Case: Curtin v. Virginia State Board of Elections

1:20-cv-00546 | U.S. District Court for the Eastern District of Virginia

Filed Date: May 13, 2020

Closed Date: June 18, 2020

Clearinghouse coding complete

Case Summary

On May 13, 2020, six Virginia residents filed this lawsuit in the U.S. District Court for the Eastern District of Virginia. Represented by private counsel, the plaintiffs sued the Virginia State Board of Elections, as well as the Chairman and Secretary of the Board, in their official capacities. The plaintiffs brought their claims under 42 U.S.C. § 1983, alleging violations of their First and Fourteenth Amendment rights, as well as Art. I, sec. IV, cl. 1 of the U.S. Constitution. The case was a…

On May 13, 2020, six Virginia residents filed this lawsuit in the U.S. District Court for the Eastern District of Virginia. Represented by private counsel, the plaintiffs sued the Virginia State Board of Elections, as well as the Chairman and Secretary of the Board, in their official capacities. The plaintiffs brought their claims under 42 U.S.C. § 1983, alleging violations of their First and Fourteenth Amendment rights, as well as Art. I, sec. IV, cl. 1 of the U.S. Constitution. The case was assigned to Judge Leonie M. Brinkema and Magistrate Judge Ivan D. Davis; the case was quickly reassigned to Judge T.S. Ellis, III, and again reassigned to Judge Rossie D. Alston, Jr.

Specifically in their complaint, the plaintiffs alleged that Virginia law, which limited absentee voting to a "person with a disability" (inclusive only of a person with a "physical or mental impairment that substantially limits one or more of his major life activities"). They claimed that while the Virginia General Assembly had recently expanded absentee voting to all registered voters, it had not done so for the June 23, 2020 primary election but instead issued guidance allowing voters to choose "disability or illness" as a reason for absentee voting in the primary due to COVID-19; an act which plaintiffs claimed was contrary to Virginia law and directed voters to make a false statement punishable as a Class 5 felony. Furthermore, plaintiffs claimed that widespread allowance of absentee voting led to voting fraud, and that last minute changes to the voting system would lead to voters not receiving their ballots in time to vote by mail or that the flood of ballots would overwhelm USPS and election workers, therefore disenfranchising voters. The plaintiffs requested declaratory and injunctive relief, requiring the defendants to not allow persons without disability or illness to vote absentee, order guidance instructing Virginian voters that they could only vote absentee if they qualified under the statutory definitions, and attorney's fees.

On May 15, the plaintiffs filed a motion for preliminary injunction, stating that the risk of COVID-19 was subsiding and reiterating the arguments of fraud and disenfranchisement from their complaint; they sought immediate relief from the court to limit absentee voting in the primary to only individuals with true disability or illness and to require defendants to investigate absentee voting applications that had been sent in after the guidance was issued by the state that all voters could vote absentee due to COVID-19.

The defendants responded on May 20, arguing that the plaintiffs' arguments were based on a "fundamental misunderstanding" of Virginia's absentee voting laws, that they lacked standing to seek injunctive relief and that they were not entitled to a preliminary injunction. Specifically, they argued that Virginia law permitted absentee voting during a state of emergency so the guidance the plaintiffs objected to was not contrary to Virginia's otherwise-applicable absentee voting laws because the state of emergency due to COVID-19 was still in effect. The defendants also stated that the plaintiffs claims of having standing were weak, as none of them were alleged sufficiently concretely or particularized in a way that would confer standing. Finally, the defendants argued that entering the requested injunctive relief would alter voting rules in the middle of the absentee voting period, which would in itself incentivize individuals from voting. 

On May 29, Judge Alston, Jr. denied the plaintiffs motion for preliminary injunction pursuant to the equitable doctrine of laches. 463 F. Supp. 3d 653. Specifically, the court found that the plaintiffs had not been diligent in challenging the COVID-19 guidance issued to local registrars, instead they had waited almost 2 months after the guidance was issued to file the lawsuit, thus laches barred the motion for the preliminary injunction; additionally, the plaintiffs' lack of diligence prejudiced members of the Virginia State Board of Elections so preliminary relief was not acceptable. 

The defendants filed a motion to dismiss on June 5, stating the case should be dismissed because the claims were barred by laches and that any further request for equitable relief would fail as a matter of law because the plaintiffs' claims were about to become moot, starting July 1, when the Virginia Assembly's law allowing all registered voters to vote absentee, went into effect. 

On June 16, the plaintiffs filed a notice of voluntary dismissal, which the court granted on June 18 and dismissed the case without prejudice. The case is now closed.

Summary Authors

Caitlin Kierum (4/28/2022)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/17180327/parties/curtin-v-virginia-state-board-of-elections/


Judge(s)

Alston, Rossie David Jr. (Virginia)

Davis, Ivan D. (Virginia)

Attorneys(s) for Plaintiff

Henry, Patrick Cullen II (Virginia)

Marrs, Bradley Phipps (Virginia)

Attorneys(s) for Defendant

Hedblom, Jaqueline C. (Virginia)

Kallen, Michelle S. (Virginia)

Other Attorney(s)

Active

Active

Active

Active

Judge(s)

Alston, Rossie David Jr. (Virginia)

Davis, Ivan D. (Virginia)

Attorneys(s) for Plaintiff

Henry, Patrick Cullen II (Virginia)

Marrs, Bradley Phipps (Virginia)

Attorneys(s) for Defendant

Hedblom, Jaqueline C. (Virginia)

Kallen, Michelle S. (Virginia)

Other Attorney(s)

Bopp, James Jr. (Indiana)

Coleson, Richard E. (Indiana)

Connally, Nathaniel T. (Virginia)

Milbank, Courtney Turner (Indiana)

Talotta, Jon Myer (Virginia)

Trache, Dylan G. (District of Columbia)

Documents in the Clearinghouse

Document

1:20-cv-00546

Docket [PACER]

June 18, 2020

June 18, 2020

Docket
4

1:20-cv-00546

Brief in Support of Plaintiffs’ Motion for Preliminary Injunction

May 13, 2020

May 13, 2020

Pleading / Motion / Brief
1

1:20-cv-00546

Verified Complaint for Declaratory and Injunctive Relief

May 13, 2020

May 13, 2020

Complaint
26

1:20-cv-00546

Defendants’ Opposition to Plaintiffs’ Motion for Preliminary Injunction

May 20, 2020

May 20, 2020

Pleading / Motion / Brief
50

1:20-cv-00546

Order

463 F.3d 653

May 29, 2020

May 29, 2020

Order/Opinion
54

1:20-cv-00546

Memorandum in Support of Defendants’ Motion to Dismiss

June 5, 2020

June 5, 2020

Pleading / Motion / Brief
56

1:20-cv-00546

Plaintiffs’ Notice of Voluntary Dismissal

June 16, 2020

June 16, 2020

Pleading / Motion / Brief

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/17180327/curtin-v-virginia-state-board-of-elections/

Last updated July 22, 2022, 3:04 a.m.

ECF Number Description Date Link Date / Link
1

Complaint For Declaratory & Injunctive Relief against Virginia State Board of Elections, Robert H. Brink, John O'Bannon, Jamilah D. Lecruise, Christopher E. Piper ( Filing fee $ 400, receipt number 0422-7203257.), filed by Suzanne A. Spikes, Kelley Pinzon, Donna Curtin, Tom Cranmer, Thomas Curtin, Carol D. Fox. (Attachments: # 1 Exhibit A: Declaration of Judy Flaig, # 2 Civil Cover Sheet, # 3 Exhibit Verification of Plaintiff Cranmer, # 4 Exhibit Verification of Plaintiff Fox, # 5 Exhibit Verification of Plaintiff Spikes, # 6 Exhibit Verification of Plaintiff T. Curtin, # 7 Exhibit Verification of Plaintiff Pinzon, # 8 Exhibit Verification of Plaintiff D. Curtin)(Henry, Patrick) Modified text on 5/14/2020 (klau, ). (Entered: 05/13/2020)

1 Exhibit A: Declaration of Judy Flaig

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2 Civil Cover Sheet

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3 Exhibit Verification of Plaintiff Cranmer

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4 Exhibit Verification of Plaintiff Fox

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5 Exhibit Verification of Plaintiff Spikes

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6 Exhibit Verification of Plaintiff T. Curtin

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7 Exhibit Verification of Plaintiff Pinzon

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8 Exhibit Verification of Plaintiff D. Curtin

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May 13, 2020

May 13, 2020

Clearinghouse
2

Proposed Summons re 1 Complaint,, by Tom Cranmer, Donna Curtin, Thomas Curtin, Carol D. Fox, Kelley Pinzon, Suzanne A. Spikes. (Henry, Patrick) (Entered: 05/13/2020)

May 13, 2020

May 13, 2020

PACER
3

MOTION for Preliminary Injunction by Tom Cranmer, Donna Curtin, Thomas Curtin, Carol D. Fox, Kelley Pinzon, Suzanne A. Spikes. (Henry, Patrick) (Entered: 05/13/2020)

May 13, 2020

May 13, 2020

PACER
4

Memorandum in Support re 3 MOTION for Preliminary Injunction filed by Tom Cranmer, Donna Curtin, Thomas Curtin, Carol D. Fox, Kelley Pinzon, Suzanne A. Spikes. (Henry, Patrick) (Entered: 05/13/2020)

May 13, 2020

May 13, 2020

Clearinghouse
5

MOTION to Expedite by Tom Cranmer, Donna Curtin, Thomas Curtin, Carol D. Fox, Kelley Pinzon, Suzanne A. Spikes. (Henry, Patrick) (Entered: 05/13/2020)

May 13, 2020

May 13, 2020

PACER
6

MOTION to Consolidate Cases by Donna Curtin, Thomas Curtin, Carol D. Fox, Kelley Pinzon, Suzanne A. Spikes. (Attachments: # 1 Proposed Order)(Henry, Patrick) (Entered: 05/13/2020)

May 13, 2020

May 13, 2020

PACER

Initial Case Assignment to District Judge Leonie M. Brinkema and Magistrate Judge Ivan D. Davis. (klau, )

May 14, 2020

May 14, 2020

PACER
7

Motion to appear Pro Hac Vice by James Bopp, Jr. and Certification of Local Counsel Patrick C. Henry II Filing fee $ 75, receipt number 0422-7203901. by Tom Cranmer, Donna Curtin, Thomas Curtin, Carol D. Fox, Kelley Pinzon, Suzanne A. Spikes. (Attachments: # 1 Exhibit Application to Qualify as a Foreign Attorney, # 2 Proposed Order)(Henry, Patrick) (Entered: 05/14/2020)

May 14, 2020

May 14, 2020

PACER
8

Motion to appear Pro Hac Vice by Richard E. Coleson and Certification of Local Counsel Patrick C. Henry II Filing fee $ 75, receipt number 0422-7203913. by Tom Cranmer, Donna Curtin, Thomas Curtin, Carol D. Fox, Kelley Pinzon, Suzanne A. Spikes. (Attachments: # 1 Exhibit Application to Qualify as a Foreign Attorney, # 2 Proposed Order)(Henry, Patrick) (Entered: 05/14/2020)

May 14, 2020

May 14, 2020

PACER
9

Motion to appear Pro Hac Vice by Courtney Turner Milbank and Certification of Local Counsel Patrick C. Henry II Filing fee $ 75, receipt number 0422-7203928. by Tom Cranmer, Donna Curtin, Thomas Curtin, Carol D. Fox, Kelley Pinzon, Suzanne A. Spikes. (Attachments: # 1 Exhibit Application to Qualify as a Foreign Attorney, # 2 Proposed Order)(Henry, Patrick) (Entered: 05/14/2020)

May 14, 2020

May 14, 2020

PACER
10

Proposed Summons re 1 Complaint,,, For Virginia State Board of Elections by Tom Cranmer, Donna Curtin, Thomas Curtin, Carol D. Fox, Kelley Pinzon, Suzanne A. Spikes. (Henry, Patrick) (Entered: 05/14/2020)

May 14, 2020

May 14, 2020

PACER

Case Reassigned to District Judge T. S. Ellis, III. District Judge Leonie M. Brinkema no longer assigned to the case. (rban, )

May 14, 2020

May 14, 2020

PACER

Case Reassigned to District Judge Rossie D. Alston, Jr. District Judge T. S. Ellis, III no longer assigned to the case. (rban, )

May 14, 2020

May 14, 2020

PACER

Notice of Correction re 5 MOTION to Expedite, 6 MOTION to Consolidate Cases, 3 MOTION for Preliminary Injunction, The filing user has been notified to file a Notice of Hearing Date or a Notice of Waiver of Oral Argument.(klau, )

May 14, 2020

May 14, 2020

PACER
11

Summons Issued for service by SPS as to Robert H. Brink, Jamilah D. Lecruise, John O'Bannon, Christopher E. Piper, Virginia State Board of Elections. NOTICE TO ATTORNEY: Print out two electronically issued summons and one copy of the attachments for each defendant to be served with the complaint. (Attachments: # 1 Notice)(klau, ) (Entered: 05/14/2020)

May 14, 2020

May 14, 2020

PACER
12

NOTICE of Appearance by Michelle Shane Kallen on behalf of Robert H. Brink, Jamilah D. Lecruise, John O'Bannon, Christopher E. Piper, Virginia State Board of Elections (Kallen, Michelle) (Entered: 05/14/2020)

May 14, 2020

May 14, 2020

PACER
13

Opposition to 5 MOTION to Expedite filed by Robert H. Brink, Jamilah D. Lecruise, John O'Bannon, Christopher E. Piper, Virginia State Board of Elections. (Attachments: # 1 Proposed Order)(Kallen, Michelle) (Entered: 05/14/2020)

May 14, 2020

May 14, 2020

PACER
14

NOTICE of Appearance by Jacqueline Cook Hedblom on behalf of Robert H. Brink, Jamilah D. Lecruise, John O'Bannon, Christopher E. Piper, Virginia State Board of Elections (Hedblom, Jacqueline) (Entered: 05/14/2020)

May 14, 2020

May 14, 2020

PACER
15

Notice of Hearing Date for May 22, 2020 re 5 MOTION to Expedite, 6 MOTION to Consolidate Cases, 3 MOTION for Preliminary Injunction (Henry, Patrick) (Entered: 05/15/2020)

May 15, 2020

May 15, 2020

PACER

Set Deadlines as to 6 MOTION to Consolidate Cases, 5 MOTION to Expedite . Motion Hearing set for 5/22/2020 at 10:00 AM in Alexandria Courtroom 601 before District Judge Rossie D. Alston Jr. (clar, )

May 15, 2020

May 15, 2020

PACER
16

REPLY to Response to Motion re 5 MOTION to Expedite (reply brief in support of motion) filed by Tom Cranmer, Donna Curtin, Thomas Curtin, Carol D. Fox, Kelley Pinzon, Suzanne A. Spikes. (Henry, Patrick) (Entered: 05/15/2020)

May 15, 2020

May 15, 2020

PACER

Per RDA chambers motions set for 5/22/2020 have been removed from the docket per Court's General Order 2020-12 - Date to be determined (clar, )

May 18, 2020

May 18, 2020

PACER
17

ORDER the Court GRANTS in part and DENIES in part the 5 Motion to Expedite and DENIES 6 Motion to Consolidate Cases. Defendants shall respond to the Motion for Preliminary Injunction, Dkt. 3, by Wednesday, May 20, 2020 -----Once so advised, the Court will set a hearing (see order for details). Signed by District Judge Rossie D. Alston, Jr on 5/18/20. (klau, ) (Entered: 05/18/2020)

May 18, 2020

May 18, 2020

PACER
18

NOTICE by Tom Cranmer, Donna Curtin, Thomas Curtin, Carol D. Fox, Kelley Pinzon, Suzanne A. Spikes re 17 Order on Motion to Expedite,, Order on Motion to Consolidate Cases, 3 MOTION for Preliminary Injunction to conduct Hearing by Video Conference (Henry, Patrick) (Entered: 05/18/2020)

May 18, 2020

May 18, 2020

PACER
19

CERTIFICATE OF SERVICE by Tom Cranmer, Donna Curtin, Thomas Curtin, Carol D. Fox, Kelley Pinzon, Suzanne A. Spikes re 1 Complaint,,, for Virginia State Board of Elections (Henry, Patrick) (Entered: 05/18/2020)

May 18, 2020

May 18, 2020

PACER
20

SUMMONS Returned Executed by Suzanne A. Spikes, Kelley Pinzon, Donna Curtin, Tom Cranmer, Thomas Curtin, Carol D. Fox as to All Defendants, served on 5/15/20, answer due 6/5/20 (Henry, Patrick) Modified on 5/19/2020 to add served and answer due date. (klau, ). (Entered: 05/18/2020)

May 18, 2020

May 18, 2020

PACER
21

ORDER granting 7 Motion for Pro hac vice. Signed by District Judge Rossie D. Alston, Jr on 5/20/20. (klau, ) (Entered: 05/20/2020)

May 20, 2020

May 20, 2020

PACER
22

ORDER granting 8 Motion for Pro hac vice. Signed by District Judge Rossie D. Alston, Jr on 5/20/20. (klau, ) (Entered: 05/20/2020)

May 20, 2020

May 20, 2020

PACER
23

ORDER granting 9 Motion for Pro hac vice. Signed by District Judge Rossie D. Alston, Jr on 5/20/20. (klau, ) (Entered: 05/20/2020)

May 20, 2020

May 20, 2020

PACER
24

NOTICE by Tom Cranmer, Donna Curtin, Thomas Curtin, Carol D. Fox, Kelley Pinzon, Suzanne A. Spikes re 1 Complaint,,, of Amendment by Interlineation (Henry, Patrick) (Entered: 05/20/2020)

May 20, 2020

May 20, 2020

PACER
25

MOTION for Leave to File Unopposed Motion to File Amicus Brief in Response to Plaintiffs' Motion for Preliminary Injunction by New Virginia Majority Educational Fund, Maya Castillo Morrison, Adam Morrison. (Attachments: # 1 Memorandum in Support, # 2 Exhibit A - Proposed Amicus Brief, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Proposed Order)(Trache, Dylan) (Entered: 05/20/2020)

May 20, 2020

May 20, 2020

PACER
26

Memorandum in Opposition re 3 MOTION for Preliminary Injunction filed by Robert H. Brink, Jamilah D. Lecruise, John O'Bannon, Christopher E. Piper, Virginia State Board of Elections. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5)(Kallen, Michelle) (Entered: 05/20/2020)

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

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4 Exhibit 4

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5 Exhibit 5

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May 20, 2020

May 20, 2020

Clearinghouse

Set/Reset Hearing as to 3 MOTION for Preliminary Injunction . Motion Hearing set for 5/27/2020 at 11:30 AM in Alexandria VTC (Courtroom 401) before District Judge Rossie D. Alston Jr. (tarm)

May 21, 2020

May 21, 2020

PACER
27

Video or Telephone Conferencing ORDER for Hearing on 3 MOTION for Preliminary Injunction, Accordingly, the proceeding(s) to be held on this date may be conducted by Video Teleconferencing, the proceeding in the above referenced case is set to occur on May 27, 2020, at 11:30 a.m. in courtroom 401. All parties are to appear by video conferencing --- (see order for details). Signed by District Judge Rossie D. Alston, Jr on 5/21/20. (klau, ) (Entered: 05/21/2020)

May 21, 2020

May 21, 2020

RECAP

Notice of Correction re 24 NOTICE, An incomplete (missing signature) document was filed. The filing user has been notified to refile the document. (klau, )

May 21, 2020

May 21, 2020

PACER
28

NOTICE by Tom Cranmer, Donna Curtin, Thomas Curtin, Carol D. Fox, Kelley Pinzon, Suzanne A. Spikes re 24 NOTICE, 1 Complaint,,, Amended Notice of Amendment by Interlineation (Henry, Patrick) (Entered: 05/21/2020)

May 21, 2020

May 21, 2020

PACER
29

NOTICE of Appearance by Dylan Gillespie Trache on behalf of Adam Morrison, Maya Castillo Morrison, New Virginia Majority Educational Fund (Trache, Dylan) (Entered: 05/22/2020)

May 22, 2020

May 22, 2020

PACER
30

Motion to appear Pro Hac Vice by John Michael Powers and Certification of Local Counsel Dylan G. Trache Filing fee $ 75, receipt number 0422-7215868. by Adam Morrison, Maya Castillo Morrison, New Virginia Majority Educational Fund. (Attachments: # 1 Exhibit A, # 2 Proposed Order)(Trache, Dylan) (Entered: 05/22/2020)

May 22, 2020

May 22, 2020

PACER
31

REPLY to Response to Motion re 3 MOTION for Preliminary Injunction Reply in Support filed by Tom Cranmer, Donna Curtin, Thomas Curtin, Carol D. Fox, Kelley Pinzon, Suzanne A. Spikes. (Henry, Patrick) (Entered: 05/22/2020)

May 22, 2020

May 22, 2020

PACER
32

ORDER that 25 Motion for Leave to File is GRANTED, and the proposed Amicus Curiae Brief of New Virginia Majority Educational Fund, Maya Castillo Morrison, and Adam Morrison shall be docketed. Signed by District Judge Rossie D. Alston, Jr on 5/22/20. (klau, ) (Entered: 05/26/2020)

May 22, 2020

May 22, 2020

PACER
33

MOTION for Leave to File Amicus Curiae Brief in Support of Defendants by Edgardo Cortes. (Attachments: # 1 Exhibit A (Proposed Brief of Amicus Curiae Edgardo Cortes), # 2 Exhibit B (Declaration of Amicus Curiae Edgardo Cortes), # 3 Proposed Order)(Talotta, Jon) (Entered: 05/26/2020)

May 26, 2020

May 26, 2020

PACER
34

Brief in Support to 33 MOTION for Leave to File Amicus Curiae Brief in Support of Defendants filed by Edgardo Cortes. (Talotta, Jon) (Entered: 05/26/2020)

May 26, 2020

May 26, 2020

PACER
35

Waiver of Oral Argument by Edgardo Cortes (Talotta, Jon) (Entered: 05/26/2020)

May 26, 2020

May 26, 2020

PACER
36

NOTICE of Appearance by Nathaniel Thomas Connally, III on behalf of Edgardo Cortes (Connally, Nathaniel) (Entered: 05/26/2020)

May 26, 2020

May 26, 2020

PACER
37

Motion to appear Pro Hac Vice by David Dunn and Certification of Local Counsel Jon M. Talotta Filing fee $ 75, receipt number 0422-7219327. by Edgardo Cortes. (Talotta, Jon) (Entered: 05/26/2020)

May 26, 2020

May 26, 2020

PACER
38

Motion to appear Pro Hac Vice by Jason Leonard and Certification of Local Counsel Jon M. Talotta Filing fee $ 75, receipt number 0422-7219329. by Edgardo Cortes. (Talotta, Jon) (Entered: 05/26/2020)

May 26, 2020

May 26, 2020

PACER
39

Memorandum in Support re 3 MOTION for Preliminary Injunction Plaintiffs Supplemental Authority filed by Tom Cranmer, Donna Curtin, Thomas Curtin, Carol D. Fox, Kelley Pinzon, Suzanne A. Spikes. (Henry, Patrick) (Entered: 05/27/2020)

May 27, 2020

May 27, 2020

PACER
40

ORDER granting 30 Motion for Pro hac vice. Signed by District Judge Rossie D. Alston, Jr on 5/27/20. (klau, ) (Entered: 05/27/2020)

May 27, 2020

May 27, 2020

PACER
41

ORDER granting 33 Motion for Leave to File Amicus Curiae Brief in Support of Defendants and the proposed amicus curiae brief of Edgardo Cortes shall be deemed filed. Signed by District Judge Rossie D. Alston, Jr on 5/27/20. (klau, ) (Entered: 05/27/2020)

May 27, 2020

May 27, 2020

PACER
42

Amicus Brief in Support of Defendants by Edgardo Cortes. (klau, ) (Entered: 05/27/2020)

May 27, 2020

May 27, 2020

PACER
43

Declaration re 26 Memorandum in Opposition, Supplemental Declaration of Christopher E. Piper by Robert H. Brink, Jamilah D. Lecruise, John O'Bannon, Christopher E. Piper, Virginia State Board of Elections. (Hedblom, Jacqueline) (Entered: 05/27/2020)

May 27, 2020

May 27, 2020

PACER
44

Minute Entry for proceedings held before District Judge Rossie D. Alston, Jr: Motion Hearing held on 5/27/2020. Plaintiffs' 3 MOTION for Preliminary Injunction filed by Donna Curtin, Kelley Pinzon, Suzanne A. Spikes, Carol D. Fox, Tom Cranmer, Thomas Curtin - Argued and taken under advisement. (Court Reporter: T. Harris)(tarm) (Entered: 05/27/2020)

May 27, 2020

May 27, 2020

PACER
45

MOTION for Leave to File Supplemental Authority by Tom Cranmer, Donna Curtin, Thomas Curtin, Carol D. Fox, Kelley Pinzon, Suzanne A. Spikes. (Attachments: # 1 Proposed Order)(Henry, Patrick) (Entered: 05/28/2020)

May 28, 2020

May 28, 2020

PACER
46

MOTION to Strike 43 Declaration of Christopher E. Piper by Tom Cranmer, Donna Curtin, Thomas Curtin, Carol D. Fox, Kelley Pinzon, Suzanne A. Spikes. (Henry, Patrick) (Entered: 05/28/2020)

May 28, 2020

May 28, 2020

PACER
47

Opposition to 46 MOTION to Strike 43 Declaration of Christopher E. Piper filed by Robert H. Brink, Jamilah D. Lecruise, John O'Bannon, Christopher E. Piper, Virginia State Board of Elections. (Attachments: # 1 Exhibit A)(Hedblom, Jacqueline) (Entered: 05/28/2020)

May 28, 2020

May 28, 2020

PACER

Notice of Correction re 45 MOTION for Leave to File Supplemental Authority, 46 MOTION to Strike 43 Declaration of Christopher E. Piper, The filing user has been notified to file a Notice of Hearing Date or a Notice of Waiver of Oral Argument. (klau, )

May 29, 2020

May 29, 2020

PACER
48

REPLY to Response to Motion re 46 MOTION to Strike 43 Declaration of Christopher E. Piper Reply in Support filed by Tom Cranmer, Donna Curtin, Thomas Curtin, Carol D. Fox, Kelley Pinzon, Suzanne A. Spikes. (Henry, Patrick) (Entered: 05/29/2020)

May 29, 2020

May 29, 2020

PACER

Notice of Correction re 47 Opposition, The signature block on the document does not match the user's login. The filing user has been notified and has been asked to refile the document. (klau, )

May 29, 2020

May 29, 2020

PACER
49

Opposition to 46 MOTION to Strike 43 Declaration of Christopher E. Piper CORRECTED filed by Robert H. Brink, Jamilah D. Lecruise, John O'Bannon, Christopher E. Piper, Virginia State Board of Elections. (Attachments: # 1 Exhibit A)(Hedblom, Jacqueline) (Entered: 05/29/2020)

May 29, 2020

May 29, 2020

PACER
50

ORDER denying 3 Motion for Preliminary Injunction. (See Order for details) Signed by District Judge Rossie D. Alston, Jr on 5/29/2020. (tarm) (Entered: 05/29/2020)

May 29, 2020

May 29, 2020

Clearinghouse
51

TRANSCRIPT of proceedings held on 5/27/2020, before Judge Rossie Alston, Court Reporter/Transcriber Tonia Harris, Telephone number 703-646-1438. NOTICE RE REDACTION OF TRANSCRIPTS:The parties have thirty(30) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.vaed.uscourts.gov 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 Redaction Request due 7/2/2020. Redacted Transcript Deadline set for 8/3/2020. Release of Transcript Restriction set for 8/31/2020.(harris, tonia) (Entered: 06/02/2020)

June 2, 2020

June 2, 2020

PACER
52

ORDER granting 37 Motion for Pro hac vice. Signed by District Judge Rossie D. Alston, Jr on 6/3/20. (klau, ) (Entered: 06/03/2020)

June 3, 2020

June 3, 2020

PACER
53

MOTION to Dismiss by Robert H. Brink, Jamilah D. Lecruise, John O'Bannon, Christopher E. Piper, Virginia State Board of Elections. (Kallen, Michelle) (Entered: 06/05/2020)

June 5, 2020

June 5, 2020

PACER
54

Memorandum in Support re 53 MOTION to Dismiss filed by Robert H. Brink, Jamilah D. Lecruise, John O'Bannon, Christopher E. Piper, Virginia State Board of Elections. (Kallen, Michelle) (Entered: 06/05/2020)

June 5, 2020

June 5, 2020

RECAP
55

Notice of Hearing Date set for June 26, 2020 re 53 MOTION to Dismiss, 54 Memorandum in Support (Kallen, Michelle) (Entered: 06/05/2020)

June 5, 2020

June 5, 2020

PACER

Set Deadlines as to 53 MOTION to Dismiss . Motion Hearing set for 6/26/2020 at 10:00 AM in Alexandria Courtroom 601 before District Judge Rossie D. Alston Jr. (clar, )

June 8, 2020

June 8, 2020

PACER
56

NOTICE of Voluntary Dismissal by Tom Cranmer, Donna Curtin, Thomas Curtin, Carol D. Fox, Kelley Pinzon, Suzanne A. Spikes (Henry, Patrick) (Entered: 06/16/2020)

June 16, 2020

June 16, 2020

Clearinghouse

Per RDA Chambers motions set for 6/26/20 removed. (klau, )

June 16, 2020

June 16, 2020

PACER
57

ORDER dismissing this matter without prejudice with each side to bear it own costs and fees. Signed by District Judge Rossie D. Alston, Jr on 6/18/2020. (shea) (Entered: 06/18/2020)

June 18, 2020

June 18, 2020

PACER

Case Details

State / Territory: Virginia

Case Type(s):

Election/Voting Rights

Special Collection(s):

COVID-19 (novel coronavirus)

Healthy Elections COVID litigation tracker

Key Dates

Filing Date: May 13, 2020

Closing Date: June 18, 2020

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Several voters in Virginia

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

Section 504 (Rehabilitation Act), 29 U.S.C. § 701

Constitutional Clause(s):

Due Process

Due Process: Substantive Due Process

Availably Documents:

Complaint (any)

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None

Source of Relief:

None

Issues

General:

Voting

Voting access

Voting:

Election administration

Vote dilution