Case: Duncan v. LaRose

2:20-cv-02295 | U.S. District Court for the Southern District of Ohio

Filed Date: May 6, 2020

Case Ongoing

Clearinghouse coding in progress

Case Summary

NOTE: This case is being tracked in close to real time by the Stanford/MIT Healthy Elections Project. So for information, see their tracker.

According to their summary as of 09/06/2020,

Plaintiff is a presidential candidate, arguing that the signature requirement to appear on the Ohio ballot is unconstitutional in light of the Gov.'s stay at home order; P moved for a PI to either waive the signature requirement or put P on the ballot.

Summary Authors

Nicholas Gillan (12/20/2021)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/17132308/parties/duncan-v-larose/


Judge(s)

Deavers, Elizabeth Preston (Ohio)

Attorneys(s) for Plaintiff

Buchanan, Heather L. (Ohio)

Watson, Halli B. (Ohio)

Judge(s)

Deavers, Elizabeth Preston (Ohio)

Attorneys(s) for Plaintiff

Buchanan, Heather L. (Ohio)

Watson, Halli B. (Ohio)

Documents in the Clearinghouse

Document

2:20-cv-02295

Docket [PACER]

Aug. 24, 2020

Aug. 24, 2020

Docket
1

2:20-cv-02295

Complaint for Declaratory and Injunctive Relief

May 6, 2020

May 6, 2020

Complaint
5

Motion for an Emergency Preliminary Injunction

May 13, 2020

May 13, 2020

Pleading / Motion / Brief
6

2:20-cv-02295

Order on Motion for Preliminary Injunction

2020 WL 6600626

May 15, 2020

May 15, 2020

Order/Opinion
6

Order on Motion for Preliminary Injunction

2020 WL 6600626

May 15, 2020

May 15, 2020

Order/Opinion
13

Motion for an Emergency Preliminary Injunction

May 29, 2020

May 29, 2020

Pleading / Motion / Brief
16

2:20-cv-02295

Opinion and Order

2020 WL 6600627

June 4, 2020

June 4, 2020

Order/Opinion
21

2:20-cv-02295

Opinion and Order

2020 WL 4933914

Aug. 24, 2020

Aug. 24, 2020

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/17132308/duncan-v-larose/

Last updated Aug. 7, 2022, 3:19 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT filed by Richard Duncan against Mike DeWine, Frank LaRose and Ohio General Assembly. (er) (Entered: 05/06/2020)

May 6, 2020

May 6, 2020

Clearinghouse

Filing Fee Received

May 7, 2020

May 7, 2020

PACER

Filing fee: $ 400.00, receipt number 200COL061602 (jlk)

May 7, 2020

May 7, 2020

PACER
3

Summons Issued as to Mike DeWine, Frank LaRose and Ohio General Assembly. (Attachments: # 1 Summons Form, # 2 Summons Form) (sem) (Entered: 05/11/2020)

May 11, 2020

May 11, 2020

PACER
4

CERTIFICATE of Mailing of the complaint and issued summons sent by certified mail to the defendants by the Clerk on 5/12/20. (sem) (Entered: 05/12/2020)

May 12, 2020

May 12, 2020

PACER
5

MOTION for Emergency Preliminary Injunction by Plaintiff Richard Duncan. (Attachments: # 1 Envelope) (ew) (Entered: 05/13/2020)

1 Envelope

View on PACER

May 13, 2020

May 13, 2020

RECAP
6

OPINION and ORDER denying 5 Motion for Preliminary Injunction. Signed by Judge Michael H. Watson on 5/15/2020. (jk) (This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) (Entered: 05/15/2020)

May 15, 2020

May 15, 2020

Clearinghouse
7

NOTICE of Appearance by Halli Brownfield Watson for Defendants Mike DeWine, Frank LaRose, Ohio General Assembly (Watson, Halli) (Entered: 05/19/2020)

May 19, 2020

May 19, 2020

PACER
8

NOTICE of Appearance by Heather L. Buchanan for Defendants Mike DeWine, Frank LaRose, Ohio General Assembly (Buchanan, Heather) (Entered: 05/19/2020)

May 19, 2020

May 19, 2020

PACER
9

SUMMONS Returned Executed as to Defendant Frank LaRose. Served on 5/15/2020. Answer due 6/5/2020. (ew) (Entered: 05/20/2020)

May 20, 2020

May 20, 2020

RECAP
10

SUMMONS Returned Executed as to Defendant Mike DeWine. Served on 5/22/2020. Answer due 6/12/2020. (ew) (Entered: 05/27/2020)

May 27, 2020

May 27, 2020

PACER
11

SUMMONS Returned Executed as to Defendant Ohio General Assembly. Served on 5/14/2020. Answer due 6/4/2020. (ew) (Entered: 05/28/2020)

May 28, 2020

May 28, 2020

PACER
12

Civil Cover Sheet by Plaintiff Richard Duncan. (ew) (Entered: 05/29/2020)

May 29, 2020

May 29, 2020

RECAP
13

MOTION for Emergency Preliminary Injunction by Plaintiff Richard Duncan. (ew) (Entered: 05/29/2020)

May 29, 2020

May 29, 2020

RECAP

NOTICE of Hearing - Telephone Status Conference set for 6/3/2020 at 11:00 a.m. before Judge Michael H. Watson. (jk)

June 1, 2020

June 1, 2020

PACER

Notice of Hearing

June 1, 2020

June 1, 2020

PACER
14

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Frank LaRose. (Attachments: # 1 Exhibit A, Duncan v. Husted, USCA/6th Cir., Case No. 15-4017 Order) (Watson, Halli) (Entered: 06/02/2020)

1 Exhibit A, Duncan v. Husted, USCA/6th Cir., Case No. 15-4017 Order

View on RECAP

June 2, 2020

June 2, 2020

RECAP
15

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Ohio General Assembly. (Watson, Halli) (Entered: 06/02/2020)

June 2, 2020

June 2, 2020

RECAP
16

OPINION and ORDER denying 13 Motion for Preliminary Injunction. Signed by Judge Michael H. Watson on 6/4/2020. (jk) (This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) (Entered: 06/04/2020)

June 4, 2020

June 4, 2020

Clearinghouse
17

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Mike DeWine. (Watson, Halli) (Entered: 06/08/2020)

June 8, 2020

June 8, 2020

RECAP
18

RESPONSE in Opposition to Motion to Dismiss filed by Plaintiff Richard Duncan. (Attachments: # 1 Exhibit, # 2 Envelope) (ew) (Entered: 06/12/2020)

1 Exhibit

View on RECAP

2 Envelope

View on PACER

June 12, 2020

June 12, 2020

RECAP
19

REPLY to Response to Motion re 14 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Defendant Frank LaRose. (Attachments: # 1 Exhibit A Thompson v. DeWine, 6th Cir. No. 20-3526 (June 16, 2020)) (Watson, Halli) (Entered: 06/22/2020)

June 22, 2020

June 22, 2020

RECAP
20

RELATED CASE MEMORANDUM ORDER: The Judges agree that this case and case number 2:13-cv-1157 are NOT related. Signed by Chief Judge Algenon L. Marbley and Judge Michael H. Watson on 7/1/2020. (er)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) (Entered: 07/01/2020)

July 1, 2020

July 1, 2020

PACER
21

OPINION and ORDER Granting 14 Motion to Dismiss for Failure to State a Claim; Granting 15 Motion to Dismiss for Failure to State a Claim; Granting 17 Motion to Dismiss for Failure to State a Claim. Plaintiff's claims are Dismissed with Prejudice. The Clerk is Directed to enter Judgment in favor of Defendants and Terminate this case. Signed by Judge Michael H. Watson on 08/24/2020. (mdr)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) (Entered: 08/24/2020)

Aug. 24, 2020

Aug. 24, 2020

RECAP
22

JUDGMENT entered pursuant to the Opinion and Order signed by Judge Michael H. Watson on 08/24/2020. (mdr)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) (mdr). (Entered: 08/24/2020)

Aug. 24, 2020

Aug. 24, 2020

PACER

Case Details

State / Territory: Ohio

Case Type(s):

Election/Voting Rights

Special Collection(s):

COVID-19 (novel coronavirus)

Healthy Elections COVID litigation tracker

Key Dates

Filing Date: May 6, 2020

Case Ongoing: Yes