Case: Nemes v. Bensinger

3:20-cv-00407 | U.S. District Court for the Western District of Kentucky

Filed Date: June 8, 2020

Closed Date: July 17, 2020

Clearinghouse coding complete

Case Summary

This is a case about the constitutionality of a reduction in the number of polling places during the June 23, 2020 primary election in Kentucky. On June 8, 2020, a Kentucky state representative and several Kentucky residents filed this class action lawsuit in the U.S. District Court for the Western District of Kentucky. They sued the governor, secretary of state, and state election officials as well as county clerks, sheriffs, and election officials in Jefferson, Fayette, Kenton, Boone, and Cam…

This is a case about the constitutionality of a reduction in the number of polling places during the June 23, 2020 primary election in Kentucky. On June 8, 2020, a Kentucky state representative and several Kentucky residents filed this class action lawsuit in the U.S. District Court for the Western District of Kentucky. They sued the governor, secretary of state, and state election officials as well as county clerks, sheriffs, and election officials in Jefferson, Fayette, Kenton, Boone, and Campbell counties under 42 U.S.C. § 1983. Represented by private counsel, the plaintiffs sought declaratory and injunctive relief to prohibit the use of a single in-person voting location in large Kentucky counties during the 2020 primary election. The plaintiffs challenged the restriction of primary voting in each of the named counties to a single in-person voting location, saying the practice violated the First and Fourteenth Amendments as well as § 2 of the Voting Rights Act because it unreasonably burdened the fundamental right to vote, particularly for black voters, elderly voters and voters with disabilities. The case was assigned to Judge Charles R. Simpson, III.

On March 16, 2020, Kentucky’s Secretary of State moved the Kentucky primary election from May 19, 2020 to June 23, 2020 in response to the COVID-19 pandemic. On April 24, 2020 the Governor of Kentucky issued an Executive Order directing the Kentucky Board of Elections to create regulations governing the June primary election to minimize the spread of COVID-19. The emergency regulation issued by the Board of Elections expanded absentee voting and required each county to submit a plan regarding in-person voting. The Board eventually approved election plans from counties surrounding Louisville, Lexington, and Cincinnati that provided only one in-person voting site. On June 8, 2020, the plaintiffs filed suit arguing the use of one polling place would create excessive wait times and severe health risks that would burden the right to vote for black voters, elderly voters and voters with disabilities.

On June 12, 2020, the campaign for a Kentucky Democratic Senate candidate as a Louisville Councilwoman moved to intervene in the lawsuit. On June 16, 2020, the court granted the councilwoman’s motion to intervene, but denied the campaign’s motion. 336 F.R.D. 132.

On June 16, 2020, the Kentucky Secretary of State moved to dismiss the case and the motion was denied as moot. This was because on the same date the parties agreed to dismiss the case against the Governor, the Secretary of State, Boone and Campbell counties. In the agreed order of dismissal, the parties agreed the Governor “did not order any specific number of polling places” and he would abide by any final judgment in the suit. They agreed in another order that Boone and Campbell counties would “open a second polling place for the June 23, 2020 Primary Election” and would comply with a court order “extending polling hours.” The councilwoman and original plaintiffs entered separate orders agreeing the Secretary of State “does not support[] the single polling place for the 2020 Primary Election” and he would “assist[] in any and all relief that may be ordered by the Court.” The court retained jurisdiction to enforce these orders.

On June 18, 2020, Judge Simpson denied a preliminary injunction against the remaining defendants. 467 F.Supp.3d 509. The court found limiting the number of polling places “imposes no more than a modest burden on the right to vote [] as voters” given the alternatives of absentee ballots and early in-person voting, id. at 526, while the defendants provided a “substantial government interest in implementing voting plans that provide for a free and fair election while attempting to minimize the spread of COVID-19.” Id. at 528-29. On the claimant's Voting Rights Act claims, the court determined that the plaintiffs failed to demonstrate that the burden of a single polling place disproportionately affected Black voters. Id. at 533.

The suit was voluntarily withdrawn on July 17, 2020 based on the Kentucky Secretary of State’s representations that he would not allow single polling locations in the largest counties in the November 2020 election.

The case is closed. Though the trial court retained juridiction to enforce the agreed orders, there are no further docket entries and the election has passed.

Summary Authors

Kathryn Hurley (2/4/2022)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/17232113/parties/nemes-v-bensinger/


Judge(s)

Simpson, Charles Ralph III (Kentucky)

Attorneys(s) for Plaintiff

Bruns, Thomas (Ohio)

Wiest, Christopher David (Kentucky)

Attorneys(s) for Defendant

Brown, Taylor A (Kentucky)

Buckner, La Tasha (Kentucky)

Carroll, John F Jr (Kentucky)

Derouen, Jeffery R (Kentucky)

Farris, Marc G (Kentucky)

Mando, Jeffrey C. (Kentucky)

Mayo, Steven T (Kentucky)

Judge(s)

Simpson, Charles Ralph III (Kentucky)

Attorneys(s) for Plaintiff

Bruns, Thomas (Ohio)

Wiest, Christopher David (Kentucky)

Attorneys(s) for Defendant

Brown, Taylor A (Kentucky)

Buckner, La Tasha (Kentucky)

Carroll, John F Jr (Kentucky)

Derouen, Jeffery R (Kentucky)

Farris, Marc G (Kentucky)

Mando, Jeffrey C. (Kentucky)

Mayo, Steven T (Kentucky)

Morgan, Daniel L (Kentucky)

Payne, Taylor Allen (Kentucky)

Stadler, Steven P (Kentucky)

Tipton, Laura S (Kentucky)

Vimont, Richard E (Kentucky)

Wilson, Michael R (Kentucky)

Other Attorney(s)

Brammell, William H (Kentucky)

Campbell, Kayla M (Kentucky)

Hughes, Patrick Raymond (Kentucky)

Expert/Monitor/Master

Johnson, Natalie (Kentucky)

Documents in the Clearinghouse

Document

3:20-cv-00407

Docket [PACER]

July 17, 2020

July 17, 2020

Docket
1

3:20-cv-00407

Verified Class Action Complaint for Injunctive and Declaratory Relief

June 8, 2020

June 8, 2020

Complaint
42

3:20-cv-00407

Revised Agreed Order of Dismissal Without Prejudice

June 16, 2020

June 16, 2020

Order/Opinion
44

3:20-cv-00407

Agreed Order of Dismissal Without Prejudice

Dorsey v. Bensinger

June 16, 2020

June 16, 2020

Order/Opinion
35

3:20-cv-00407

Verified Intervening Complaint of Keisha Dorsey

June 16, 2020

June 16, 2020

Complaint
40

3:20-cv-00407

Memorandum Opinion

336 F.R.D. 132

June 16, 2020

June 16, 2020

Order/Opinion
45

3:20-cv-00407

Agreed Order of Dismissal Without Prejudice

June 16, 2020

June 16, 2020

Order/Opinion
43

3:20-cv-00407

Consent Order

June 16, 2020

June 16, 2020

Order/Opinion
49

3:20-cv-00407

Memorandum Opinion

467 F.Supp.3d 509

June 18, 2020

June 18, 2020

Order/Opinion
52

3:20-cv-00407

Notice of Dismissal Without Prejudice

July 17, 2020

July 17, 2020

Pleading / Motion / Brief

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/17232113/nemes-v-bensinger/

Last updated May 20, 2022, 5:29 a.m.

ECF Number Description Date Link Date / Link
1

VERIFIED COMPLAINT against All Defendants, Filing fee $400, receipt number 0644-3116135, filed by Ken Kearns, Jason Nemes, Tyson Hermes, Aaron Gillum, Theodore Roberts, James "Rich" Howland, and Erik Hermes. (Attachments: # 1 Summons Tendered, # 2 Cover Sheet) (DLW) (Entered: 06/08/2020)

June 8, 2020

June 8, 2020

PACER
2

Case Assignment (Random Selection): Case Assigned to Judge Claria Horn Boom. (DLW) (Entered: 06/08/2020)

June 8, 2020

June 8, 2020

PACER
3

Summons Issued as to All Defendants. Counsel for Plaintiff is responsible for printing and serving the attached issued summons(es). (DLW) (Entered: 06/08/2020)

June 8, 2020

June 8, 2020

PACER
15

Case Assignment (Random Selection): Case Assigned to Judge Justin R. Walker. (ALS) (Entered: 06/11/2020)

June 9, 2020

June 9, 2020

PACER
4

Emergency MOTION for Temporary Restraining Order, Emergency MOTION for Preliminary Injunction for emergency relief related to the June 23, 2020 Kentucky primary election by Plaintiffs Aaron Gillum, Erik Hermes, Tyson Hermes, James "Rich" Howland, Ken Kearns, Jason Nemes, Theodore Roberts (Attachments: # 1 Memorandum in Support Memorandum in Support, # 2 Proposed Order Proposed Order, # 3 Affidavit Declaration of Stephen Voss, PhD, and Report Exhibit, # 4 Affidavit Declaration of Hodgson, # 5 Affidavit Declaration of Heil) (Wiest, Christopher) (Entered: 06/10/2020)

June 10, 2020

June 10, 2020

PACER
5

NOTICE of Appearance by Natalie Johnson on behalf of John Aubrey, Carl Bensinger, Bobbie Holsclaw, Linda Huber (Johnson, Natalie) (Entered: 06/10/2020)

June 10, 2020

June 10, 2020

PACER
6

NOTICE of Appearance by Daniel L. Morgan on behalf of Albert B. Chandler, III (Morgan, Daniel) (Entered: 06/10/2020)

June 10, 2020

June 10, 2020

PACER
7

NOTICE of Appearance by Taylor A. Brown on behalf of Albert B. Chandler, III (Brown, Taylor) (Entered: 06/10/2020)

June 10, 2020

June 10, 2020

PACER
8

NOTICE of Appearance by Jeffrey C. Mando on behalf of Justin Crigler, Michael Helmig, Michael Howard, Mike Jansen, Jim Leursen, Emily Shelton, James Shroer, Jack Snograss (Mando, Jeffrey) (Entered: 06/10/2020)

June 10, 2020

June 10, 2020

PACER
9

ORDER OF RECUSAL. Judge Claria Horn Boom recused. Case reassigned to Judge Justin R. Walker for all further proceedings. cc: Counsel, JRW-CM (ALS) (Entered: 06/11/2020)

June 11, 2020

June 11, 2020

PACER
10

TEXT ORDER OF RECUSAL AND REASSIGNMENT by Judge Justin R. Walker on 6/11/2020. Judge Justin R. Walker RECUSES from this matter and the action is REASSIGNED to Judge Rebecca Grady Jennings for all further proceedings. Counsel shall change the case number to reflect the initials RGJ for all future filings. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.cc: Counsel, CM-Jennings (MEJ) (Entered: 06/11/2020)

June 11, 2020

June 11, 2020

PACER
11

NOTICE of Appearance by Steven P. Stadler on behalf of Don Blevins, Marilyn Dishman, Daniel Miller, Kathy Witt (Stadler, Steven) (Entered: 06/11/2020)

June 11, 2020

June 11, 2020

PACER
12

NOTICE of Appearance by Jeffrey C. Mando on behalf of Richard Scott Kimmich, Chuck Korzenborn, Sarah Rogers, Gabrielle Summe (Mando, Jeffrey) (Entered: 06/11/2020)

June 11, 2020

June 11, 2020

PACER
13

ORDER OF RECUSAL signed by Judge Rebecca Grady Jennings on 6/11/2020. Judge Rebecca Grady Jennings recuses from this matter. Case reassigned to Senior Judge Charles R. Simpson, III for all further proceedings. Counsel are requested to change the Civil action number to reflect the initials CRS on all further pleadings. cc: Counsel, CRS-CM (SMJ) Modified on 6/11/2020 to add text(SMJ). (Entered: 06/11/2020)

June 11, 2020

June 11, 2020

PACER
14

NOTICE of Appearance by Michael R. Wilson on behalf of Michael Adams (Wilson, Michael) (Entered: 06/11/2020)

June 11, 2020

June 11, 2020

PACER
16

NOTICE of Appearance by Steven T. Mayo on behalf of Andrew Beshear (Mayo, Steven) (Entered: 06/11/2020)

June 11, 2020

June 11, 2020

PACER
17

ORDER SETTING CONFERENCE signed by Senior Judge Charles R. Simpson, III on 6/11/2020. Conference set for 6/12/2020 at 11:00 AM by way of a Zoom Videoconference before Senior Judge Charles R. Simpson III. Technical details to connect to the Conference will be provided by separate email. Counsel shall connect to the Conference no later than 10:45 AM.cc: Counsel (RLK) (Entered: 06/11/2020)

June 11, 2020

June 11, 2020

PACER

Order - TEXT ONLY

June 11, 2020

June 11, 2020

PACER
18

Emergency MOTION to Intervene as a Plaintiff by Intervenor - Pending Amy McGrath for Senate, Inc. (Attachments: # 1 Memorandum in Support, # 2 Proposed Order, # 3 Exhibit A - Proposed Complaint) (Brammell, William) (Entered: 06/12/2020)

June 12, 2020

June 12, 2020

PACER
19

Emergency MOTION to Intervene by Intervenor - Pending Keisha Dorsey (Attachments: # 1 Proposed Order Proposed Order, # 2 Exhibit Intervening Complaint) (Wiest, Christopher) (Entered: 06/12/2020)

June 12, 2020

June 12, 2020

PACER
20

NOTICE of Appearance by Kayla M. Campbell on behalf of Amy McGrath for Senate, Inc. (Campbell, Kayla) (Entered: 06/12/2020)

June 12, 2020

June 12, 2020

PACER
21

RESPONSE to Motion re 18 Emergency MOTION to Intervene as a Plaintiff In Opposition filed by Michael Adams. (Wilson, Michael) (Entered: 06/12/2020)

June 12, 2020

June 12, 2020

PACER
22

MEMORANDUM OF CONFERENCE AND ORDER signed by Senior Judge Charles R. Simpson, III on 6/13/2020. Virtual Scheduling Conference was held on 6/12/2020 via Zoom. No motions for recusal were made by the 4:00 p.m. deadline on 6/12/2020. The Court determines that recusal was waived. Objections to the emergency motion of Amy McGrath for Senate, Inc. [R. 18] were to be filed NLT 5:00 p.m. on 6/12/2020. Objection was filed by Defendant Adams [R. 21]. Responses to Keisha Dorsey's emergency motion to intervene filed immediately following the conference 19, shall be filed NLT 10:00 a.m. on 6/15/2020. Any requests by Plaintiffs to supplement their motion for injunctive relief and supporting witness declarations shall be filed NLT 8:00 a.m. on 6/15/2020. Responses to the motion to supplement shall be filed NLT 12:00 p.m. on 6/16/2020. Defendants' answers/dismissal motions, briefs responsive to the requests for injunctive relief and support witness declarations are due NLT 12:00 p.m. on 6/16/2020. An Evidentiary Hearing to be conducted by Zoom is set for 6/17/2020 01:30 PM before Senior Judge Charles R. Simpson III. (Court Reporter Dena Legg.) cc: Counsel (RLK) (Entered: 06/13/2020)

June 13, 2020

June 13, 2020

PACER
23

REPLY to Response to Motion re 18 Emergency MOTION to Intervene as a Plaintiff filed by Amy McGrath for Senate, Inc.. (Brammell, William) (Entered: 06/13/2020)

June 13, 2020

June 13, 2020

PACER
24

Proposed Agreed Order settling case and dismissal without prejudice with conditions between Plaintiffs and Secretary of State Michael Adams (remainder of case and parties remain pending) by Aaron Gillum, Erik Hermes, Tyson Hermes, James "Rich" Howland, Ken Kearns, Jason Nemes, Theodore Roberts. (Wiest, Christopher) (Entered: 06/14/2020)

June 14, 2020

June 14, 2020

PACER
25

Proposed Agreed Order settling case and dismissal without prejudice with conditions between Intervening Plaintiff Keisha Dorsey and Secretary of State Michael Adams (remainder of case and parties remain pending) by Keisha Dorsey. (Wiest, Christopher) (Entered: 06/14/2020)

June 14, 2020

June 14, 2020

PACER
26

Proposed MOTION for Preliminary Injunction and, MOTION for Temporary Restraining Order by Intervenor - Pending Amy McGrath for Senate, Inc. (Attachments: # 1 Memorandum in Support, # 2 Proposed Order, # 3 Exhibit A - Nickols Declaration, # 4 Exhibit B - Covid Daily Report, # 5 Exhibit C - May Declaration, # 6 Exhibit D - Adkins Declaration, # 7 Exhibit E - Cassell Declaration, # 8 Exhibit F - Holt Declaration, # 9 Exhibit G - Brown Declaration, # 10 Exhibit H - Bowman Declaration, # 11 Exhibit I - Bross Declaration, # 12 Exhibit J - O'Neal Declaration, # 13 Exhibit K - Leventis Declaration) (Brammell, William) (Entered: 06/14/2020)

1

View on RECAP

June 14, 2020

June 14, 2020

PACER
27

SUPPLEMENT re 4 Motion for TRO,,, Motion for Preliminary Injunction,, (Attachments: # 1 Affidavit Declaration of James Young, # 2 Affidavit Supplemental Declaration of Dr. Voss, # 3 Affidavit Declaration of Jason Nemes, # 4 Affidavit Declaration of Christopher Wiest, # 5 Exhibit Executive Order 2020-451, activing KY National Guard to assist with election, # 6 Proposed Order Revised Proposed Order) by Keisha Dorsey, Aaron Gillum, Erik Hermes, Tyson Hermes, James "Rich" Howland, Ken Kearns, Jason Nemes, Theodore Roberts. (Wiest, Christopher) (Entered: 06/15/2020)

June 15, 2020

June 15, 2020

PACER
28

Proposed Agreed Order settling case and dismissal without prejudice with conditions between Plaintiffs, Intervening Plaintiffs and Governor Beshear (remainder of case and parties remain pending) by Keisha Dorsey, Aaron Gillum, Erik Hermes, Tyson Hermes, James "Rich" Howland, Ken Kearns, Jason Nemes, Theodore Roberts. (Wiest, Christopher) (Entered: 06/15/2020)

June 15, 2020

June 15, 2020

PACER
29

MOTION for Leave to File Excess Pages by Defendants John Aubrey, Carl Bensinger, Bobbie Holsclaw, Linda Huber (Attachments: # 1 Proposed Order) (Mando, Jeffrey) (Entered: 06/15/2020)

June 15, 2020

June 15, 2020

PACER
30

Proposed Agreed Order (Amended order, due to a mistake in communication, the McGrath Campaign did not agree to the previous order RE#28), settling case between Plaintiffs and Intervening Plaintiff Keisha Dorsey, and dismissal without prejudice with conditions between Plaintiffs and Governor Beshear (remainder of case and parties remain pending) by Keisha Dorsey, Aaron Gillum, Erik Hermes, Tyson Hermes, James "Rich" Howland, Ken Kearns, Jason Nemes, Theodore Roberts. (Wiest, Christopher) (Entered: 06/15/2020)

June 15, 2020

June 15, 2020

PACER
31

Proposed Agreed Order settling case and dismissal without prejudice with conditions between Plaintiffs, Intervening Plaintiffs, and the Boone and Campbell County Defendants (remainder of case and parties remain pending) by Keisha Dorsey, Aaron Gillum, Erik Hermes, Tyson Hermes, James "Rich" Howland, Ken Kearns, Jason Nemes, Theodore Roberts. (Wiest, Christopher) (Entered: 06/15/2020)

June 15, 2020

June 15, 2020

PACER
32

Proposed Agreed Order of Dismissal by Andrew Beshear. (Mayo, Steven) (Entered: 06/16/2020)

June 16, 2020

June 16, 2020

PACER
33

RESPONSE to Motion re 4 Emergency MOTION for Temporary Restraining Order Emergency MOTION for Preliminary Injunction for emergency relief related to the June 23, 2020 Kentucky primary election, 26 Proposed MOTION for Preliminary Injunction and MOTION for Temporary Restraining Order filed by Albert B. Chandler, III. (Attachments: # 1 Exhibit declaration, # 2 Exhibit News report, # 3 Proposed Order) (Morgan, Daniel) (Entered: 06/16/2020)

June 16, 2020

June 16, 2020

PACER
34

ORDER Signed by Senior Judge Charles R. Simpson III on 6/16/2020 - The motion of Keisha Dorsey to intervene (DN 19 ) is GRANTED and the Intervening Complaint (DN 19-2) is ordered FILED OF RECORD. (KD) (Entered: 06/16/2020)

June 16, 2020

June 16, 2020

PACER
35

Intervenor COMPLAINT, filed by Keisha Dorsey. (KD) (Entered: 06/16/2020)

June 16, 2020

June 16, 2020

PACER
36

MOTION to Dismiss for Lack of Jurisdiction, MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Michael Adams (Attachments: # 1 Memorandum in Support, # 2 Proposed Order) (Wilson, Michael) (Entered: 06/16/2020)

1

View on RECAP

June 16, 2020

June 16, 2020

PACER
37

ORDER Signed by Senior Judge Charles R. Simpson III on 6/16/2020 - The motion of the Jefferson County, Fayette County, and Kenton County defendants to exceed page limit (DN 29 ) is GRANTED. (KD) (Entered: 06/16/2020)

June 16, 2020

June 16, 2020

PACER
38

RESPONSE to Motion re 4 Emergency MOTION for Temporary Restraining Order Emergency MOTION for Preliminary Injunction for emergency relief related to the June 23, 2020 Kentucky primary election filed by Richard Scott Kimmich, Chuck Korzenborn, Sarah Rogers, Gabrielle Summe. (Attachments: # 1 Exhibit 03.06.20 Executive-Order 2020-215, # 2 Exhibit Declaration of Maryellen Allen (Jefferson Co.), # 3 Exhibit 03.16.20 Executive-Order 2020-236, # 4 Exhibit 04.24.20 Executive-Order 2020-296, # 5 Exhibit SBE Covid19 Emergency Regulation, # 6 Exhibit County Clerk FAQ 5-7-2020, # 7 Exhibit Declaration of Don Bevins (Fayette Co.), # 8 Exhibit Declaration of Gabrielle Summe (Kenton Co.), # 9 Exhibit Kenton County Application, # 10 Exhibit Fayette County Application, # 11 Exhibit Jefferson County Application, # 12 Proposed Order) (Mando, Jeffrey) (Entered: 06/16/2020)

June 16, 2020

June 16, 2020

PACER
39

ORDER by Senior Judge Charles R. Simpson III on 6/16/2020 - Members of the public may request audio access to the virtual Evidentiary Hearing scheduled to take place on Wednesday, June 17, 2020 at 1:30 p.m. EDT through the following procedure. Please see Order for further details. (KD) (Entered: 06/16/2020)

June 16, 2020

June 16, 2020

PACER
40

MEMORANDUM OPINION by Senior Judge Charles R. Simpson III on 6/16/2020 - The Court will deny the McGrath Campaign's motion to intervene. DN 18 . A separate order will be entered in accordance with this opinion. (KD) (Entered: 06/16/2020)

June 16, 2020

June 16, 2020

RECAP
41

ORDER Signed by Senior Judge Charles R. Simpson III on 6/16/2020 - Proposed Intervenor Amy McGrath for Senate Inc.'s motion to intervene, DN 18, is DENIED. Defendant Secretary of State Michael Adams' motion to dismiss, DN 36, is DENIED AS MOOT. (KD) (Entered: 06/16/2020)

June 16, 2020

June 16, 2020

RECAP
42

REVISED AGREED ORDER OF DISMISSAL WITHOUT PREJUDICE by Senior Judge Charles R. Simpson III on 6/16/2020 - Governor Beshear is hereby dismissed without prejudice under FRCP 41. The Court will retain jurisdiction to enforce this Agreed Order. Governor Beshear shall not further participate in this matter. Please see Order for further details. (KD) (Entered: 06/16/2020)

June 16, 2020

June 16, 2020

RECAP
43

CONSENT ORDER by Senior Judge Charles R. Simpson III on 6/16/2020 - The Court will retain jurisdiction to enforce this Agreed Order. (KD) (Entered: 06/16/2020)

June 16, 2020

June 16, 2020

RECAP
44

AGREED ORDER OF DISMISSAL WITHOUT PREJUDICE by Senior Judge Charles R. Simpson III on 6/16/2020 - Intervening Plaintiff Keisha Dorsey, by and through Counsel, and Defendant Michael Adams, in his official capacity as Kentucky Secretary of State, by and through Counsel, agree and stipulate to settle this matter. Secretary Adams is hereby dismissed without prejudice under FRCP 41. The Court will retain jurisdiction to enforce this Agreed Order. (KD) (Entered: 06/16/2020)

June 16, 2020

June 16, 2020

RECAP
45

AGREED ORDER OF DISMISSAL WITHOUT PREJUDICE by Senior Judge Charles R. Simpson III on 6/16/2020 - Plaintiffs Jason Nemes, James Howland, Ken Kearns, Aaron Gillum, Theodore Roberts, Tyson Hermes, and Erik Hermes (the "Original Plaintiffs"), by and through Counsel, and Defendant Michael Adams, in his official capacity as Kentucky Secretary of State, by and through Counsel, agree and stipulate to settle this matter. Secretary Adams is hereby dismissed without prejudice under FRCP 41. The Court will retain jurisdiction to enforce this Agreed Order. (KD) (Entered: 06/16/2020)

June 16, 2020

June 16, 2020

RECAP
46

NOTICE of Filing Substitute Exhibit by Richard Scott Kimmich, Chuck Korzenborn, Sarah Rogers, Gabrielle Summe re 38 Response to Motion,,, (Attachments: # 1 Exhibit Exh. 8 - Declaration of Gabrielle Summe (Kenton Co Clerk)) (Mando, Jeffrey) (Entered: 06/16/2020)

June 16, 2020

June 16, 2020

PACER
47

NOTICE of Supplemental Authority by Keisha Dorsey, Aaron Gillum, Erik Hermes, Tyson Hermes, James "Rich" Howland, Ken Kearns, Jason Nemes, Theodore Roberts (Wiest, Christopher) (Entered: 06/16/2020)

June 16, 2020

June 16, 2020

PACER
48

ORDER REMANDING VIDEO TELECONFERENCE signed by Senior Judge Charles R. Simpson, III on 6/17/2020. Evidentiary Hearing scheduled for 6/17/2020 is REMANDED. The Court will take the matter under submission.cc: Counsel (RLK) (Entered: 06/17/2020)

June 17, 2020

June 17, 2020

PACER
49

MEMORANDUM OPINION signed by Senior Judge Charles R. Simpson, III, on 6/18/2020. For the reasons set forth, it is apparent that Plaintiffs have not shown a likelihood of success on the merits and Plaintiffs' motion for injunctive relief 4 will be denied. A separate Order will be entered this date in accordance with this Opinion. cc: Counsel (RLK) (Entered: 06/18/2020)

June 18, 2020

June 18, 2020

RECAP
50

ORDER signed by Senior Judge Charles R. Simpson, III, on 6/18/2020. For the reasons set forth in the Memorandum Opinion 49, Plaintiffs' Emergency Motion for Restraining Order and/or Preliminary Injunction 4 is DENIED. cc: Counsel(RLK) (Entered: 06/18/2020)

June 18, 2020

June 18, 2020

PACER
51

MOTION to Dismiss by Defendants John Aubrey, Carl Bensinger, Don Blevins, Deanna Brangers, Albert B. Chandler, III, Marilyn Dishman, Katrina Fitzgerald, Bobbie Holsclaw, Linda Huber, Richard Scott Kimmich, Chuck Korzenborn, James Lewis, Daniel Miller, Sarah Rogers, George Russell, Dwight Sears, Cory Skolnick, Gabrielle Summe, Sherry Whitehouse, Kathy Witt (Attachments: # 1 Proposed Order) (Derouen, Jeffery) (Entered: 06/26/2020)

1 Proposed Order

View on PACER

June 26, 2020

June 26, 2020

RECAP
52

NOTICE of Voluntary Dismissal by Ken Kearns, Jason Nemes, Tyson Hermes, Aaron Gillum, Keisha Dorsey, Theodore Roberts, James "Rich" Howland, Erik Hermes (Wiest, Christopher) (Entered: 07/17/2020)

July 17, 2020

July 17, 2020

RECAP

Case Details

State / Territory: Kentucky

Case Type(s):

Election/Voting Rights

Special Collection(s):

COVID-19 (novel coronavirus)

Healthy Elections COVID litigation tracker

Key Dates

Filing Date: June 8, 2020

Closing Date: July 17, 2020

Case Ongoing: No

Plaintiffs

Plaintiff Description:

All persons who had a desire to vote in person in the primary or are forced to do so if mail in ballots are not received in time and who live in Jefferson, Fayette, Campbell, Boone, Kenton Counties, or any other county, which is using only one polling location for in person voting for the June 23, 2020 primary election

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Mooted before ruling

Defendants

Jefferson County (Jefferson), County

Fayette County (Fayette), County

Kenton County (Kenton), County

Boone County (Boone), County

Campbell County (Campbell), County

Secretary of State, State

Governor, State

State Board of Elections, State

Case Details

Causes of Action:

42 U.S.C. § 1983

Voting Rights Act, section 2, 52 U.S.C. § 10301 (previously 42 U.S.C. § 1973)

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Freedom of speech/association

Equal Protection

Availably Documents:

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

None

Source of Relief:

None

Form of Settlement:

Voluntary Dismissal

Content of Injunction:

Preliminary relief request withdrawn/mooted

Issues

General:

Disparate Impact

Voting

Voting access

Discrimination-basis:

Race discrimination

Race:

Black

Disability:

disability, unspecified

Voting:

Election administration