Case: Lichtenstein v. Hargett

Lichetenstein v. Hargett

The Stanford-MIT Healthy Elections Project

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

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

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

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

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

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

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

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

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

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)

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

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2 Exhibit A. Declaration of Danielle Lang

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3 Exhibit B. Declaration of Jeffrey Lichtenstein

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

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

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6 Exhibit E. Declaration of the Equity Alliance

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

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8 Exhibit G. Declaration of Free Hearts

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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)

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)

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

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)

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

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

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)

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)

Annotation - PHV

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)

Annotation - Bar Status

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)

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

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)

1 Exhibit Goins Declaration

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2 Exhibit Exh. 1 to Goins Declaration

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3 Exhibit Exh. 2 to Goins Declaration

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4 Exhibit Exh. 3 to Goins Declaration

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5 Exhibit Exh. 4 to Goins Declaration

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6 Exhibit Exh. 5 to Goins Declaration

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7 Exhibit Exh. 6 to Goins Declaration

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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)

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)

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)

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

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)

Annotation - Bar Status

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

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)

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)

Annotation - Bar Status

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)

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)

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)

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)

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)

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

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)

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

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2 Attachment Proposed Order

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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)

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)

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)

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)

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)

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)

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)

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)

Appear Pro Hac Vice

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)

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)

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

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)

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)

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)

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)

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)

NOTICE 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 Notice of Withdrawal as Plaintiffs' Counsel (Sabis, Christopher) (Entered: 03/01/2021)

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)

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)

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)

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)

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)

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

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)

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)

NOTICE of 6CA ORDER filed granting motion to file amicus brief. Entered by order of the court. (MMP) (bs) (Entered: 08/23/2022)