparable injury with respect to this provision because the activity that the plaintiffs claimed was criminalized by the provision—namely, the distribution of absentee ballot applications—was actually criminalized by a different provision instead, § 2-6-202(c)(3). The court could not enjoin the enforcement of (c)(3) either, as the plaintiffs had not included that provision in their request for an injunction. The motion remained pending with respect to other statutory provisions. 478 F.Supp.3d 699.

A few days later, on August 14, the plaintiffs filed a motion for reconsideration of the court's refusal to grant the preliminary injunction, which the court denied on August 21. 478 F.Supp.3d 699.

On August 28, 2020, the court declined to grant a preliminary injunction barring enforcement of Tenn. Code Ann. §§ 2-6-202(g) and 2-6-204, which required rejection of absentee ballots with signature verification deficiencies without providing notice or an opportunity to cure. Judge Richardson found that the plaintiffs did not show a likelihood of success on the merits of their claims that the provisions violated procedural due process or the fundamental right to vote. Specifically, the court held that procedural due process does not apply to the right to vote, and that the provisions’ burden on the fundamental right to vote was justified by the state’s interest. Further, the court held that there was not a likelihood of irreparable injury because the number of ballots impacted by the provision was very small. The motion remained pending with respect to the first-time voter restriction under Tenn. Code Ann. § 2-2-115(b)(7). 482 F.Supp.3d 673.

Soon after, on September 9, the court preliminarily enjoined the enforcement of Tenn. Code Ann. § 2-2-115(b)(7). Section 2-2-115(b)(7) requires those who registered to vote by mail to appear in person to vote in the first election after their registration becomes official. Judge Richardson held that the plaintiffs were likely to prevail on their claim that § 2-2-115(b)(7) violated the fundamental right to vote granted by the First Amendment because the state lacked a sufficient interest for the provision, which had not been shown to prevent voter fraud. 485 F.Supp.3d 959. On September 28, 2020, the court declined to reconsider granting the preliminary injunction. 485 F.Supp.3d 959.

The state of Tennessee also moved to stay the preliminary injunction pending the appeal on September 10, 2020. 

On September 11, 2020, the plaintiffs appealed the court’s August 28 refusal to grant a preliminary injunction with respect to §§ 2-6-202(g) and 2-6-204 to the United States Court of Appeals for the Sixth Circuit (Docket Number 20-6046). On October 15, 2020, Circuit Judges Julia Smith Gibbons and Chad A. Readler affirmed the district court’s decision not to grant a preliminary injunction, holding that the plaintiffs had not shown they would be likely to establish standing to challenge those two statutory provisions, as their predictions about harm caused by the provisions were too speculative. Circuit Judge Karen Nelson Moore dissented, criticizing the majority’s opinion as the “passive sanctioning of disenfranchisement.” 978 F.3d 378.

Back in the district court, on September 28, 2020, the plaintiffs moved to voluntarily dismiss their claim that Tennessee had violated people’s right to vote by not allowing universal vote-by-mail during the COVID-19 pandemic. The court did so without prejudice on September 29, 2020. On the same day, Judge Richardson also declined to stay the preliminary injunction pending appeal. 

On October 5, 2020, the defendants appealed the district court’s decision to grant the preliminary injunction to the Sixth Circuit (Docket Number 20-6141) and moved to stay the preliminary injunction pending appeal. Judge Richardson denied the motion on October 8, 2020, on the grounds that the district court lacked jurisdiction to consider the motion. 2020 WL 5983114. The Sixth Circuit also denied the defendants’ motion for a stay on October 19, 2020. 977 F.3d 566.

The district court dealt with discovery disputes throughout 2020 and 2021. 

On June 22, 2021, the Sixth Circuit vacated the preliminary injunction. Writing for the court, Judge Gibbons held that the plaintiffs failed to justify the continuing need for the preliminary injunction. The organizational plaintiffs relied entirely on one individual to establish their interest in the case. Because the COVID-19 pandemic had grown less severe, the rules for absentee voting had changed and the individual wasn’t allowed to vote absentee anymore, so the Sixth Circuit held that the plaintiffs’ requested relief no longer had a real impact on that individual’s interest. Judge Gibbons further elaborated that the plaintiffs’ claim did not fit within the “capable of repetition, yet evading review” exception to the mootness doctrine, as the claim had relied on the unique facts created by the pandemic. Judge Moore dissented, accusing the majority of misconstruing the mootness doctrine. 2 F.4th 548.

In light of the Sixth Circuit’s opinion, the plaintiffs moved to voluntarily dismiss their remaining claims on June 30, 2021. The district court dismissed the remaining claims without prejudice on July 9, 2021. 

The plaintiffs moved for attorneys’ fees on August 9, 2021, which Judge Richardson granted on February 25, 2022. 2022 WL 576554. The defendants appealed the decision to award the plaintiffs attorneys’ fees to the Sixth Circuit on March 16, 2022 (Docket Number 22-5207), arguing that the plaintiffs were not prevailing parties. 

On January 26, 2023, the Sixth Circuit affirmed the attorneys’ fees award for the plaintiffs because the defendants had failed to preserve their argument in the district court. 2023 WL 411381. The district court again granted attorneys’ fees for the plaintiffs on June 14, 2023.

The case is now closed. 

Summary Authors

Averyn Lee (7/4/2020)

Sophia Acker (2/25/2024)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/17125034/parties/memphis-a-phillip-randolph-institute-v-hargett/


Judge(s)
Attorney for Plaintiff

Chaudhuri, Pooja (District of Columbia)

Conarck, Jacob (District of Columbia)

Danahy, Molly (District of Columbia)

Attorney for Defendant

Campbell, Andrew B. (Tennessee)

Cloutier, Matthew Daniel (Tennessee)

Expert/Monitor/Master/Other

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Documents in the Clearinghouse

Document

3:20-cv-00374

Docket [PACER]

Memphis A. Phillip Randolph Institute v. Hargett

July 6, 2020

July 6, 2020

Docket
1

3:20-cv-00374

Complaint

Memphis A. Phillip Randolph Institute v. Hargett

May 1, 2020

May 1, 2020

Complaint
39

3:20-cv-00374

Amended Complaint

June 12, 2020

June 12, 2020

Complaint
40, 40-1, 40-2

3:20-cv-00374

Motion for Preliminary Injunction (Part 1/4)

Memphis A. Phillip Randolph Institute v. Hargett

June 12, 2020

June 12, 2020

Pleading / Motion / Brief
40-2, 40-3, 40-4

3:20-cv-00374

Motion for Preliminary Injunction (Part 3/4)

Memphis A. Phillip Randolph Institute v. Hargett

June 12, 2020

June 12, 2020

Pleading / Motion / Brief
40-2

3:20-cv-00374

Motion for Preliminary Injunction (Part 2/4)

Memphis A. Phillip Randolph Institute v. Hargett

June 12, 2020

June 12, 2020

Pleading / Motion / Brief
40-4 to 40-9

3:20-cv-00374

Motion for Preliminary Injunction (Part 4/4)

Memphis A. Phillip Randolph Institute v. Hargett

June 12, 2020

June 12, 2020

Pleading / Motion / Brief
43

3:20-cv-00374

Memorandum in Support of Motion for Preliminary Injunction

Memphis A. Phillip Randolph Institute v. Hargett

June 15, 2020

June 15, 2020

Pleading / Motion / Brief
46

3:20-cv-00374

Defendant's Response in Opposition to Motion for Preliminary Injunction

Memphis A. Phillip Randolph Institute v. Hargett

June 26, 2020

June 26, 2020

Pleading / Motion / Brief

3:20-cv-00374

Memorandum Opinion & Order

July 21, 2020

July 21, 2020

Order/Opinion

473 F.Supp.3d 473

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/17125034/memphis-a-phillip-randolph-institute-v-hargett/

Last updated March 31, 2024, 4:09 p.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Mark Goins, Tre Hargett and Amy Weirich (Filing fee $400, Receipt number 0650-3134299), filed by Free Hearts, Sekou Franklin, Memphis A. Phillip Randolph Institute, Tennessee State Conference of the NAACP, The, Kendra Lee, Memphis and West Tennessee AFL-CIO Central Labor Council, The, Equity Alliance, The. (Attachments: # 1 Attachment - Civil Cover Sheet)(dt) (Entered: 05/04/2020)

1 Attachment - Civil Cover Sheet

View on PACER

May 1, 2020

May 1, 2020

Clearinghouse
2

BUSINESS ENTITY DISCLOSURE STATEMENT filed by Free Hearts. (dt) (Entered: 05/04/2020)

May 1, 2020

May 1, 2020

PACER
3

BUSINESS ENTITY DISCLOSURE STATEMENT filed by Kendra Lee. (dt) Modified on 5/4/2020 (dt). (Entered: 05/04/2020)

May 1, 2020

May 1, 2020

PACER
4

BUSINESS ENTITY DISCLOSURE STATEMENT filed by Memphis A. Phillip Randolph Institute. (dt) (Entered: 05/04/2020)

May 1, 2020

May 1, 2020

PACER
5

BUSINESS ENTITY DISCLOSURE STATEMENT filed by Sekou Franklin. (dt) (Entered: 05/04/2020)

May 1, 2020

May 1, 2020

PACER
6

BUSINESS ENTITY DISCLOSURE STATEMENT filed by Equity Alliance, The. (dt) Modified on 5/4/2020 (dt). (Entered: 05/04/2020)

May 1, 2020

May 1, 2020

PACER
7

BUSINESS ENTITY DISCLOSURE STATEMENT filed by Memphis and West Tennessee AFL-CIO Central Labor Council, The. (dt) Modified on 5/4/2020 (dt). (Entered: 05/04/2020)

May 1, 2020

May 1, 2020

PACER
8

BUSINESS ENTITY DISCLOSURE STATEMENT filed by Tennessee State Conference of the NAACP, The. (dt) (Entered: 05/04/2020)

May 1, 2020

May 1, 2020

PACER
9

MOTION for attorney Molly Danahy to Appear Pro Hac Vice (Fee not paid-due within 21 days) by Equity Alliance, The, Sekou Franklin, Free Hearts, Kendra Lee, Memphis A. Phillip Randolph Institute, Memphis and West Tennessee AFL-CIO Central Labor Council, The, Tennessee State Conference of the NAACP, The. (dt) (Entered: 05/04/2020)

May 1, 2020

May 1, 2020

PACER
10

CERTIFICATE OF GOOD STANDING of Attorney Molly Elizabeth Danahy from the United States District Court of Maryland filed by Equity Alliance, The, Sekou Franklin, Free Hearts, Kendra Lee, Memphis A. Phillip Randolph Institute, Memphis and West Tennessee AFL-CIO Central Labor Council, The, Tennessee State Conference of the NAACP, The. (dt) (Entered: 05/04/2020)

May 1, 2020

May 1, 2020

PACER
11

MOTION for attorney Jonathan Diaz to Appear Pro Hac Vice (Fee not paid-due within 21 days) by Equity Alliance, The, Sekou Franklin, Free Hearts, Kendra Lee, Memphis A. Phillip Randolph Institute, Memphis and West Tennessee AFL-CIO Central Labor Council, The, Tennessee State Conference of the NAACP, The. (dt) (Entered: 05/04/2020)

May 1, 2020

May 1, 2020

PACER
12

CERTIFICATE OF GOOD STANDING of Attorney Jonathan M. Diaz from the United States District Court of Columbia filed by Equity Alliance, The, Sekou Franklin, Free Hearts, Kendra Lee, Memphis A. Phillip Randolph Institute, Memphis and West Tennessee AFL-CIO Central Labor Council, The, Tennessee State Conference of the NAACP, The. (dt) Modified on 5/4/2020 (dt). (Entered: 05/04/2020)

May 1, 2020

May 1, 2020

PACER
13

MOTION for attorney Ravi Doshi to Appear Pro Hac Vice (Fee not paid-due within 21 days) by Equity Alliance, The, Sekou Franklin, Free Hearts, Kendra Lee, Memphis A. Phillip Randolph Institute, Memphis and West Tennessee AFL-CIO Central Labor Council, The, Tennessee State Conference of the NAACP, The. (dt) (Entered: 05/04/2020)

May 1, 2020

May 1, 2020

PACER
14

CERTIFICATE OF GOOD STANDING of Attorney Ravi Raj Doshi from the United States District Court for the Central of California filed by Equity Alliance, The, Sekou Franklin, Free Hearts, Kendra Lee, Memphis A. Phillip Randolph Institute, Memphis and West Tennessee AFL-CIO Central Labor Council, The, Tennessee State Conference of the NAACP, The. (dt) Modified on 5/4/2020 (dt). (Entered: 05/04/2020)

May 1, 2020

May 1, 2020

PACER
15

MOTION for attorney Danielle Lang to Appear Pro Hac Vice (Fee not paid-due within 21 days) by Equity Alliance, The, Sekou Franklin, Free Hearts, Kendra Lee, Memphis A. Phillip Randolph Institute, Memphis and West Tennessee AFL-CIO Central Labor Council, The, Tennessee State Conference of the NAACP, The. (dt) Modified on 5/4/2020 (dt). (Entered: 05/04/2020)

May 1, 2020

May 1, 2020

PACER
16

CERTIFICATE OF GOOD STANDING of Attorney Danielle Marie Lang from the United States District Court for the Central of California filed by Equity Alliance, The, Sekou Franklin, Free Hearts, Kendra Lee, Memphis A. Phillip Randolph Institute, Memphis and West Tennessee AFL-CIO Central Labor Council, The, Tennessee State Conference of the NAACP, The. (dt) (Entered: 05/04/2020)

May 1, 2020

May 1, 2020

PACER
17

NOTICE/INFORMATION regarding Consent of the Parties to the Magistrate Judge. (dt) (Entered: 05/04/2020)

May 4, 2020

May 4, 2020

PACER
18

NOTICE of Business Entity Disclosure Statement filing requirement. (dt) (Entered: 05/04/2020)

May 4, 2020

May 4, 2020

PACER
19

ORDER OF RECUSAL: I hereby recuse myself from this action. Chief Judge Waverly D. Crenshaw, Jr recused. (Case randomly reassigned to District Judge Eli J. Richardson by the Clerk's Office for all further proceedings). Signed by Chief Judge Waverly D. Crenshaw, Jr on 5/5/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt) (Entered: 05/05/2020)

May 5, 2020

May 5, 2020

RECAP
20

NOTICE/INFORMATION regarding Consent of the Parties to the Magistrate Judge. (dt) (Entered: 05/08/2020)

May 8, 2020

May 8, 2020

PACER

Annotation - Bar Status

May 8, 2020

May 8, 2020

PACER

TN State Bar status verified as active for William L. Harbison, Lisa K. Helton, Christopher C. Sabis and Christina R. Lopez. DC State Bar status verified as active for Ezra D. Rosenberg, Pooja Chaudhuri, Jacob Conarck, Danielle Lang, Ravi Doshi, Molly Danahy and Jonathan Diaz. (dt)

May 8, 2020

May 8, 2020

PACER

Annotation - PHV

May 8, 2020

May 8, 2020

PACER

NOTICE TO COUNSEL Ezra D. Rosenberg, Pooja Chaudhuri and Jacob Conarck: WITHIN 21 DAYS, counsel shall file a Motion to Appear Pro Hac Vice, a Certificate of Good Standing signed by the Clerk of a United States District Court or a U. S. appellate court where admitted, and pay a fee of $100.00 (LR 83.01(b)). PHV due by 5/29/2020. (dt)

May 8, 2020

May 8, 2020

PACER
21

NOTICE of Initial Case Management Conference set for 7/28/2020 at 9:00 AM in Courtroom 783 before Magistrate Judge Jeffery S. Frensley. (dt) (Entered: 05/08/2020)

May 8, 2020

May 8, 2020

PACER
22

Summons issued as to Mark Goins, Tre Hargett and Amy Weirich. (Service copies will be returned to counsel by mail.) (dt) (Entered: 05/08/2020)

May 8, 2020

May 8, 2020

PACER
23

ORDER: This case is REFERRED to the Magistrate Judge for customized case management in accordance with Local Rule 16.01 and 28 U.S.C. § 636(b)(1)(A). This case shall be set for trial upon completion of the initial case management conference by order of the District Court in accordance with the procedures of Local Rule 16.01. Signed by District Judge Eli J. Richardson on 5/8/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt) (Entered: 05/08/2020)

May 8, 2020

May 8, 2020

RECAP
24

MOTION for attorney Ezra D. Rosenberg to Appear Pro Hac Vice (paid $100 PHV fee; receipt number 0650-3138127) by Equity Alliance, The, Sekou Franklin, Free Hearts, Kendra Lee, Memphis A. Phillip Randolph Institute, Memphis and West Tennessee AFL-CIO Central Labor Council, The, Tennessee State Conference of the NAACP, The. (Attachments: # 1 Attachment Certificate of Good Standing)(Harbison, William) (Entered: 05/08/2020)

May 8, 2020

May 8, 2020

PACER
25

MOTION for attorney Pooja Chaudhuri to Appear Pro Hac Vice (paid $100 PHV fee; receipt number 0650-3138136) by Equity Alliance, The, Sekou Franklin, Free Hearts, Kendra Lee, Memphis A. Phillip Randolph Institute, Memphis and West Tennessee AFL-CIO Central Labor Council, The, Tennessee State Conference of the NAACP, The. (Attachments: # 1 Attachment Certificate of Good Standing)(Harbison, William) (Entered: 05/08/2020)

May 8, 2020

May 8, 2020

PACER
26

ORDER granting 24 Motion for Ezra D. Rosenberg to Appear Pro Hac Vice. Signed by Kirk L. Davies on 5/11/20. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(Davies, Kirk) (Entered: 05/11/2020)

May 11, 2020

May 11, 2020

PACER
27

ORDER granting 25 Motion for Pooja Chaudhuri to Appear Pro Hac Vice. Signed by Kirk L. Davies on 5/11/20. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(Davies, Kirk) (Entered: 05/11/2020)

May 11, 2020

May 11, 2020

PACER
28

SUMMONS returned executed by Free Hearts, Sekou Franklin, Memphis A. Phillip Randolph Institute, Tennessee State Conference of the NAACP, The, Kendra Lee, Memphis and West Tennessee AFL-CIO Central Labor Council, The, Equity Alliance, The. Tre Hargett served on 5/8/2020. (Attachments: # 1 Attachment Proof of Service, # 2 Attachment Covid -19 Service)(Harbison, William) (Entered: 05/12/2020)

May 12, 2020

May 12, 2020

PACER
29

SUMMONS returned executed by Free Hearts, Sekou Franklin, Memphis A. Phillip Randolph Institute, Tennessee State Conference of the NAACP, The, Kendra Lee, Memphis and West Tennessee AFL-CIO Central Labor Council, The, Equity Alliance, The. Mark Goins served on 5/8/2020. (Attachments: # 1 Attachment Proof of Service, # 2 Attachment Covid-19 Service)(Harbison, William) (Entered: 05/12/2020)

May 12, 2020

May 12, 2020

PACER
30

RECEIPT #34675058865 in the amount of $400.00 posted by Ravi R. Dashi re 9, 11, 13 and 15 Motions to Appear Pro Hac Vice. (dt) (Entered: 05/20/2020)

May 19, 2020

May 19, 2020

PACER
31

ORDER granting 9 Motion for Molly Danahy to Appear Pro Hac Vice. Signed by Kirk L. Davies on 5/20/20. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(Davies, Kirk) (Entered: 05/20/2020)

May 20, 2020

May 20, 2020

PACER
32

ORDER granting 11 Motion for Jonathan Diaz to Appear Pro Hac Vice. Signed by Kirk L. Davies on 5/20/20. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(Davies, Kirk) (Entered: 05/20/2020)

May 20, 2020

May 20, 2020

PACER
33

ORDER granting 13 Motion for Ravi Doshi to Appear Pro Hac Vice. Signed by Kirk L. Davies on 5/20/20. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(Davies, Kirk) (Entered: 05/20/2020)

May 20, 2020

May 20, 2020

PACER
34

ORDER granting 15 Motion for Danielle Lang to Appear Pro Hac Vice. Signed by Kirk L. Davies on 5/20/20. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(Davies, Kirk) (Entered: 05/20/2020)

May 20, 2020

May 20, 2020

PACER
35

SUMMONS returned executed by Free Hearts, Sekou Franklin, Memphis A. Phillip Randolph Institute, Tennessee State Conference of the NAACP, The, Kendra Lee, Memphis and West Tennessee AFL-CIO Central Labor Council, The, Equity Alliance, The. Amy Weirich served on 5/15/2020. (Harbison, William) (Entered: 05/20/2020)

May 20, 2020

May 20, 2020

PACER
36

NOTICE by Equity Alliance, The, Sekou Franklin, Free Hearts, Kendra Lee, Memphis A. Phillip Randolph Institute, Memphis and West Tennessee AFL-CIO Central Labor Council, The, Tennessee State Conference of the NAACP, The Notice of Withdrawal (Harbison, William) (Entered: 05/29/2020)

May 29, 2020

May 29, 2020

RECAP
37

RECEIPT #34675058971 in the amount of $100.00 posted by Ezra D. Rosenberg re 24 Motion to Appear Pro Hac Vice. (dt) (Entered: 06/09/2020)

June 2, 2020

June 2, 2020

PACER
38

ANSWER to 1 Complaint, by Mark Goins, Tre Hargett, Amy Weirich.(Rieger, Alexander) (Entered: 06/11/2020)

June 11, 2020

June 11, 2020

PACER

Annotation - Bar Status

June 12, 2020

June 12, 2020

PACER

TN State Bar status verified as active for Alexander Stuart Rieger. (dt)

June 12, 2020

June 12, 2020

PACER
39

AMENDED COMPLAINT against Mark Goins, Tre Hargett, Amy Weirich, filed by Free Hearts, Sekou Franklin, Memphis A. Phillip Randolph Institute, Tennessee State Conference of the NAACP, The, Kendra Lee, Memphis and West Tennessee AFL-CIO Central Labor Council, The, Equity Alliance, The.(Harbison, William) (Entered: 06/12/2020)

June 12, 2020

June 12, 2020

Clearinghouse
40

MOTION for Preliminary Injunction by Equity Alliance, The, Sekou Franklin, Free Hearts, Kendra Lee, Memphis A. Phillip Randolph Institute, Memphis and West Tennessee AFL-CIO Central Labor Council, The, Tennessee State Conference of the NAACP, The. (Attachments: # 1 Attachment Proposed Order, # 2 Exhibit A. Doshi Declaration with Exhibits 1-16, # 3 Exhibit B. Reingold Declaration, # 4 Exhibit C. Mohammed Declaration, # 5 Exhibit D. Tennessee NAACP Declaration, # 6 Exhibit E. MCLC Declaration, # 7 Exhibit F. APRI Declaration, # 8 Exhibit G. The Equality Alliance Declaration, # 9 Exhibit H. Free Hearts Declaration)(Harbison, William) (Entered: 06/12/2020)

8

View on RECAP

June 12, 2020

June 12, 2020

Clearinghouse
41

MOTION for Leave to to File Excess Pages by Equity Alliance, The, Sekou Franklin, Free Hearts, Kendra Lee, Memphis A. Phillip Randolph Institute, Memphis and West Tennessee AFL-CIO Central Labor Council, The, Tennessee State Conference of the NAACP, The. (Attachments: # 1 Attachment Proposed Order, # 2 Exhibit A. Memorandum of Law In Support of Motion for Preliminary Injunction)(Harbison, William) (Entered: 06/12/2020)

June 12, 2020

June 12, 2020

PACER
42

ORDER granting 41 Motion for Leave to File Excess Pages. Signed by District Judge Eli J. Richardson on 6/15/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt) (Entered: 06/15/2020)

June 15, 2020

June 15, 2020

PACER
43

MEMORANDUM in Support of 40 MOTION for Preliminary Injunction filed by Equity Alliance, The, Sekou Franklin, Free Hearts, Kendra Lee, Memphis A. Phillip Randolph Institute, Memphis and West Tennessee AFL-CIO Central Labor Council, The. (dt) (Entered: 06/15/2020)

June 15, 2020

June 15, 2020

Clearinghouse

Annotation - Bar Status

June 16, 2020

June 16, 2020

PACER

TN State Bar status verified as active for Janet M. Kleinfelter. (dt)

June 16, 2020

June 16, 2020

PACER
44

NOTICE of Filing by Equity Alliance, The, Sekou Franklin, Free Hearts, Kendra Lee, Memphis A. Phillip Randolph Institute, Memphis and West Tennessee AFL-CIO Central Labor Council, The, Tennessee State Conference of the NAACP, The re 40 MOTION for Preliminary Injunction (Attachments: # 1 Exhibit Declaration of Lisa Helton)(Helton, Lisa) (Entered: 06/26/2020)

June 26, 2020

June 26, 2020

PACER
45

MOTION for Leave to File Excess Pages by Mark Goins, Tre Hargett, Amy Weirich. (Kleinfelter, Janet) (Entered: 06/26/2020)

June 26, 2020

June 26, 2020

RECAP
46

RESPONSE in Opposition re 40 MOTION for Preliminary Injunction, 45 MOTION for Leave to File Excess Pages filed by Mark Goins, Tre Hargett, Amy Weirich. (Attachments: # 1 Exhibit Goins Declaration, # 2 Exhibit McCormack Declaration, # 3 Exhibit Warren Declaration, # 4 Exhibit Farley Declaration, # 5 Exhibit Phillips Declaration, # 6 Exhibit Apple-Jones Declaration, # 7 Exhibit Jameson Declaration)(Kleinfelter, Janet) (Entered: 06/26/2020)

1 Exhibit Goins Declaration

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2 Exhibit McCormack Declaration

View on PACER

3 Exhibit Warren Declaration

View on PACER

4 Exhibit Farley Declaration

View on PACER

5 Exhibit Phillips Declaration

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6 Exhibit Apple-Jones Declaration

View on PACER

7 Exhibit Jameson Declaration

View on PACER

June 26, 2020

June 26, 2020

Clearinghouse
47

ORDER granting 45 Motion to Exceed Page Limitation. Signed by District Judge Eli J. Richardson on 6/29/2020. (vh) (Entered: 06/29/2020)

June 29, 2020

June 29, 2020

PACER
48

NOTICE of Appearance by Andrew B. Campbell on behalf of Mark Goins, Tre Hargett, Amy Weirich (Campbell, Andrew) (Entered: 07/01/2020)

July 1, 2020

July 1, 2020

PACER
49

MOTION for Extension of Time to File Answer re 39 Amended Complaint, by Mark Goins, Tre Hargett, Amy Weirich. (Campbell, Andrew) (Entered: 07/06/2020)

July 6, 2020

July 6, 2020

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50

MOTION for Leave to File Excess Pages by Equity Alliance, The, Sekou Franklin, Free Hearts, Kendra Lee, Memphis A. Phillip Randolph Institute, Memphis and West Tennessee AFL-CIO Central Labor Council, The, Tennessee State Conference of the NAACP, The. (Attachments: # 1**DISREGARD-FILED IN ERROR-ATTORNEY REFILED CORRECT REPLY AT DE#[51-1]** Exhibit Reply Memorandum, # 2 Attachment Proposed Order)(Harbison, William) Modified on 7/7/2020 (dt). (Entered: 07/06/2020)

July 6, 2020

July 6, 2020

PACER
51

NOTICE of Filing by Equity Alliance, The, Sekou Franklin, Free Hearts, Kendra Lee, Memphis A. Phillip Randolph Institute, Memphis and West Tennessee AFL-CIO Central Labor Council, The, Tennessee State Conference of the NAACP, The re 50 MOTION for Leave to File Excess Pages (Attachments: # 1 Exhibit Plaintiffs' proposed reply)(Harbison, William) (Entered: 07/06/2020)

1 Exhibit Plaintiffs' proposed reply

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July 6, 2020

July 6, 2020

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52

ORDER granting 49 Motion for Extension of Time to Answer the 39 Amended Complaint. Signed by Magistrate Judge Jeffery S. Frensley on 7/7/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt) (Entered: 07/07/2020)

July 7, 2020

July 7, 2020

PACER

Annotation - Bar Status

July 7, 2020

July 7, 2020

PACER

TN State Bar status verified as active for Andrew B. Campbell. (dt)

July 7, 2020

July 7, 2020

PACER
53

ORDER granting 50 Motion for Leave to File Excess Pages. Signed by District Judge Eli J. Richardson on 7/7/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt) (Entered: 07/07/2020)

July 7, 2020

July 7, 2020

PACER
54

REPLY to Response to 40 MOTION for Preliminary Injunction filed by Equity Alliance, The, Sekou Franklin, Free Hearts, Kendra Lee, Memphis A. Phillip Randolph Institute, Memphis and West Tennessee AFL-CIO Central Labor Council, The, Tennessee State Conference of the NAACP, The. (dt) (Main Document 54 replaced on 8/5/2020) (dt). (Additional attachment(s) added on 8/5/2020: # 1 Exhibit A - Supplemental Declaration of Ravidoshi, # 2 Exhibit 17 - Absentee By-Mail Ballot Request, # 3 Exhibit 18 - Voting Absentee, # 4 Exhibit B - Supplemental Declaration of Corey Dewayne Sweet, # 5 Exhibit C - Supplemental Declaration of Tennessee State Conference of the NAACP, # 6 Exhibit D - Supplemental Declaration of Memphis and West Tennessee AFL-CIO Central Labor Council, # 7 Exhibit E - Supplemental Declaration of Dr. Linton A. Mohammed) (dt). (Entered: 07/07/2020)

1 Exhibit A - Supplemental Declaration of Ravidoshi

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2 Exhibit 17 - Absentee By-Mail Ballot Request

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3 Exhibit 18 - Voting Absentee

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4 Exhibit B - Supplemental Declaration of Corey Dewayne Sweet

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5 Exhibit C - Supplemental Declaration of Tennessee State Conference of the NAACP

View on PACER

6 Exhibit D - Supplemental Declaration of Memphis and West Tennessee AFL-CIO Centr

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7 Exhibit E - Supplemental Declaration of Dr. Linton A. Mohammed

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July 7, 2020

July 7, 2020

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55

MEMORANDUM OPINION AND ORDER: Plaintiffs' Motion for Preliminary Injunction 40 is Denied to the extent that it seeks a preliminary injunction prior to the August 6 primary election and remains pending to the extent that it seeks a preliminary injunction prior to the November 3 general election. Signed by District Judge Eli J. Richardson on 7/21/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt) (Main Document 55 replaced on 7/21/2020) (dt). Modified on 7/21/2020 (dt). (Entered: 07/21/2020)

July 21, 2020

July 21, 2020

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56

PROPOSED CASE MANAGEMENT ORDER filed by All Plaintiffs. (Lopez, Christina) (Entered: 07/23/2020)

July 23, 2020

July 23, 2020

PACER
57

ORDER: The Initial Case Management Conference set for July 28, 2020 at 9:00 a.m. will be conducted by telephone. Signed by Magistrate Judge Jeffery S. Frensley on 7/27/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt) (Entered: 07/27/2020)

July 27, 2020

July 27, 2020

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Case Management Conference by Telephone

July 28, 2020

July 28, 2020

PACER

Minute Entry for proceedings held before Magistrate Judge Jeffery S. Frensley: Case Management Conference by Telephone held on 7/28/2020. (Hearing lasted 00:35)(ms)

July 28, 2020

July 28, 2020

PACER
58

INITIAL CASE MANAGEMENT ORDER: Motion to Amend Pleadings due by 12/1/2020. Discovery due by 4/19/2021. Dispositive Motions due by 9/13/2021. Case Management Conference by Telephone set for 3/22/2021 at 9:30 AM before Magistrate Judge Jeffery S. Frensley. Signed by Magistrate Judge Jeffery S. Frensley on 7/28/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt) (Entered: 07/28/2020)

July 28, 2020

July 28, 2020

PACER
59

ORDER SETTING CASE FOR TRIAL: Bench Trial set for 2/1/2022 at 9:00 AM in Courtroom 874 before District Judge Eli J. Richardson. Pretrial Conference set for 1/24/2022 at 8:30 AM in Courtroom 874 before District Judge Eli J. Richardson. Exhibit List due by 1/17/2022. Witness List due by 1/17/2022. Proposed Pretrial Order due by 1/17/2022. Signed by District Judge Eli J. Richardson on 7/29/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt) (Entered: 07/29/2020)

July 29, 2020

July 29, 2020

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60

ORDER: By August 11, 2020, Plaintiffs shall advise the Court: (a) of any changes to the scope of the relief they are requesting via the Motion; (b) in at least general terms of any changes to their asserted rationale for the granting of the relief requested in the Motion; and (c) whether they request more time (and if so, how much time) to advise the Court in more detail as to any changed asserted rationale for the granting of the relief requested in the Motion. By August 14, 2020, Defendants shall provide at least a preliminary response to (a) any changes to the scope of the relief Plaintiffs are requesting via the Motion; (b) any changes in Plaintiffs' rationale for the granting of relief requested in the Motion; and (c) whether they request more time (and if so, how much time) to respond in more detail. Signed by District Judge Eli J. Richardson on 8/6/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt) (Entered: 08/06/2020)

Aug. 6, 2020

Aug. 6, 2020

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61

MOTION to Dismiss by Mark Goins, Tre Hargett, Amy Weirich. (Campbell, Andrew) (Entered: 08/10/2020)

Aug. 10, 2020

Aug. 10, 2020

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62

MEMORANDUM in Support of 61 MOTION to Dismiss filed by Mark Goins, Tre Hargett, Amy Weirich . (Attachments: # 1 Exhibit A -- Tennessean Article (8-5-2020), # 2 Exhibit B -- Declaration of Mark Goins)(Campbell, Andrew) (Entered: 08/10/2020)

1 Exhibit A -- Tennessean Article (8-5-2020)

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2 Exhibit B -- Declaration of Mark Goins

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Aug. 10, 2020

Aug. 10, 2020

PACER
63

MOTION to Stay Discovery by Mark Goins, Tre Hargett, Amy Weirich. (Campbell, Andrew) (Entered: 08/10/2020)

Aug. 10, 2020

Aug. 10, 2020

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64

MEMORANDUM in Support of 63 MOTION to Stay Discovery filed by Mark Goins, Tre Hargett, Amy Weirich . (Campbell, Andrew) (Entered: 08/10/2020)

Aug. 10, 2020

Aug. 10, 2020

PACER
65

NOTICE by Equity Alliance, The, Sekou Franklin, Free Hearts, Kendra Lee, Memphis A. Phillip Randolph Institute, Memphis and West Tennessee AFL-CIO Central Labor Council, The, Tennessee State Conference of the NAACP, The re 60 Order,,, Response to Court Order of August 6, 2020 (Harbison, William) (Entered: 08/11/2020)

Aug. 11, 2020

Aug. 11, 2020

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66

MEMORANDUM OPINION & ORDER: Pending before the Court is Plaintiffs' Motion for Preliminary Injunction (Doc. No. 40, "Motion"). Via the Motion, Plaintiffs seek to enjoin Defendants, pending final resolution of Plaintiffs' claims, from enforcing several provisions of Tennessee's electoral laws and procedures. Plaintiffs cannot make the showing of irreparable injury absolutely required for them to obtain this relief. Accordingly, the Motion is denied insofar as it seeks a preliminary injunction as to Tenn. Code. Ann. § 2-6-202(c)(4), but otherwise remains pending. Signed by District Judge Eli J. Richardson on 8/11/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(vh) (Entered: 08/12/2020)

Aug. 11, 2020

Aug. 11, 2020

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67

REPLY filed by. (Kleinfelter, Janet) (Entered: 08/14/2020)

Aug. 14, 2020

Aug. 14, 2020

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68

MOTION for Reconsideration re 66 Order,,, by Equity Alliance, The, Sekou Franklin, Free Hearts, Kendra Lee, Memphis A. Phillip Randolph Institute, Memphis and West Tennessee AFL-CIO Central Labor Council, The, Tennessee State Conference of the NAACP, The. (Helton, Lisa) (Entered: 08/14/2020)

Aug. 14, 2020

Aug. 14, 2020

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69

MEMORANDUM in Support of 68 MOTION for Reconsideration re 66 Order,,, filed by Equity Alliance, The, Sekou Franklin, Free Hearts, Kendra Lee, Memphis A. Phillip Randolph Institute, Memphis and West Tennessee AFL-CIO Central Labor Council, The, Tennessee State Conference of the NAACP, The . (Helton, Lisa) (Entered: 08/14/2020)

Aug. 14, 2020

Aug. 14, 2020

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70

ORDER: Plaintiffs have moved the Court to reconsider its Order (Doc. No. 66) denying in part Plaintiffs' Motion for Preliminary Injunction. (Doc. No. 68, Motion). By 5:00 p.m. on Wednesday, August 19, 2020, Defendants shall respond to the Motion. Signed by District Judge Eli J. Richardson on 8/17/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(am) (Entered: 08/17/2020)

Aug. 17, 2020

Aug. 17, 2020

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71

RESPONSE in Opposition re 68 MOTION for Reconsideration re 66 Order,,, filed by Mark Goins, Tre Hargett, Amy Weirich. (Attachments: # 1 Exhibit A -- Declaration of Mark Goins, # 2 Exhibit 1 to Goins Declaration, # 3 Exhibit 2 to Goins Declaration, # 4 Exhibit 3 to Goins Declaration, # 5 Exhibit 4 to Goins Declaration, # 6 Exhibit 5 to Goins Declaration, # 7 Exhibit 6 to Goins Declaration)(Campbell, Andrew) (Entered: 08/19/2020)

Aug. 19, 2020

Aug. 19, 2020

PACER
72

MOTION for Extension of Time to File Response/Reply as to 61 MOTION to Dismiss by Equity Alliance, The, Sekou Franklin, Free Hearts, Kendra Lee, Memphis A. Phillip Randolph Institute, Memphis and West Tennessee AFL-CIO Central Labor Council, The, Tennessee State Conference of the NAACP, The. (Attachments: # 1 Attachment Proposed Order)(Helton, Lisa) (Entered: 08/21/2020)

Aug. 21, 2020

Aug. 21, 2020

PACER
73

ORDER: The Court adheres to it earlier ruling, and the Motion to Reconsider 68 is hereby DENIED. Signed by District Judge Eli J. Richardson on 8/21/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt) (Entered: 08/21/2020)

Aug. 21, 2020

Aug. 21, 2020

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74

ORDER granting 72 Motion for Extension of Time to File Response to 61 MOTION to Dismiss. Signed by District Judge Eli J. Richardson on 8/24/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt) (Entered: 08/24/2020)

Aug. 24, 2020

Aug. 24, 2020

PACER
75

RESPONSE in Opposition re 63 MOTION to Stay Discovery filed by Equity Alliance, The, Sekou Franklin, Free Hearts, Kendra Lee, Memphis A. Phillip Randolph Institute, Memphis and West Tennessee AFL-CIO Central Labor Council, The, Tennessee State Conference of the NAACP, The. (Attachments: # 1 Attachment Declaration of Ravi Doshi)(Helton, Lisa) (Entered: 08/24/2020)

1 Attachment Declaration of Ravi Doshi

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Aug. 24, 2020

Aug. 24, 2020

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76

REPLY filed by Mark Goins, Tre Hargett, Amy Weirich re 63 Motion to Stay filed by Amy Weirich, Mark Goins, Tre Hargett. (Campbell, Andrew) (Entered: 08/24/2020)

Aug. 24, 2020

Aug. 24, 2020

PACER
77

MEMORANDUM OPINION & ORDER: The Motion for a Preliminary Injunction 40 is denied insofar as it seeks a preliminary injunction as to the signature-verification system. It remains pending, and will be decided shortly, with respect to the so-called first-time voter restriction of Tenn. Code Ann. § 2-2-115(b)(7). Signed by District Judge Eli J. Richardson on 8/28/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt) (Entered: 08/28/2020)

Aug. 28, 2020

Aug. 28, 2020

RECAP
78

RESPONSE in Opposition re 61 MOTION to Dismiss filed by Equity Alliance, The, Sekou Franklin, Free Hearts, Kendra Lee, Memphis A. Phillip Randolph Institute, Memphis and West Tennessee AFL-CIO Central Labor Council, The, Tennessee State Conference of the NAACP, The. (Attachments: # 1 Exhibit 1. Tennessee NAACP Decl., # 2 Exhibit 2. MCLC Decl., # 3 Exhibit 3. APRI Decl., # 4 Exhibit 4. Equity Alliance Decl., # 5 Exhibit 5. Free Hearts Decl., # 6 Exhibit 6. Tennessee NAACP Supp. Decl., # 7 Exhibit 7. MCLC Supp. Decl., # 8 Exhibit 8. Sweet Decl.)(Harbison, William) (Entered: 08/31/2020)

Aug. 31, 2020

Aug. 31, 2020

PACER
79

MEMORANDUM OPINION & ORDER Signed by District Judge Eli J. Richardson on 9/9/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt) (Entered: 09/09/2020)

Sept. 9, 2020

Sept. 9, 2020

Clearinghouse
80

PRELIMINARY INJUNCTION ORDER: For the reasons stated in the accompanying Memorandum Opinion and Order, Plaintiffs' Motion for Preliminary Injunction 40 is GRANTED insofar as it seeks to preliminarily enjoin enforcement of the first-time voter restriction. This preliminary injunction is effective upon its issuance on 9/9/2020, at 5:00 p.m. Signed by District Judge Eli J. Richardson on 9/9/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt) (Entered: 09/09/2020)

Sept. 9, 2020

Sept. 9, 2020

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81

NOTICE of Appearance by Matthew Daniel Cloutier on behalf of Mark Goins, Tre Hargett, Amy Weirich (Cloutier, Matthew) (Entered: 09/10/2020)

Sept. 10, 2020

Sept. 10, 2020

PACER
82

REPLY to Response to re 61 MOTION to Dismiss filed by Mark Goins, Tre Hargett, Amy Weirich. (Cloutier, Matthew) (Entered: 09/10/2020)

Sept. 10, 2020

Sept. 10, 2020

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83

MOTION to Stay re 80 Order on Motion for Preliminary Injunction,, by Mark Goins, Tre Hargett, Amy Weirich. (Campbell, Andrew) (Entered: 09/10/2020)

Sept. 10, 2020

Sept. 10, 2020

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84

MEMORANDUM in Support of 83 MOTION to Stay re 80 Order on Motion for Preliminary Injunction,, filed by Mark Goins, Tre Hargett, Amy Weirich . (Campbell, Andrew) (Entered: 09/10/2020)

Sept. 10, 2020

Sept. 10, 2020

PACER
85

ORDER: Plaintiffs shall respond to the Motion to Stay 83 by 9/14/2020. In addition, counsel are advised that, upon request from counsel, the Court would be willing to discuss logistical issues related to the Motion after the conclusion of the status conference scheduled for September 11, 2020 in related Case No. 3:20-cv-00736. Signed by District Judge Eli J. Richardson on 9/10/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt) (Entered: 09/10/2020)

Sept. 10, 2020

Sept. 10, 2020

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86

NOTICE by Equity Alliance, The, Sekou Franklin, Free Hearts, Kendra Lee, Memphis A. Phillip Randolph Institute, Memphis and West Tennessee AFL-CIO Central Labor Council, The, Tennessee State Conference of the NAACP, The re 82 Reply to Response to Motion, 79 Memorandum Opinion of the Court, Order (Attachments: # 1 Exhibit A - Declaration of Gloria Sweet-Love, # 2 Exhibit B - Second Declaration of Corey Sweet)(Harbison, William) (Entered: 09/10/2020)

1 Exhibit A - Declaration of Gloria Sweet-Love

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2 Exhibit B - Second Declaration of Corey Sweet

View on RECAP

Sept. 10, 2020

Sept. 10, 2020

RECAP

Annotation - Bar Status

Sept. 11, 2020

Sept. 11, 2020

PACER

TN State Bar status verified as active for Matthew Daniel Cloutier. (dt)

Sept. 11, 2020

Sept. 11, 2020

PACER

Case Details

State / Territory: Tennessee

Case Type(s):

Election/Voting Rights

Special Collection(s):

COVID-19 (novel coronavirus)

Multi-LexSum (in sample)

Key Dates

Filing Date: May 1, 2020

Closing Date: Jan. 26, 2023

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Two qualified voters and five organizations challenging Tennessee’s restrictions on absentee voters.

Plaintiff Type(s):

Private Plaintiff

Non-profit NON-religious organization

Attorney Organizations:

Lawyers Comm. for Civil Rights Under Law

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Tennessee Coordinator of Elections, State

Tennessee Secretary of State, State

Shelby County District Attorney General (Shelby), County

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

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

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Due Process

Due Process: Procedural Due Process

Due Process: Substantive Due Process

Freedom of speech/association

Available Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Attorneys fees

Source of Relief:

Settlement

Litigation

Form of Settlement:

Voluntary Dismissal

Content of Injunction:

Preliminary relief granted

Preliminary relief denied

Voting Process Changes

State Statute Struck Down

Order Duration: 2020 - 2021

Issues

COVID-19:

Attorneys fees or sanctions ordered

Mitigation Requested

Voting:

Election administration

Voter qualifications

Voter registration rules

Voting: General & Misc.