1
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Complaint against Frank LaRose. Filing fee paid $ 400, Receipt number AOHNDC-10218692. Filed by C. Ellen Connally, Ohio State Conference of the NAACP, Matthew Nowling, Soli Collins, League of Women Voters of Ohio, Ryllie Jesionowski, A. Philip Randolph Institute of Ohio, Beatrice Griffin, Marcus Germany, Sarah Rikleen. (Attachments: # 1 Civil Cover Sheet) (Schuster, James) (Entered: 08/26/2020)
1 Civil Cover Sheet Civil Cover Sheet
View on PACER
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Aug. 26, 2020
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Aug. 26, 2020
RECAP
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Judge Dan Aaron Polster assigned to case, (B,R)
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Aug. 27, 2020
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Aug. 27, 2020
PACER
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Utility Event
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Aug. 27, 2020
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Aug. 27, 2020
PACER
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Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge William H. Baughman, Jr. (B,R)
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Aug. 27, 2020
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Aug. 27, 2020
PACER
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Random Assignment of Magistrate Judge
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Aug. 27, 2020
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Aug. 27, 2020
PACER
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2
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Magistrate Consent Form issued. Summons not provided and were not issued. (B,R) (Entered: 08/27/2020)
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Aug. 27, 2020
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Aug. 27, 2020
RECAP
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3
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Waiver of Service Returned Executed. Frank LaRose waiver sent on 8/27/2020, answer due 10/26/2020 filed on behalf of C. Ellen Connally; Ohio State Conference of the NAACP; Matthew Nowling; Soli Collins; League of Women Voters of Ohio; Ryllie Jesionowski; A. Philip Randolph Institute of Ohio; Beatrice Griffin; Marcus Germany; Sarah Rikleen (Schuster, James) (Entered: 08/28/2020)
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Aug. 28, 2020
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Aug. 28, 2020
RECAP
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Notice [non-document] of Telephone Conference set for 8/31/2020 at 02:30 PM before Judge Dan Aaron Polster. (K,K)
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Aug. 31, 2020
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Aug. 31, 2020
PACER
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Notice of Hearing or Conference
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Aug. 31, 2020
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Aug. 31, 2020
PACER
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4
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Motion for attorney Ezra Rosenberg to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-10226637, filed by A. Philip Randolph Institute of Ohio, Soli Collins, C. Ellen Connally, Marcus Germany, Beatrice Griffin, Ryllie Jesionowski, League of Women Voters of Ohio, Matthew Nowling, Ohio State Conference of the NAACP, Sarah Rikleen. (Attachments: # 1 Exhibit "A" - Declaration)(Schuster, James - s/Ezra Rosenberg) Modified to note attorney signature on 9/1/2020 (M,TL). (Entered: 08/31/2020)
1 Exhibit "A"
View on PACER
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Aug. 31, 2020
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Aug. 31, 2020
PACER
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5
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Motion for attorney Pooja Chaudhuri to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-10226701, filed by A. Philip Randolph Institute of Ohio, Soli Collins, C. Ellen Connally, Marcus Germany, Beatrice Griffin, Ryllie Jesionowski, League of Women Voters of Ohio, Matthew Nowling, Ohio State Conference of the NAACP, Sarah Rikleen. (Attachments: # 1 Exhibit "A")(Schuster, James - s/Pooja Chaudhuri) Modified to add attorney name on 9/1/2020 (M,TL). (Entered: 08/31/2020)
1 Exhibit "A"
View on PACER
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Aug. 31, 2020
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Aug. 31, 2020
PACER
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6
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Attorney Appearance by David J. Carey filed by on behalf of All Plaintiffs. (Carey, David) (Entered: 08/31/2020)
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Aug. 31, 2020
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Aug. 31, 2020
RECAP
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7
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Attorney Appearance by Freda J. Levenson filed by on behalf of All Plaintiffs. (Levenson, Freda) (Entered: 08/31/2020)
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Aug. 31, 2020
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Aug. 31, 2020
PACER
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8
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Attorney Appearance by Michael R. Sliwinski filed by on behalf of Frank LaRose. (Sliwinski, Michael) (Entered: 08/31/2020)
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Aug. 31, 2020
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Aug. 31, 2020
RECAP
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9
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Attorney Appearance by Charles M. Miller filed by on behalf of Frank LaRose. (Miller, Charles) (Entered: 08/31/2020)
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Aug. 31, 2020
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Aug. 31, 2020
PACER
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Minutes of proceedings [non-document] before Judge Dan Aaron Polster. On August 31, 2020, the Court held a teleconference attended by Plaintiffs' counsel Jon Greenbaum, Pooja Chaudhuri, Neil Steiner, Lindsey Cohan, Erik Snapp, Theodore Yale, Subodh Chandra, James Schuster, and David Carey; Plaintiffs' representatives Andre Washington, Tom Roberts, C. Ellen Connally, and Ezra Rosenberg; Defendant's counsel Charles Miller and Michael Sliwinski; and Defendant's representative Mike Grodhaus. The Court discussed Plaintiffs' claims with the parties and the necessity of a quick resolution. Plaintiffs have not yet filed a motion for preliminary injunction, and the parties agreed to take the concerns reflected by the Court into consideration. Nothing further was scheduled. Time: 45 min. (P,R)
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Sept. 1, 2020
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Sept. 1, 2020
PACER
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Minutes of proceedings [non-document] before Judge Dan Aaron Polster. On August 31, 2020, the Court held a teleconference attended by Plaintiffs' counsel Jon Greenbaum, Pooja Chaudhuri, Neil Steiner, Lindsey Cohan, Erik Snapp, Theodore Yale, Subodh Chandra, James Schuster, and David Carey; Plaintiffs' representatives Andre Washington, Tom Roberts, C. Ellen Connally, and Ezra Rosenberg; Defendant's counsel Charles Miller and Michael Sliwinski; and Defendant's representative Mike Grodhaus. The Court discussed Plaintiffs' claims with the parties and the necessity of a quick resolution. Plaintiffs have not yet filed a motion for preliminary injunction, and the parties agreed to take the concerns reflected by the Court into consideration. Nothing further was scheduled. (Court Reporter: Susan Trischan) Time: 45 min. (P,R) Notice regenerated on 9/14/2020 (K,K).
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Sept. 1, 2020
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Sept. 1, 2020
PACER
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Telephone Conference
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Sept. 1, 2020
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Sept. 1, 2020
PACER
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10
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Motion for attorney Erik W. Snapp to Appear Pro Hac Vice. (Along with Exhibit "A") Filing fee $ 120, receipt number AOHNDC-10232677, filed by A. Philip Randolph Institute of Ohio, Soli Collins, C. Ellen Connally, Marcus Germany, Beatrice Griffin, Ryllie Jesionowski, League of Women Voters of Ohio, Matthew Nowling, Ohio State Conference of the NAACP, Sarah Rikleen. (Attachments: # 1 Exhibit "A")(Schuster, James) (Entered: 09/01/2020)
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Sept. 1, 2020
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Sept. 1, 2020
PACER
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11
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Motion for attorney Lindsey B. Cohan to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-10232881, filed by A. Philip Randolph Institute of Ohio, Soli Collins, C. Ellen Connally, Marcus Germany, Beatrice Griffin, Ryllie Jesionowski, League of Women Voters of Ohio, Matthew Nowling, Ohio State Conference of the NAACP, Sarah Rikleen. (Attachments: # 1 Exhibit "A")(Schuster, James) (Entered: 09/01/2020)
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Sept. 1, 2020
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Sept. 1, 2020
PACER
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Order [non-document] granting Motions for appearance pro hac vice by attorneys Ezra Rosenberg and Pooja Chaudhuri for Plaintiffs. Local Rule 5.1(c) requires that attorneys register for NextGen CM/ECF and file and receive all documents electronically. NextGen CM/ECF registration can be done online at www.pacer.gov. Login with your PACER credentials, go to the Maintenance tab, click Attorney Admissions/E-File Registration, select Ohio Northern District Court and then select Pro Hac Vice. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. (Related Doc ## 4, 5 ). Approved by Judge Dan Aaron Polster on 9/2/2020.(K,K)
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Sept. 2, 2020
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Sept. 2, 2020
PACER
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Order [non-document] granting Motion for appearance pro hac vice by attorney Erik W. Snapp for Plaintiffs. Local Rule 5.1(c) requires that attorneys register for NextGen CM/ECF and file and receive all documents electronically. NextGen CM/ECF registration can be done online at www.pacer.gov. Login with your PACER credentials, go to the Maintenance tab, click Attorney Admissions/E-File Registration, select Ohio Northern District Court and then select Pro Hac Vice. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. (Related Doc # 10 ). Approved by Judge Dan Aaron Polster on 9/2/2020.(K,K)
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Sept. 2, 2020
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Sept. 2, 2020
PACER
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Order [non-document] granting Motion for appearance pro hac vice by attorney Lindsey Beth Cohan for Plaintiffs. Local Rule 5.1(c) requires that attorneys register for NextGen CM/ECF and file and receive all documents electronically. NextGen CM/ECF registration can be done online at www.pacer.gov. Login with your PACER credentials, go to the Maintenance tab, click Attorney Admissions/E-File Registration, select Ohio Northern District Court and then select Pro Hac Vice. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. (Related Doc # 11 ) Approved by Judge Dan Aaron Polster on 9/2/2020.(K,K)
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Sept. 2, 2020
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Sept. 2, 2020
PACER
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Order on Motion to Appear Pro Hac
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Sept. 2, 2020
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Sept. 2, 2020
PACER
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Order on Motion to appear pro hac vice AND Order on Motion to appear pro hac vice
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Sept. 2, 2020
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Sept. 2, 2020
PACER
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Order on Motion to appear pro hac vice
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Sept. 2, 2020
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Sept. 2, 2020
PACER
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12
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Transcript of Status Conference held on August 31, 2020 before Judge Dan A. Polster. To obtain a copy of this transcript please contact court reporter Sue Trischan at susan_trischan@ohnd.uscourts.gov or 216-357-7087. [28 pages] Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties requesting that privacy information be redacted must file a notice of intent to redact with the court by 9/11/2020. Redaction Request due 9/25/2020. Redacted Transcript Deadline set for 10/5/2020. Release of Transcript Restriction set for 12/3/2020. (T,S) (Entered: 09/04/2020)
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Sept. 4, 2020
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Sept. 4, 2020
PACER
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13
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Motion for preliminary injunction filed by A. Philip Randolph Institute of Ohio, Soli Collins, C. Ellen Connally, Marcus Germany, Beatrice Griffin, Ryllie Jesionowski, League of Women Voters of Ohio, Matthew Nowling, Ohio State Conference of the NAACP, Sarah Rikleen. (Attachments: # 1 Brief in Support, # 2 Proposed Order, # 3 Exhibit A (Declaration - Ditchey, David), # 4 Exhibit B (Directive 2020-16), # 5 Exhibit C (Delaration - Chatman, Daniel), # 6 Exhibit D (Declaration - McCool, Daniel), # 7 Exhibit E (Declaration - Lederman, Michael), # 8 Exhibit F (Declaration - Chappell, Inajo Davis), # 9 Exhibit G (Attestation - Schuster, James), # 10 Exhibit H (Declaration - McGuire, Paddy), # 11 Exhibit I (Declaration - Jesionowski, Ryllie), # 12 Exhibit J (Declaration - Collins, Soli), # 13 Exhibit K (Griffin, Beatrice), # 14 Exhibit L (Declaration - Connally, C. Ellen), # 15 Exhibit M (Declaration - Nowling, Matthew), # 16 Exhibit N (Declaration - Germany, Marcus), # 17 Exhibit O (Declaration - Rikleen, Sarah), # 18 Exhibit P (Declaration - Washington, Andre), # 19 Exhibit Q (Declaration - Miller, Jen), # 20 Exhibit R (Declaration - Roberts, Tom))(Schuster, James) (Entered: 09/04/2020)
1 Brief in Support Memorandum (In Support of Preliminary Injunction)
View on RECAP
2 Proposed Order (Preliminary Injunction)
View on PACER
3 Exhibit Exh. A (Declaration - Ditchey, David)
View on PACER
4 Exhibit Exh. B (Directive 2020-16)
View on PACER
5 Exhibit Exh. C (Delaration - Chatman, Daniel)
View on PACER
6 Exhibit Exh. D (Declaration - McCool, Daniel)
View on PACER
7 Exhibit Exh. E (Declaration - Lederman, Michael)
View on PACER
8 Exhibit Exh. F (Declaration - Chappell, Inajo Davis)
View on PACER
9 Exhibit Exh. G (Attestation - Schuster, James)
View on PACER
10 Exhibit Exh. H (Declaration - McGuire, Paddy)
View on PACER
11 Exhibit Exh. I (Declaration - Jesionowski, Ryllie)
View on PACER
12 Exhibit Exh. J (Declaration - Collins, Soli)
View on PACER
13 Exhibit Exh. K (Griffin, Beatrice)
View on PACER
14 Exhibit Exh. L (Declaration - Connally, C. Ellen)
View on PACER
15 Exhibit Exh. M (Declaration - Nowling, Matthew)
View on PACER
16 Exhibit Exh. N (Declaration - Germany, Marcus)
View on PACER
17 Exhibit Exh. O (Declaration - Rikleen, Sarah)
View on PACER
18 Exhibit Exh. P (Declaration - Washington, Andre)
View on PACER
19 Exhibit Exh. Q (Declaration - Miller, Jen)
View on PACER
20 Exhibit Exh. R (Declaration - Roberts, Tom)
View on RECAP
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Sept. 4, 2020
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Sept. 4, 2020
RECAP
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14
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Motion for Order for Expedited Briefing Schedule (Preliminary Injunction) filed by A. Philip Randolph Institute of Ohio, Soli Collins, C. Ellen Connally, Marcus Germany, Beatrice Griffin, Ryllie Jesionowski, League of Women Voters of Ohio, Matthew Nowling, Ohio State Conference of the NAACP, Sarah Rikleen. Related document(s) 13 . (Schuster, James) (Entered: 09/04/2020)
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Sept. 4, 2020
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Sept. 4, 2020
PACER
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IMPORTANT: Notice [non-document] Telephone Conference set for 9/8/2020 at 11:00 AM before Judge Dan Aaron Polster. Related document(s) 13, 14 . (K,K)
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Sept. 8, 2020
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Sept. 8, 2020
PACER
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Notice of Hearing or Conference
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Sept. 8, 2020
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Sept. 8, 2020
PACER
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15
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Correction of Docket# [13-4] - Exhibit B - Directive 2020-16 filed by All Plaintiffs. Related document(s) 13 . (Schuster, James) (Entered: 09/08/2020)
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Sept. 8, 2020
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Sept. 8, 2020
PACER
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16
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Answer to 1 Complaint, filed by Frank LaRose. (Sliwinski, Michael) (Entered: 09/09/2020)
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Sept. 9, 2020
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Sept. 9, 2020
RECAP
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Minute Order _ Telephone Conference
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Sept. 9, 2020
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Sept. 9, 2020
PACER
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Minute Order [non-document] - On September 8, 2020, the Court held a teleconference. The Court discussed Plaintiffs' motion for preliminary injunction and related state court case with the parties. Defendant's counsel represented that it is their position that the statute at issue does not allow for more than one drop box per county. However, if a court directs otherwise, the Secretary will follow that order and allow additional drop boxes. The Court will adhere to the principle that it is to construe statutes to avoid constitutional conflict. Therefore, the parties shall address in their briefing, and at the hearing, whether the statute prohibits any County Board of Elections from authorizing more than one secure drop box, and at sites other than the Board itself. Due to the urgency of a final decision, the Court's Order will consolidate Plaintiffs' motion for preliminary injunction and permanent injunction pursuant to Fed. R. Civ. P.65(a)(2). Defendant shall file its response to Plaintiffs' motion for preliminary injunction no later than September 16, 2020, and Plaintiffs shall file its reply to Defendant's opposition motion no later than September 21, 2020. The parties shall exchange exhibits, with copies sent to the Court, no later than 12:00 noon on September 21, 2020. A hearing will be held via Zoom on September 23, 2020, at 9:30 am. The Court will provide the parties with instructions as to how to access the hearing. Plaintiffs shall file a notice addressing, if the Court grants their requested relief, whether Plaintiffs intend to bring legal action against counties in the event that they decide to exercise their discretion by not providing more than one drop box, no later than 12:00 noon on September 9, 2020. Judge Dan Aaron Polster on 9/9/20. Time: 1 hr (P,R)
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Sept. 9, 2020
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Sept. 9, 2020
PACER
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Minute Order [non-document] On September 8, 2020, the Court held a teleconference. The Court discussed Plaintiffs' motion for preliminary injunction and related state court case with the parties. Defendant's counsel represented that it is their position that the statute at issue does not allow for more than one drop box per county. However, if a court directs otherwise, the Secretary will follow that order and allow additional drop boxes. The Court will adhere to the principle that it is to construe statutes to avoid constitutional conflict. Therefore, the parties shall address in their briefing, and at the hearing, whether the statute prohibits any County Board of Elections from authorizing more than one secure drop box, and at sites other than the Board itself. Due to the urgency of a final decision, the Court's Order will consolidate Plaintiffs' motion for preliminary injunction and permanent injunction pursuant to Fed. R. Civ. P.65(a)(2). Defendant shall file its response to Plaintiffs' motion for preliminary injunction no later than September 16, 2020, and Plaintiffs shall file its reply to Defendant's opposition motion no later than September 21, 2020. The parties shall exchange exhibits, with copies sent to the Court, no later than 12:00 noon on September 21, 2020. A hearing will be held via Zoom on September 23, 2020, at 9:30 am. The Court will provide the parties with instructions as to how to access the hearing. Plaintiffs shall file a notice addressing, if the Court grants their requested relief, whether Plaintiffs intend to bring legal action against counties in the event that they decide to exercise their discretion by not providing more than one drop box, no later than 12:00 noon on September 9, 2020. Judge Dan Aaron Polster on 9/9/20. (Court Reporter: Lance Boardman) Time: 1 hr (P,R) Notice regenerated on 9/14/2020 (K,K).
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Sept. 9, 2020
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Sept. 9, 2020
PACER
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17
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Notice Regarding Requested Relief filed by All Plaintiffs. Related document(s) 13, 1 .(Schuster, James) (Entered: 09/09/2020)
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Sept. 9, 2020
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Sept. 9, 2020
RECAP
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18
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Motion to intervene as a party filed by Donald J. Trump for President, Inc., Ohio Republican Party, Republican National Committee, National Republican Congressional Committee. (Attachments: # 1 Brief in Support, # 2 Exhibit A - Order in ODP v. LaRose (20 CV 5634), # 3 Exhibit B - Order in LWV v. LaRose (20-cv-3843), # 4 Exhibit C - Order in ODP v. LaRose (20 CV 4997), # 5 Exhibit D - Proposed Answer)(McLaughlin, Christopher) (Entered: 09/10/2020)
1 Brief in Support
View on RECAP
2 Exhibit A - Order in ODP v. LaRose (20 CV 5634)
View on PACER
3 Exhibit B - Order in LWV v. LaRose (20-cv-3843)
View on PACER
4 Exhibit C - Order in ODP v. LaRose (20 CV 4997)
View on PACER
5 Exhibit D - Proposed Answer
View on PACER
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Sept. 10, 2020
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Sept. 10, 2020
RECAP
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19
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Motion for Order to Expedite Briefing on Motion to Intervene filed by Donald J. Trump for President, Inc., National Republican Congressional Committee, Ohio Republican Party, Republican National Committee. Related document(s) 18 . (McLaughlin, Christopher) (Entered: 09/10/2020)
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Sept. 10, 2020
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Sept. 10, 2020
PACER
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|
Order on Motion to Appear Pro Hac
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Sept. 10, 2020
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Sept. 10, 2020
PACER
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20
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Motion for attorney John M. Gore to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-10255654, filed by Donald J. Trump for President, Inc., National Republican Congressional Committee, Ohio Republican Party, Republican National Committee. (Attachments: # 1 Exhibit A - Certificate of Good Standing)(McLaughlin, Christopher) (Entered: 09/10/2020)
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Sept. 10, 2020
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Sept. 10, 2020
PACER
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21
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Motion for attorney Theodore Yale to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-10256023, filed by A. Philip Randolph Institute of Ohio, Soli Collins, C. Ellen Connally, Marcus Germany, Beatrice Griffin, Ryllie Jesionowski, League of Women Voters of Ohio, Matthew Nowling, Ohio State Conference of the NAACP, Sarah Rikleen. (Attachments: # 1 Exhibit A- Declaration)(Schuster, James) (Entered: 09/10/2020)
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Sept. 10, 2020
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Sept. 10, 2020
PACER
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22
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Motion for attorney Mariel Bronen to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-10256040, filed by A. Philip Randolph Institute of Ohio, Soli Collins, C. Ellen Connally, Marcus Germany, Beatrice Griffin, Ryllie Jesionowski, League of Women Voters of Ohio, Matthew Nowling, Ohio State Conference of the NAACP, Sarah Rikleen. (Attachments: # 1 Exhibit A -Declaration)(Schuster, James) (Entered: 09/10/2020)
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Sept. 10, 2020
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Sept. 10, 2020
PACER
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Order [non-document] granting Motion for appearance pro hac vice by attorney John M. Gore for Donald J. Trump for President, Inc., John M. Gore for National Republican Congressional Committee, John M. Gore for Ohio Republican Party, John M. Gore for Republican National Committee. Local Rule 5.1(c) requires that attorneys register for NextGen CM/ECF and file and receive all documents electronically. NextGen CM/ECF registration can be done online at www.pacer.gov. Login with your PACER credentials, go to the Maintenance tab, click Attorney Admissions/E-File Registration, select Ohio Northern District Court and then select Pro Hac Vice. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. (Related Doc # 20 ). Approved by Judge Dan Aaron Polster on 9/10/2020.(K,K)
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Sept. 10, 2020
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Sept. 10, 2020
PACER
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Order [non-document] granting Motions for appearance pro hac vice by attorneys Theodore E. Yale and Mariel R. Bronen for Plaintiffs. (Related Doc ##: 21, 22 ). Approved by Judge Dan Aaron Polster on 9/10/2020.(K,K)
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Sept. 10, 2020
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Sept. 10, 2020
PACER
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Order [non-document] granting Motions for appearance pro hac vice by attorneys Theodore E. Yale and Mariel R. Bronen for Plaintiffs. Local Rule 5.1(c) requires that attorneys register for NextGen CM/ECF and file and receive all documents electronically. NextGen CM/ECF registration can be done online at www.pacer.gov. Login with your PACER credentials, go to the Maintenance tab, click Attorney Admissions/E-File Registration, select Ohio Northern District Court and then select Pro Hac Vice. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. (Related Doc ##: 21, 22 ). Approved by Judge Dan Aaron Polster on 9/10/2020.(K,K) Notice regenerated on 9/11/2020 (K,K).
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Sept. 10, 2020
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Sept. 10, 2020
PACER
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Order on Motion to appear pro hac vice
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Sept. 10, 2020
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Sept. 10, 2020
PACER
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Order on Motion to appear pro hac vice AND Order on Motion to appear pro hac vice
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Sept. 10, 2020
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Sept. 10, 2020
PACER
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Order
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Sept. 11, 2020
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Sept. 11, 2020
PACER
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Order [non-document] - On September 9, 2020, the Court issued its Order stating the parties' briefing deadlines for Plaintiffs' motion for preliminary injunction. The Court clarifies for the record that all briefs stated in the Courts September 9, 2020 Order shall be filed no later than 12:00 noon. Accordingly, Defendant shall file its response to Plaintiffs' motion for preliminary injunction no later than 12:00 noon on September 16, 2020, and Plaintiffs shall file its reply to Defendant's opposition motion no later than 12:00 noon on September 21, 2020. Judge Dan Aaron Polster on 9/11/20. (P,R)
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Sept. 11, 2020
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Sept. 11, 2020
PACER
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Order on Motion for order
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Sept. 11, 2020
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Sept. 11, 2020
PACER
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Order [non-document] - The Proposed Intervenor-Defendants' motion for an expedited briefing schedule with respect to their motion to intervene is granted as follows: Plaintiffs and Defendant shall respond to the motion to intervene no later than 4:00 pm on Monday, September 14, 2020, and the Proposed Intervenor-Defendants shall file a reply no later than 4:00 pm on Tuesday, September 15, 2020. The Court grants the Proposed Intervenor-Defendants' request for leave to file a response to Plaintiffs motion for preliminary injunction pending resolution of the motion to intervene no later than 12:00 noon on September 16, 2020. (Related Doc # 19 ). Judge Dan Aaron Polster on 9/11/20.(P,R)
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Sept. 11, 2020
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Sept. 11, 2020
PACER
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23
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Opposition to 18 Motion to intervene as a party Defendant filed by All Plaintiffs. (Schuster, James) (Entered: 09/14/2020)
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Sept. 14, 2020
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Sept. 14, 2020
RECAP
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Order
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Sept. 14, 2020
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Sept. 14, 2020
PACER
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Order [non-document] - On September 9, 2020, the Court issued its Order instructing the parties to address in their briefing, and at the hearing, whether the statute prohibits any County Board of Elections from authorizing more than one secure drop box, and at sites other than the Board itself. The Court clarifies that, because Plaintiffs are claiming an equal protection violation, the parties should also address the following: 1) the suspect classification(s); 2) the level of scrutiny the Court should apply; and 3) the state interest(s) advanced by prohibiting drop boxes at locations other than at the Boards of Elections. The above-mentioned should be addressed in Defendant's response to Plaintiffs' motion for preliminary injunction which shall be filed no later than 12:00 noon on September 16, 2020, and Plaintiffs' reply to Defendant's opposition motion which shall be filed no later than 12:00 noon on September 21, 2020. Judge Dan Aaron Polster on 9/14/20. (P,R)
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Sept. 14, 2020
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Sept. 14, 2020
PACER
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24
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Expedited Non-Appeal Transcript Order Form for proceedings held on 09/08/2020 before Judge Polster, Court Reporter: Lance Boardman. Requested completion date: 09/15/2020 filed by Frank LaRose. (Miller, Charles) (Entered: 09/15/2020)
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Sept. 15, 2020
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Sept. 15, 2020
PACER
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Order on Motion to Appear Pro Hac
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Sept. 15, 2020
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Sept. 15, 2020
PACER
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25
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Reply in support of 18 Motion to intervene as a party filed by Donald J. Trump for President, Inc., National Republican Congressional Committee, Ohio Republican Party, Republican National Committee. (McLaughlin, Christopher) (Entered: 09/15/2020)
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Sept. 15, 2020
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Sept. 15, 2020
RECAP
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26
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Motion for attorney Stephen J. Kenny to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-10265983, filed by Donald J. Trump for President, Inc., National Republican Congressional Committee, Ohio Republican Party, Republican National Committee. (Attachments: # 1 Exhibit A - Certificate of Good Standing)(McLaughlin, Christopher) (Entered: 09/15/2020)
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Sept. 15, 2020
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Sept. 15, 2020
PACER
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Order [non-document] granting Motion for appearance pro hac vice by attorney Stephen J. Kenny for Donald J. Trump for President, Inc., National Republican Congressional Committee, Ohio Republican Party, and Republican National Committee. Local Rule 5.1(c) requires that attorneys register for NextGen CM/ECF and file and receive all documents electronically. NextGen CM/ECF registration can be done online at www.pacer.gov. Login with your PACER credentials, go to the Maintenance tab, click Attorney Admissions/E-File Registration, select Ohio Northern District Court and then select Pro Hac Vice. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. (Related Doc # 26 ) Approved by Judge Dan Aaron Polster on 9/15/2020.(K,K)
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Sept. 15, 2020
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Sept. 15, 2020
PACER
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27
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Opinion and Order For the reasons stated in the Order, the Motion to intervene as a party, Doc. #: 18 , is granted. The Clerk is directed to file Intervenors' Answer attached to the Motion at Exhibit D. Intervenors shall file their brief in opposition to Plaintiffs' motion for a preliminary injunction no later than noon on September 16, 2020. Signed by Judge Dan Aaron Polster on 9/15/2020.(K,K)
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Sept. 15, 2020
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Sept. 15, 2020
RECAP
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28
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Answer filed by Donald J. Trump for President, Inc., National Republican Congressional Committee, Ohio Republican Party, Republican National Committee. (K,K) (Entered: 09/15/2020)
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Sept. 15, 2020
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Sept. 15, 2020
RECAP
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29
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Transcript of Teleconference proceedings held on 09/08/2020 before Judge Dan Aaron Polster. To obtain a copy of this transcript, please contact court reporter Lance A. Boardman (Lance_Boardman@ohnd.uscourts.gov) [37 pages] Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties requesting that privacy information be redacted must file a notice of intent to redact with the court by 9/22/2020. Redaction Request due 10/6/2020. Redacted Transcript Deadline set for 10/16/2020. Release of Transcript Restriction set for 12/14/2020. Related document(s) 24 . (B,LA) (Entered: 09/15/2020)
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Sept. 15, 2020
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Sept. 15, 2020
RECAP
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Order on Motion to appear pro hac vice
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Sept. 15, 2020
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Sept. 15, 2020
PACER
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30
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Opposition to 13 Motion for preliminary injunction filed by Donald J. Trump for President, Inc., National Republican Congressional Committee, Ohio Republican Party, Republican National Committee. (Attachments: # 1 Exhibit B- Directive 2020-07, # 2 Exhibit C -, # 3 Exhibit D -, # 4 Exhibit E -, # 5 Exhibit F -Order, # 6 Exhibit G -Order, # 7 Exhibit H - Statement of Postmaster General)(McLaughlin, Christopher) (Entered: 09/16/2020)
1 Exhibit B- Directive 2020-07
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2 Exhibit C -
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3 Exhibit D -
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4 Exhibit E -
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5 Exhibit F -Order
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6 Exhibit G -Order
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7 Exhibit H - Statement of Postmaster General
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Sept. 16, 2020
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Sept. 16, 2020
RECAP
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31
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Opposition to 13 Motion for preliminary injunction filed by Frank LaRose. (Attachments: # 1 Exhibit 1-Secretary of State directive, # 2 Exhibit 2-chart, # 3 Exhibit 3-rules of election board)(Miller, Charles) Modified text on 9/16/2020 (S,SR). (Entered: 09/16/2020)
1 Exhibit 1
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2 Exhibit 2
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3 Exhibit 3
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Sept. 16, 2020
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Sept. 16, 2020
RECAP
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32
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Exhibit(s) A - Faux Deposition filed by Donald J. Trump for President, Inc., National Republican Congressional Committee, Ohio Republican Party, Republican National Committee. Related document(s) 30 . (Gore, John) (Entered: 09/16/2020)
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Sept. 16, 2020
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Sept. 16, 2020
RECAP
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Minute Order _ Telephone Conference
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Sept. 17, 2020
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Sept. 17, 2020
PACER
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Minute Order [non-document] - On September 17, 2020, the Court held a teleconference at the request of the parties to discuss matters related to the preliminary injunction hearing. The Court discussed the parties' briefs and witnesses, and the necessity of getting this matter resolved. The Court instructed the parties to exchange the names of their witnesses and ensure that their witnesses are available to be deposed. Defendant shall provide Plaintiffs' counsel with a detailed outline stating the subjects in which their witnesses will testify no later than noon on Friday, September 18, 2020. The Defendant shall ensure that their witnesses are available to be deposed no later than Tuesday, September 22, 2020. As stated in the Court's September 9, 2020 Order, the preliminary injunction hearing will be held via Zoom on September 23, 2020, at 9:30 am. The Court grants Plaintiffs' counsel request to limit the hearing to a preliminary injunction and vacates the portion of its September 9, 2020 Order that consolidates Plaintiffs' motion for preliminary injunction and permanent injunction. The Court will provide the parties with the instructions to access the hearing. Each party is responsible for the appearance of its witnesses. Only counsel, counsels representatives, and witnesses are allowed to attend the hearing via Zoom. The Court will allow brief opening arguments. A follow-up teleconference will be held on Monday, September 21, 2020, at 3:00 pm to address any concerns prior to the hearing. Dial-in instructions will be provided to all parties. Time: 45 min. Court Reporter: Lance Boardman. Judge Dan Aaron Polster on 9/17/20. (P,R)
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Sept. 17, 2020
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Sept. 17, 2020
PACER
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33
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Expedited Non-Appeal Transcript Order Form for proceedings held on September 17, 2020 before Judge Polster, re Minute Order _ Telephone Conference,,,,,,. Court Reporter: Lance Boardman. Requested completion date: 9/21/2020 filed by Frank LaRose. (Miller, Charles) (Entered: 09/18/2020)
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Sept. 18, 2020
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Sept. 18, 2020
PACER
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34
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Reply in support of 13 Motion for preliminary injunction (With Exhibit - A) filed by All Plaintiffs. (Attachments: # 1 Exhibit - A (Attestation of James Schuster))(Schuster, James) (Entered: 09/21/2020)
1
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Sept. 21, 2020
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Sept. 21, 2020
PACER
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Telephone Conference
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Sept. 21, 2020
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Sept. 21, 2020
PACER
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35
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Exhibit List filed by Frank LaRose. (Attachments: # 1 Exhibit A, Directive 2020-16, # 2 Exhibit B, Deposition Transcript of Inajo Davis Chappell, # 3 Exhibit C, Deposition Transcript of Dr. Daniel G. Chatman, # 4 Exhibit D, Deposition Transcript of Soli Collins, # 5 Exhibit E, Deposition Transcript of C. Ellen Connally, # 6 Exhibit F, Deposition Transcript of David Ditchey, # 7 Exhibit G, Deposition Transcript of Caleb Faux, # 8 Exhibit H, Deposition Transcript of Beatrice Griffin, # 9 Exhibit I, Deposition Transcript of Ryllie Jesionowski, # 10 Exhibit J, Deposition Transcript of Dr. Michael Lederman, # 11 Exhibit K, Deposition Transcript of Dr. Daniel McCool, # 12 Exhibit L, Deposition Transcript of Paddy McGuire, # 13 Exhibit M, Deposition Transcript of Jennifer Miller (LWV), # 14 Exhibit N, Deposition Transcript of Matthew Nowling, # 15 Exhibit O, Deposition Transcript of Sarah Rikleen, # 16 Exhibit P, Deposition Transcript of Thomas Roberts (NAACP), # 17 Exhibit Q, Deposition Transcript of Andre Washington (APRI))(Miller, Charles) (Entered: 09/21/2020)
1 Exhibit A, Directive 2020-16
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2 Exhibit B, Deposition Transcript of Inajo Davis Chappell
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3 Exhibit C, Deposition Transcript of Dr. Daniel G. Chatman
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4 Exhibit D, Deposition Transcript of Soli Collins
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5 Exhibit E, Deposition Transcript of C. Ellen Connally
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6 Exhibit F, Deposition Transcript of David Ditchey
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7 Exhibit G, Deposition Transcript of Caleb Faux
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8 Exhibit H, Deposition Transcript of Beatrice Griffin
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9 Exhibit I, Deposition Transcript of Ryllie Jesionowski
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10 Exhibit J, Deposition Transcript of Dr. Michael Lederman
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11 Exhibit K, Deposition Transcript of Dr. Daniel McCool
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12 Exhibit L, Deposition Transcript of Paddy McGuire
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13 Exhibit M, Deposition Transcript of Jennifer Miller (LWV)
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14 Exhibit N, Deposition Transcript of Matthew Nowling
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15 Exhibit O, Deposition Transcript of Sarah Rikleen
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16 Exhibit P, Deposition Transcript of Thomas Roberts (NAACP)
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17 Exhibit Q, Deposition Transcript of Andre Washington (APRI)
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Sept. 21, 2020
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Sept. 21, 2020
PACER
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36
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Exhibits for Preliminary Injunction Hearing filed by All Plaintiffs. Related document(s) 13, 34 . (Schuster, James) (Entered: 09/21/2020)
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Sept. 21, 2020
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Sept. 21, 2020
PACER
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37
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Trial Exhibit List filed by Donald J. Trump for President, Inc., National Republican Congressional Committee, Ohio Republican Party, Republican National Committee. (Attachments: # 1 Exhibit Int. A - Faux Dep., # 2 Exhibit Int. B - Directive 2020-07, # 3 Exhibit Int. C - Morley Paper, # 4 Exhibit Int. D - Commission Report, # 5 Exhibit Int. E - Minutes, # 6 Exhibit Int. . F - Order, # 7 Exhibit Int. G - Order, # 8 Exhibit Int. H - Statement of Postmaster General)(Kenny, Stephen) (Entered: 09/21/2020)
1 Exhibit Int. A - Faux Dep.
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2 Exhibit Int. B - Directive 2020-07
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3 Exhibit Int. C - Morley Paper
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4 Exhibit Int. D - Commission Report
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5 Exhibit Int. E - Minutes
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6 Exhibit Int. F - Order
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7 Exhibit Int. G - Order
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8 Exhibit Int. H - Statement of Postmaster General
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Sept. 21, 2020
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Sept. 21, 2020
RECAP
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38
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Attorney Appearance by Bridget Coontz filed by on behalf of Frank LaRose. (Coontz, Bridget) (Entered: 09/21/2020)
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Sept. 21, 2020
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Sept. 21, 2020
PACER
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39
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Exhibit(s) 20 (McGuire Trial Exhibit Washington State Drop Box Usage Rates in Recent Elections) filed by All Plaintiffs. Related document(s) 13, 34 . (Schuster, James) (Entered: 09/21/2020)
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Sept. 21, 2020
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Sept. 21, 2020
PACER
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40
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Exhibit(s) 21 (McGuire Trial Exhibit Drop Box Usage Rates for Election Day in Recent Elections) filed by All Plaintiffs. Related document(s) 13, 34 . (Schuster, James) (Entered: 09/21/2020)
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Sept. 21, 2020
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Sept. 21, 2020
PACER
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41
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Exhibit(s) 22 (Hamilton County Board of Elections Meeting Held 07-14-2020 filed by All Plaintiffs. Related document(s) 13, 34 . (Schuster, James) (Entered: 09/21/2020)
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Sept. 21, 2020
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Sept. 21, 2020
PACER
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42
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Transcript of Teleconference held on 09/17/2020 before Judge Dan Aaron Polster. To obtain a copy of this transcript, please contact court reporter Lance A. Boardman at Lance_Boardman@ohnd.uscourts.gov [34 pages] Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties requesting that privacy information be redacted must file a notice of intent to redact with the court by 9/28/2020. Redaction Request due 10/13/2020. Redacted Transcript Deadline set for 10/22/2020. Release of Transcript Restriction set for 12/21/2020. Related document(s) 33 . (B,LA) (Entered: 09/21/2020)
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Sept. 21, 2020
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Sept. 21, 2020
PACER
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43
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Exhibit(s) 23 (Hamilton County Board of Elections Meeting Held 08-03-2020) filed by All Plaintiffs. Related document(s) 13, 34 . (Schuster, James) (Entered: 09/21/2020)
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Sept. 21, 2020
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Sept. 21, 2020
PACER
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44
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Exhibit(s) 24 - Travel Burdens, Statewide: Household Vehicle vs. No Household Vehicle filed by All Plaintiffs. Related document(s) 13, 34 . (Schuster, James) (Entered: 09/21/2020)
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Sept. 21, 2020
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Sept. 21, 2020
PACER
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45
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Exhibit(s) 25 - Travel Burdens: Ohio's Top 20 Cities by Population filed by All Plaintiffs. Related document(s) 13, 34 . (Schuster, James) (Entered: 09/21/2020)
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Sept. 21, 2020
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Sept. 21, 2020
PACER
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46
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Exhibit(s) 26 - Travel Burdens: Household Vehicle Ownership as a Function of Mean Household Income filed by All Plaintiffs. Related document(s) 13, 34 . (Schuster, James) (Entered: 09/21/2020)
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Sept. 21, 2020
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Sept. 21, 2020
PACER
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47
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Exhibit(s) 27 (Queuing Burdens: Vehicles in Queues on Election Day, Baseline Scenario (omitting counties with no queues) filed by All Plaintiffs. Related document(s) 13, 34 . (Schuster, James) (Entered: 09/21/2020)
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Sept. 21, 2020
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Sept. 21, 2020
PACER
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48
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Exhibit(s) 28 (Queuing Burdens: Wait Times (in hours) on Election Day - Baseline Scenario (omitting counties with no queues) filed by All Plaintiffs. Related document(s) 13, 34 . (Schuster, James) (Entered: 09/21/2020)
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Sept. 21, 2020
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Sept. 21, 2020
PACER
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49
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Exhibit(s) 29 (Queuing Burdens: Numbers of Vehicles in Queues and Wait Times (in hours) When Polls Close, All Three Scenarios (for counties with queues exceeding one hour in the baseline scenario)) filed by All Plaintiffs. Related document(s) 13, 34 . (Schuster, James) (Entered: 09/21/2020)
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Sept. 21, 2020
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Sept. 21, 2020
PACER
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50
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Exhibit(s) 330 (LaRose Proposes Innovative Solution To Pay Postage For Absentee Ballots - Ohio Secretary of State) filed by All Plaintiffs. Related document(s) 13, 34 . (Schuster, James) (Entered: 09/21/2020)
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Sept. 21, 2020
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Sept. 21, 2020
PACER
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51
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Exhibit(s) 31 (LaRose Letter to USPS - Conflicting Information from the USPS related to Election Mail) filed by All Plaintiffs. Related document(s) 13, 34 . (Schuster, James) (Entered: 09/21/2020)
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Sept. 21, 2020
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Sept. 21, 2020
PACER
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52
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Exhibit(s) 32 (Declaration of D. Korada (09-21-2020)) filed by All Plaintiffs. Related document(s) 13, 34 . (Schuster, James) (Entered: 09/21/2020)
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Sept. 21, 2020
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Sept. 21, 2020
PACER
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53
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Witness List filed by Frank LaRose. (Miller, Charles) (Entered: 09/21/2020)
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Sept. 21, 2020
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Sept. 21, 2020
PACER
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54
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Deposition of Inajo Davis Chappell taken on 09-11-2020 filed by All Plaintiffs. Related document(s) 13, 34 . (Schuster, James) (Entered: 09/21/2020)
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Sept. 21, 2020
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Sept. 21, 2020
PACER
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55
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Deposition of Dr. Daniel G. Chatman taken on 09-14-2020 filed by All Plaintiffs. Related document(s) 13, 34 . (Schuster, James) (Entered: 09/21/2020)
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Sept. 21, 2020
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Sept. 21, 2020
PACER
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56
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Deposition of Ms. Soli Collins taken on 09-17-2020 filed by All Plaintiffs. Related document(s) 13, 34 . (Schuster, James) (Entered: 09/21/2020)
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Sept. 21, 2020
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Sept. 21, 2020
PACER
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57
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Deposition of C. Ellen Connally taken on 09-17-2020 filed by All Plaintiffs. Related document(s) 13, 34 . (Schuster, James) (Entered: 09/21/2020)
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Sept. 21, 2020
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Sept. 21, 2020
PACER
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58
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Deposition of Mr. David Ditchey taken on 09-14-2020 filed by All Plaintiffs. Related document(s) 13, 34 . (Schuster, James) (Entered: 09/21/2020)
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Sept. 21, 2020
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Sept. 21, 2020
PACER
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59
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Deposition of Caleb Faux taken on 09-11-2020 filed by All Plaintiffs. Related document(s) 13, 34 . (Schuster, James) (Entered: 09/21/2020)
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Sept. 21, 2020
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Sept. 21, 2020
PACER
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60
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Deposition of Beatrice Griffin taken on 09-17-2020 filed by All Plaintiffs. Related document(s) 13, 34 . (Schuster, James) (Entered: 09/21/2020)
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Sept. 21, 2020
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Sept. 21, 2020
PACER
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61
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Deposition of Ryllie Jesionowski taken on 09-17-2020 filed by All Plaintiffs. Related document(s) 13, 34 . (Schuster, James) (Entered: 09/21/2020)
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Sept. 21, 2020
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Sept. 21, 2020
PACER
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62
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Deposition of Dr. Michael Lederman taken on 09-15-2020 filed by All Plaintiffs. Related document(s) 13, 34 . (Schuster, James) (Entered: 09/21/2020)
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Sept. 21, 2020
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Sept. 21, 2020
PACER
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