Case: Lichtenstein v. Hargett

3:20-cv-00736 | U.S. District Court for the Middle District of Tennessee

Filed Date: Aug. 28, 2020

Case Ongoing

Clearinghouse coding complete

Case Summary

This case challenged Tennessee’s statute that forbids anyone but employees of election commissions to provide absentee ballots to any person. Plaintiffs are organizations (and one individual) who engage in voter outreach. The statute stood in the way of their plan to send absentee ballot applications to both their members and non-members.  On August 28, 2020, the Memphis and West Tennessee AFL-CIO Central Labor Council (along with its Executive Secretary), the Tennessee State Conference of the …

This case challenged Tennessee’s statute that forbids anyone but employees of election commissions to provide absentee ballots to any person. Plaintiffs are organizations (and one individual) who engage in voter outreach. The statute stood in the way of their plan to send absentee ballot applications to both their members and non-members. 

On August 28, 2020, the Memphis and West Tennessee AFL-CIO Central Labor Council (along with its Executive Secretary), the Tennessee State Conference of the NAACP, Free Hearts, and Memphis A. Phillip Randolph Institute, filed this lawsuit in the United States District Court for the Middle District of Tennessee. The plaintiffs sued Tennessee and Shelby County, alleging that Tennessee Code § 2-6-202(c)(3), violated the First Amendment rights to freedom of speech and association. Represented by the Lawyers’ Committee for Civil Rights Under Law and by a private firm, the plaintiffs asked the court to declare the statute unenforceable, and to enjoin its operation. Three days after filing their complaint, they filed a motion seeking a preliminary injunction, The case was assigned first to Judge Aleta A. Trauger, but it was then transferred to Judge Eli J. Richardson after being found related to a case already in front of him.

On September 23, 2020, Judge Richardson denied a preliminary injunction, finding that the plaintiffs had not demonstrated a sufficiently high likelihood of success on the merits, particularly because the law did not restrict core political speech or bar expressive conduct. On December 7, 2021, Judge Richardson dismissed the case, for the same reasons. Lichtenstein v. Hargett, 489 F. Supp. 3d 742 (M.D. Tenn. 2020).

Plaintiffs appealed in January 2022; the appeal is pending.

Summary Authors

Michelle Landry (6/1/2022)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/17532476/parties/lichtenstein-v-hargett/


Judge(s)

Frensley, Jeffrey S (Tennessee)

Richardson, Eli Jeremy None (Tennessee)

Attorneys(s) for Plaintiff

Chaudhuri, Pooja (District of Columbia)

Danahy, Molly (District of Columbia)

Diaz, Jonathan (District of Columbia)

Doshi, Ravi (District of Columbia)

Harbison, William L. (Tennessee)

Helton, Lisa K (Tennessee)

Lang, Danielle (District of Columbia)

López, Christina R.B. (Tennessee)

Judge(s)

Frensley, Jeffrey S (Tennessee)

Richardson, Eli Jeremy None (Tennessee)

Attorneys(s) for Plaintiff

Chaudhuri, Pooja (District of Columbia)

Danahy, Molly (District of Columbia)

Diaz, Jonathan (District of Columbia)

Doshi, Ravi (District of Columbia)

Harbison, William L. (Tennessee)

Helton, Lisa K (Tennessee)

Lang, Danielle (District of Columbia)

López, Christina R.B. (Tennessee)

Rosenberg, Ezra D (District of Columbia)

Sabis, Christopher C (Tennessee)

Attorneys(s) for Defendant

Campbell, Andrew B. (Tennessee)

Kleinfelter, Janet M. (Tennessee)

Rieger, Alexander Stuart (Tennessee)

Documents in the Clearinghouse

Document

3:20-cv-00736

Docket [PACER]

Jan. 12, 2021

Jan. 12, 2021

Docket
1

3:20-cv-00736

Plaintiffs' Complaint for Declaratory and Injunctive Relief

Aug. 28, 2020

Aug. 28, 2020

Complaint
44

3:20-cv-00736

Memorandum Opinion and Order

Lichetenstein v. Hargett

489 F.Supp.3d 742, 2020 WL 5658732

Sept. 23, 2020

Sept. 23, 2020

Order/Opinion
57

3:20-cv-00736

Order Dismissing Case

Dec. 7, 2021

Dec. 7, 2021

Order/Opinion
56

3:20-cv-00736

Memorandum Opinion of the Court

2021 WL 5826246

Dec. 7, 2021

Dec. 7, 2021

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/17532476/lichtenstein-v-hargett/

Last updated Aug. 4, 2022, 3:03 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Mark Goins, Tre Hargett, Amy Weirich (Filing fee $400, Receipt number 0650-3204510), filed by The Memphis and West Tennessee AFL-CIO Central Labor Council, The Tennessee State Conference of the NAACP, Free Hearts, Memphis A. Phillip Randolph Institute, Jeffery Lichtenstein, The Equity Alliance. (Attachments: # 1 Attachment - Civil Cover Sheet)(am) (Entered: 08/28/2020)

1 Attachment - Civil Cover Sheet

View on PACER

Aug. 28, 2020

Aug. 28, 2020

Clearinghouse
2

BUSINESS ENTITY DISCLOSURE STATEMENT filed by Free Hearts. (am) (Entered: 08/28/2020)

Aug. 28, 2020

Aug. 28, 2020

PACER
3

BUSINESS ENTITY DISCLOSURE STATEMENT filed by Jeffery Lichtenstein. (am) (Entered: 08/28/2020)

Aug. 28, 2020

Aug. 28, 2020

PACER
4

BUSINESS ENTITY DISCLOSURE STATEMENT filed by Memphis A. Phillip Randolph Institute. (am) (Entered: 08/28/2020)

Aug. 28, 2020

Aug. 28, 2020

PACER
5

BUSINESS ENTITY DISCLOSURE STATEMENT filed by The Equity Alliance. (am) (Entered: 08/28/2020)

Aug. 28, 2020

Aug. 28, 2020

PACER
6

BUSINESS ENTITY DISCLOSURE STATEMENT filed by The Tennessee State Conference of the NAACP. (am) (Entered: 08/28/2020)

Aug. 28, 2020

Aug. 28, 2020

PACER
7

BUSINESS ENTITY DISCLOSURE STATEMENT filed by The Memphis and West Tennessee AFL-CIO Central Labor Council. (am) (Entered: 08/28/2020)

Aug. 28, 2020

Aug. 28, 2020

PACER
8

Summons issued as to Mark Goins, Tre Hargett, Amy Weirich. (Summons sent to attorney by regular mail.) (am) (Entered: 08/28/2020)

Aug. 28, 2020

Aug. 28, 2020

PACER
9

NOTICE/INFORMATION regarding Consent of the Parties to the Magistrate Judge. (am) (Entered: 08/31/2020)

Aug. 31, 2020

Aug. 31, 2020

PACER
10

NOTICE of Initial Case Management Conference set for 10/19/2020 at 02:30 PM in Chambers 825 before District Judge Aleta A. Trauger. (am) (Entered: 08/31/2020)

Aug. 31, 2020

Aug. 31, 2020

PACER
11

MOTION for Preliminary Injunction by Free Hearts, Jeffery Lichtenstein, Memphis A. Phillip Randolph Institute, The Equity Alliance, The Memphis and West Tennessee AFL-CIO Central Labor Council, The Tennessee State Conference of the NAACP. (Attachments: # 1 Attachment Proposed Order, # 2 Exhibit A. Declaration of Danielle Lang, # 3 Exhibit B. Declaration of Jeffrey Lichtenstein, # 4 Exhibit C. Declaration of Memphis and West Tennessee AFL-CIO Central Labor Council, # 5 Exhibit D. Declaration of Memphis A. Philip Randolph Institute, # 6 Exhibit E. Declaration of the Equity Alliance, # 7 Exhibit F. Declaration of Tennessee State Conference of the NAACP, # 8 Exhibit G. Declaration of Free Hearts)(Harbison, William) (Entered: 08/31/2020)

1 Attachment Proposed Order

View on PACER

2 Exhibit A. Declaration of Danielle Lang

View on PACER

3 Exhibit B. Declaration of Jeffrey Lichtenstein

View on PACER

4 Exhibit C. Declaration of Memphis and West Tennessee AFL-CIO Central Labor Coun

View on PACER

5 Exhibit D. Declaration of Memphis A. Philip Randolph Institute

View on PACER

6 Exhibit E. Declaration of the Equity Alliance

View on PACER

7 Exhibit F. Declaration of Tennessee State Conference of the NAACP

View on PACER

8 Exhibit G. Declaration of Free Hearts

View on PACER

Aug. 31, 2020

Aug. 31, 2020

RECAP
12

MEMORANDUM in Support of 11 MOTION for Preliminary Injunction filed by Free Hearts, Jeffery Lichtenstein, Memphis A. Phillip Randolph Institute, The Equity Alliance, The Memphis and West Tennessee AFL-CIO Central Labor Council, The Tennessee State Conference of the NAACP . (Harbison, William) (Entered: 08/31/2020)

Aug. 31, 2020

Aug. 31, 2020

RECAP
13

MOTION to Expedite Briefing on Motion for Preliminary Injunction by Free Hearts, Jeffery Lichtenstein, Memphis A. Phillip Randolph Institute, The Equity Alliance, The Memphis and West Tennessee AFL-CIO Central Labor Council, The Tennessee State Conference of the NAACP. (Attachments: # 1 Attachment Proposed Order)(Harbison, William) (Entered: 08/31/2020)

Aug. 31, 2020

Aug. 31, 2020

PACER
14

ORDER granting 13 Motion to Expedite. Signed by District Judge Aleta A. Trauger on 9/1/2020. (mg) (Entered: 09/01/2020)

Sept. 1, 2020

Sept. 1, 2020

RECAP
15

ORDER GRANTING PLAINTIFFS' MOTION TO EXPEDITE BRIEFING ON MOTION FOR PRELIMINARY INJUNCTION: Upon consideration of Plaintiffs' motion to expedite briefing on their motion for preliminary injunction, being advised of the premises for seeking such motion, it is hereby ORDERED that the motion is GRANTED. Defendants shall fie their response to Plaintiffs' Motion For Preliminary Injunction on or before September 8, 2020. Plaintiffs shall file their reply, if any, on or before September 11, 2020. Signed by District Judge Aleta A. Trauger on 9/1/2020. (mg) (Entered: 09/01/2020)

Sept. 1, 2020

Sept. 1, 2020

RECAP
16

MOTION to Reassign Case by Mark Goins, Tre Hargett, Amy Weirich. (Rieger, Alexander) (Entered: 09/02/2020)

Sept. 2, 2020

Sept. 2, 2020

PACER
17

MEMORANDUM in Support of 16 MOTION to Reassign Case filed by Mark Goins, Tre Hargett, Amy Weirich . (Rieger, Alexander) (Entered: 09/02/2020)

Sept. 2, 2020

Sept. 2, 2020

RECAP
18

ORDER REASSIGNING CASE: It is hereby ORDERED that this case is TRANSFERRED to Judge Richardson pursuant to Administrative Order 176, as it is related to an earlier-filed case assigned to him, Case No. 3:20-cv-00374. The initial case management conference scheduled before Judge Trauger on October 19, 2020 is CANCELLED. Signed by District Judge Aleta A. Trauger on 9/2/2020. (mg) (Entered: 09/02/2020)

Sept. 2, 2020

Sept. 2, 2020

PACER
19

ORDER finding as moot 16 Motion to Reassign Case. Signed by District Judge Aleta A. Trauger on 9/3/2020. (mg) (Entered: 09/03/2020)

Sept. 3, 2020

Sept. 3, 2020

PACER

Annotation - PHV

Sept. 8, 2020

Sept. 8, 2020

PACER

NOTICE TO COUNSEL Ezra D. Rosenberg, Pooja Chaudhuri, Ravi Doshi, Molly Danahy, Jonathan Diaz, Alexander Stuart Rieger: WITHIN 21 DAYS, counsel shall file a Motion to Appear Pro Hac Vice, a Certificate of Good Standing signed by the Clerk of a United States District Court or a U. S. appellate court where admitted, and pay a fee of $100.00 (LR 83.01(b)). PHV due by 9/29/2020. (am)

Sept. 8, 2020

Sept. 8, 2020

PACER

Annotation - Bar Status

Sept. 8, 2020

Sept. 8, 2020

PACER

State Bar status verified as active for (Admitted in TN State Bar and TNMD) William L. Harbison, (Admitted in TN State Bar and TNMD) Lisa K. Helton, (Admitted in TN State Bar and TNMD) Christopher C. Sabis, (Admitted in TN State Bar and TNMD) Christina R. Lopez, (DC) Ezra D. Rosenberg, (DC) Pooja Chaudhuri,(DC) Ravi Doshi, (DC) Molly Danahy, (DC) Jonathan Diaz, (DC) Alexander Stuart Rieger. (am)

Sept. 8, 2020

Sept. 8, 2020

PACER
20

MOTION for Leave to File Excess Pages by Mark Goins, Tre Hargett, Amy Weirich. (Kleinfelter, Janet) (Entered: 09/08/2020)

Sept. 8, 2020

Sept. 8, 2020

PACER
21

RESPONSE in Opposition re 11 MOTION for Preliminary Injunction filed by Mark Goins, Tre Hargett, Amy Weirich. (Attachments: # 1 Exhibit Goins Declaration, # 2 Exhibit Exh. 1 to Goins Declaration, # 3 Exhibit Exh. 2 to Goins Declaration, # 4 Exhibit Exh. 3 to Goins Declaration, # 5 Exhibit Exh. 4 to Goins Declaration, # 6 Exhibit Exh. 5 to Goins Declaration, # 7 Exhibit Exh. 6 to Goins Declaration)(Kleinfelter, Janet) (Entered: 09/08/2020)

Sept. 8, 2020

Sept. 8, 2020

PACER
22

SUMMONS returned executed by The Memphis and West Tennessee AFL-CIO Central Labor Council, The Tennessee State Conference of the NAACP, Free Hearts, Memphis A. Phillip Randolph Institute, Jeffery Lichtenstein, The Equity Alliance. Amy Weirich served on 9/4/2020. (Harbison, William) (Entered: 09/09/2020)

Sept. 9, 2020

Sept. 9, 2020

PACER
23

SUMMONS returned executed by The Memphis and West Tennessee AFL-CIO Central Labor Council, The Tennessee State Conference of the NAACP, Free Hearts, Memphis A. Phillip Randolph Institute, Jeffery Lichtenstein, The Equity Alliance. Mark Goins served on 8/28/2020. (Harbison, William) (Entered: 09/09/2020)

Sept. 9, 2020

Sept. 9, 2020

PACER
24

SUMMONS returned executed by The Memphis and West Tennessee AFL-CIO Central Labor Council, The Tennessee State Conference of the NAACP, Free Hearts, Memphis A. Phillip Randolph Institute, Jeffery Lichtenstein, The Equity Alliance. Tre Hargett served on 8/28/2020. (Harbison, William) (Entered: 09/09/2020)

Sept. 9, 2020

Sept. 9, 2020

PACER
25

NOTICE of Appearance by Andrew B. Campbell on behalf of Mark Goins, Tre Hargett, Amy Weirich (Campbell, Andrew) (Entered: 09/09/2020)

Sept. 9, 2020

Sept. 9, 2020

PACER
26

ORDER: The Court will hold a telephonic status conference regarding Plaintiffs' Motion for Preliminary Injunction (Doc. No. 11, "Motion") on Friday, September 11, 2020, at 12:30 p.m. At least one attorney for each side shall participate in the status conference; otherwise, counsel of record, though encouraged to participate, are excused from doing so given that the prudence dictates that the Court schedule this status conference on such short notice. Counsel may access the conference call by dialing 877-402-9757. When prompted, enter the access code of 3785916 followed by the pound (#) sign. If you have any issues connecting,please call Chambers at (615) 736-5291.. Signed by District Judge Eli J. Richardson on 9/10/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(mg) (Entered: 09/10/2020)

Sept. 10, 2020

Sept. 10, 2020

RECAP

Annotation - Bar Status

Sept. 10, 2020

Sept. 10, 2020

PACER

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

Sept. 10, 2020

Sept. 10, 2020

PACER
27

ORDER granting 20 Motion for Leave to File Excess Pages. Signed by District Judge Eli J. Richardson on 9/9/2020. (mg) (Entered: 09/10/2020)

Sept. 10, 2020

Sept. 10, 2020

PACER
28

MOTION for attorney Danielle Marie Lang to Appear Pro Hac Vice (paid $100 PHV fee; receipt number 0650-3213426) by Free Hearts, Jeffery Lichtenstein, Memphis A. Phillip Randolph Institute, The Equity Alliance, The Memphis and West Tennessee AFL-CIO Central Labor Council, The Tennessee State Conference of the NAACP. (Attachments: # 1 Attachment Declaration of Danielle Marie Lang)(Harbison, William) (Entered: 09/11/2020)

Sept. 11, 2020

Sept. 11, 2020

PACER

Annotation - Bar Status

Sept. 11, 2020

Sept. 11, 2020

PACER
29

MOTION for attorney Ezra D. Rosenberg to Appear Pro Hac Vice (paid $100 PHV fee; receipt number 0650-3213443) by Free Hearts, Jeffery Lichtenstein, Memphis A. Phillip Randolph Institute, The Equity Alliance, The Memphis and West Tennessee AFL-CIO Central Labor Council, The Tennessee State Conference of the NAACP. (Attachments: # 1 Attachment Declaration of Ezra D. Rosenberg)(Harbison, William) (Entered: 09/11/2020)

Sept. 11, 2020

Sept. 11, 2020

PACER
30

MOTION for attorney Jonathan Diaz to Appear Pro Hac Vice (paid $100 PHV fee; receipt number 0650-3213454) by Free Hearts, Jeffery Lichtenstein, Memphis A. Phillip Randolph Institute, The Equity Alliance, The Memphis and West Tennessee AFL-CIO Central Labor Council, The Tennessee State Conference of the NAACP. (Attachments: # 1 Attachment Declaration of Jonathan Diaz)(Harbison, William) (Entered: 09/11/2020)

Sept. 11, 2020

Sept. 11, 2020

PACER
31

MOTION for attorney Molly E. Danahy to Appear Pro Hac Vice (paid $100 PHV fee; receipt number 0650-3213465) by Free Hearts, Jeffery Lichtenstein, Memphis A. Phillip Randolph Institute, The Equity Alliance, The Memphis and West Tennessee AFL-CIO Central Labor Council, The Tennessee State Conference of the NAACP. (Attachments: # 1 Attachment Declaration of Molly Elizabeth Danahy)(Harbison, William) (Entered: 09/11/2020)

Sept. 11, 2020

Sept. 11, 2020

PACER
32

MOTION for attorney Pooja Chaudhuri to Appear Pro Hac Vice (paid $100 PHV fee; receipt number 0650-3213475) by Free Hearts, Jeffery Lichtenstein, Memphis A. Phillip Randolph Institute, The Equity Alliance, The Memphis and West Tennessee AFL-CIO Central Labor Council, The Tennessee State Conference of the NAACP. (Attachments: # 1 Attachment Declaration of Pooja Chaudhuri)(Harbison, William) (Entered: 09/11/2020)

Sept. 11, 2020

Sept. 11, 2020

PACER
33

MOTION for attorney Ravi Doshi to Appear Pro Hac Vice (paid $100 PHV fee; receipt number 0650-3213478) by Free Hearts, Jeffery Lichtenstein, Memphis A. Phillip Randolph Institute, The Equity Alliance, The Memphis and West Tennessee AFL-CIO Central Labor Council, The Tennessee State Conference of the NAACP. (Attachments: # 1 Attachment Declaration of Ravi Raj Doshi)(Harbison, William) (Entered: 09/11/2020)

Sept. 11, 2020

Sept. 11, 2020

PACER
34

ORDER: This case is REFERRED to the Magistrate Judge for customized case management in accordance with Local Rule 16.01 and 28 U.S.C. ยง 636(b)(1)(A). This case shall be set for trial upon completion of the initial case management conference by order of the District Court in accordance with the procedures of Local Rule 16.01. Signed by District Judge Eli J. Richardson on 9/11/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(mg) (Entered: 09/11/2020)

Sept. 11, 2020

Sept. 11, 2020

RECAP

D.C. Bar status verified as active for Jonathan Diaz, Pooja Chaudhuri, and Ezra D. Rosenberg; CA State Bar status verified as active for Danielle M. Lang, and Ravi Doshi; and MD State Bar status verified as active for Molly Danahy. Local counsel noted. (mg)

Sept. 11, 2020

Sept. 11, 2020

PACER
35

MOTION for Leave to File Excess Pages by Free Hearts, Jeffery Lichtenstein, Memphis A. Phillip Randolph Institute, The Equity Alliance, The Memphis and West Tennessee AFL-CIO Central Labor Council, The Tennessee State Conference of the NAACP. (Attachments: # 1 Attachment Proposed Reply Memo, # 2 Attachment Proposed Order)(Harbison, William) (Entered: 09/11/2020)

1 Attachment Proposed Reply Memo

View on RECAP

2 Attachment Proposed Order

View on RECAP

Sept. 11, 2020

Sept. 11, 2020

RECAP
36

ORDER: The 35 Motion is GRANTED, and the Clerk is directed to file the Reply attached to the Motion as a separate docket entry. Signed by District Judge Eli J. Richardson on 9/14/2020. (mg) (Entered: 09/14/2020)

Sept. 14, 2020

Sept. 14, 2020

RECAP
37

PLAINTIFFS' REPLY IN SUPPORT OF MOTION FOR PRELIMINARY INJUNCTION filed by Free Hearts, Jeffery Lichtenstein, Memphis A. Phillip Randolph Institute, The Equity Alliance, The Memphis and West Tennessee AFL-CIO Central Labor Council, The Tennessee State Conference of the NAACP re 11 Motion for Preliminary Injunction. (mg) (Entered: 09/14/2020)

Sept. 14, 2020

Sept. 14, 2020

PACER
38

ORDER granting 28 : Having satisfied the requirements of Local Rule 83.01(b), the Motion to Appear Pro Hac Vice of Danielle Marie Lang is granted. Signed by Vicki Kinkade on 09/21/2020.(vk) (Entered: 09/21/2020)

Sept. 21, 2020

Sept. 21, 2020

PACER
39

ORDER granting 29 : Having satisfied the requirements of Local Rule 83.01(b), the Motion to Appear Pro Hac Vice of Ezra D. Rosenberg is granted. Signed by Vicki Kinkade on 09/21/2020. (vk) (Entered: 09/21/2020)

Sept. 21, 2020

Sept. 21, 2020

PACER
40

ORDER granting 30 : Having satisfied the requirements of Local Rule 83.01(b), the Motion to Appear Pro Hac Vice of Jonathan Diaz is granted. Signed by Vicki Kinkade on 09/21/2020. (vk) (Entered: 09/21/2020)

Sept. 21, 2020

Sept. 21, 2020

PACER
41

ORDER granting 31 : Having satisfied the requirements of Local Rule 83.01(b), the Motion to Appear Pro Hac Vice of Molly E. Danahy is granted. Signed by Vicki Kinkade on 09/21/2020. (vk) (Entered: 09/21/2020)

Sept. 21, 2020

Sept. 21, 2020

PACER
42

ORDER granting 32 : Having satisfied the requirements of Local Rule 83.01(b), the Motion to Appear Pro Hac Vice of Pooja Chaudhuri is granted. Signed by Vicki Kinkade on 09/21/2020. (vk) (Entered: 09/21/2020)

Sept. 21, 2020

Sept. 21, 2020

PACER
43

ORDER granting 33 : Having satisfied the requirements of Local Rule 83.01(b), the Motion to Appear Pro Hac Vice of Ravi Doshi is granted. Signed by Vicki Kinkade on 09/21/2020. (vk) (Entered: 09/21/2020)

Sept. 21, 2020

Sept. 21, 2020

PACER

Appear Pro Hac Vice

Sept. 21, 2020

Sept. 21, 2020

PACER
44

ORDER denying 11 : For the reasons set forth in the Memorandum Opinion and Order, Plaintiff's Motion for Preliminary Injunction is denied. Signed by District Judge Eli J. Richardson on 09/23/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(vk) (Entered: 09/23/2020)

Sept. 23, 2020

Sept. 23, 2020

Clearinghouse
45

ORDER: On September 2, 2020, Judge Trauger transferred this case to District Judge Richardson as related to an earlier filed case, No. 3:20-cv-00374, which has been referred to Magistrate Judge Frensley for case management. After consultation with Judge Frensley, it is hereby ORDERED that this case is transferred to Judge Frensley. Signed by Magistrate Judge Barbara D. Holmes on 10/14/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(mg) (Entered: 10/15/2020)

Oct. 14, 2020

Oct. 14, 2020

RECAP
46

MOTION to Dismiss for Failure to State a Claim by Mark Goins, Tre Hargett, Amy Weirich. (Kleinfelter, Janet) (Entered: 12/11/2020)

Dec. 11, 2020

Dec. 11, 2020

PACER
47

MEMORANDUM in Support of 46 MOTION to Dismiss for Failure to State a Claim filed by Mark Goins, Tre Hargett, Amy Weirich . (Kleinfelter, Janet) (Entered: 12/11/2020)

Dec. 11, 2020

Dec. 11, 2020

PACER
48

Unopposed MOTION for Extension of Time to File Response/Reply as to 46 MOTION to Dismiss for Failure to State a Claim by Free Hearts, Jeffery Lichtenstein, Memphis A. Phillip Randolph Institute, The Equity Alliance, The Memphis and West Tennessee AFL-CIO Central Labor Council, The Tennessee State Conference of the NAACP. (Attachments: # 1 Attachment Proposed Order)(Lopez, Christina) (Entered: 12/18/2020)

Dec. 18, 2020

Dec. 18, 2020

PACER
49

ORDER: Upon consideration of Plaintiffs' unopposed motion for extension of time to respond to Defendants' Motion to Dismiss (Dkt. No. 46 ), being advised of the premises for seeking such Motion and that the Motion is unopposed, it is hereby ORDERED that the Motion is GRANTED. Plaintiffs shall file their response to Defendants' Motion to Dismiss by January 8, 2021. Signed by District Judge Eli J. Richardson on 12/22/2020. (ln) (Entered: 12/22/2020)

Dec. 22, 2020

Dec. 22, 2020

PACER
50

RESPONSE in Opposition re 46 MOTION to Dismiss for Failure to State a Claim filed by Free Hearts, Jeffery Lichtenstein, Memphis A. Phillip Randolph Institute, The Equity Alliance, The Memphis and West Tennessee AFL-CIO Central Labor Council, The Tennessee State Conference of the NAACP. (Lopez, Christina) (Entered: 01/08/2021)

Jan. 8, 2021

Jan. 8, 2021

PACER
51

REPLY to Response to re 46 MOTION to Dismiss for Failure to State a Claim filed by Mark Goins, Tre Hargett, Amy Weirich. (Kleinfelter, Janet) (Entered: 01/12/2021)

Jan. 12, 2021

Jan. 12, 2021

PACER
53

ORDER: On December 11, 2020, Defendants filed a Motion to Dismiss (Doc. No. 46, "Motion"). On January 8, 2021, Plaintiffs filed a response in opposition (Doc. No. 50 ), and on January 12, 2021, Defendants filed a reply (Doc. No. 51 ). Since the time of these filings, due to an influx of litigation associated with the unique 2020 election cycle, numerous appellate court opinions involving election law have been issued. Accordingly, the Court hereby permits the parties to supplement their filings with citation to recent case law that they find relevant to their arguments, if they choose, on or before July 21, 2021. The supplemental filing shall not exceed 10 pages. The Court will thereafter promptly rule on the Motion. Signed by District Judge Eli J. Richardson on 7/12/2021. (ln) (Entered: 07/12/2021)

July 12, 2021

July 12, 2021

PACER
54

Supplemental RESPONSE in Opposition re 46 MOTION to Dismiss for Failure to State a Claim filed by Free Hearts, Jeffery Lichtenstein, Memphis A. Phillip Randolph Institute, The Equity Alliance, The Memphis and West Tennessee AFL-CIO Central Labor Council, The Tennessee State Conference of the NAACP. (Lopez, Christina) Modified on 7/22/2021 (ln). (Entered: 07/21/2021)

July 21, 2021

July 21, 2021

PACER
55

DEFENDANTS' SUPPLEMENTAL BRIEF filed by Mark Goins, Tre Hargett, Amy Weirich re 46 Motion to Dismiss for Failure to State a Claim, 47 Memorandum in Support. (Kleinfelter, Janet) Modified on 7/22/2021 (ln). (Entered: 07/21/2021)

July 21, 2021

July 21, 2021

PACER
56

MEMORANDUM OPINION. Signed by District Judge Eli J. Richardson on 12/7/2021. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(ln) (Entered: 12/07/2021)

Dec. 7, 2021

Dec. 7, 2021

Clearinghouse
57

ORDER DISMISSING CASE: For the reasons stated in the accompanying Memorandum Opinion, the Motion 46 is GRANTED, and Plaintiffs' sole claim asserted in their Complaint is hereby DISMISSED. The Clerk is directed to close the file. This Order shall constitute the final judgment in this case under Fed. R. Civ. P. 58. Signed by District Judge Eli J. Richardson on 12/7/2021. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(ln) (Entered: 12/07/2021)

Dec. 7, 2021

Dec. 7, 2021

Clearinghouse
58

ENTRY OF JUDGMENT re: 57 Order Dismissing Case. (ln) (Entered: 12/07/2021)

Dec. 7, 2021

Dec. 7, 2021

PACER
59

NOTICE OF APPEAL as to 56 Memorandum Opinion of the Court by Free Hearts, Jeffery Lichtenstein, Memphis A. Phillip Randolph Institute, The Memphis and West Tennessee AFL-CIO Central Labor Council, The Tennessee State Conference of the NAACP. Filing fee $ 505, receipt number 0650-3509537. (Sabis, Christopher) (Entered: 01/06/2022)

Jan. 6, 2022

Jan. 6, 2022

PACER
60

USCA Case Number 22-5028 for 59 Notice of Appeal, filed by The Memphis and West Tennessee AFL-CIO Central Labor Council, Free Hearts, Jeffery Lichtenstein, Memphis A. Phillip Randolph Institute, The Tennessee State Conference of the NAACP. (Monica M. Page, Case Manager.) (bs) (Entered: 01/12/2022)

Jan. 12, 2022

Jan. 12, 2022

PACER

Case Details

State / Territory: Tennessee

Case Type(s):

Election/Voting Rights

Special Collection(s):

COVID-19 (novel coronavirus)

Healthy Elections COVID litigation tracker

Key Dates

Filing Date: Aug. 28, 2020

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Labor and other organizations

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Lawyers Comm. for Civil Rights Under Law

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

State of Tennessee, State

State of Tennessee, State

Shelby County, County

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Ex parte Young (federal or state officials)

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

General:

Voting

Voting access

Voting:

Election administration