Case: Luciani v. Virginia State Board of Elections

7:20-cv-00401 | U.S. District Court for the Western District of Virginia

Filed Date: July 13, 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 11/05/2020, Independent candidate for House of Representatives brought a claim against the Virginia Department of Elections and State Board of Elections seeking declaratory judgment and injunctive relief pertaining to Virginia signature requirements to appear on ballot in light of hardship caused by COVID and related Stat…

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 11/05/2020,

Independent candidate for House of Representatives brought a claim against the Virginia Department of Elections and State Board of Elections seeking declaratory judgment and injunctive relief pertaining to Virginia signature requirements to appear on ballot in light of hardship caused by COVID and related State Emergency Orders. Specifically, candidate sought similar relief to what was granted in an unrelated Eastern District of Virginia case that would permit candidate to collect only 35% of required petition signatures and extend the deadline for petition signatures. Plaintiff stated that without relief, enforcement of existing requirements in light of COVID and related Emergency Orders violated plaintiff’s First and Fourteenth Amendment rights and gave rise to a claim under 42 U.S.C. § 1983 and would make it “impossible” for third party and independents to get on the ballot.

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/17343489/parties/luciani-v-virginia-state-board-of-elections/


Judge(s)

Conrad, Glen Edward (Virginia)

King, Robert Bruce (South Carolina)

Quattlebaum, A. Marvin Jr. (North Carolina)

Wynn, James Andrew Jr. (North Carolina)

Attorneys(s) for Defendant

Lewis, Carol Louise (Virginia)

Lockerman, Heather Hays (Virginia)

Judge(s)

Conrad, Glen Edward (Virginia)

King, Robert Bruce (South Carolina)

Quattlebaum, A. Marvin Jr. (North Carolina)

Wynn, James Andrew Jr. (North Carolina)

Attorneys(s) for Defendant

Lewis, Carol Louise (Virginia)

Lockerman, Heather Hays (Virginia)

Documents in the Clearinghouse

Document

Docket [PACER]

Oct. 16, 2020 Docket
12

Order

July 3, 2020 Order/Opinion
2

Complaint for Emergency Injunctive, Declaratory, and Other Relief

July 13, 2020 Complaint
11

Unpublished

U. S. Court of Appeals for the Fourth Circuit

818 Fed.Appx. 263

Aug. 26, 2020 Order/Opinion
29

Order

Oct. 16, 2020 Order/Opinion

Resources

Title Description External URL

Luciani v. Va. State Bd. of Elections

Stanford-MIT Healthy Elections Project

Independent candidate for House of Representatives brought a claim against the Virginia Department of Elections and State Board of Elections seeking declaratory judgment and injunctive relief pertai… Nov. 5, 2020 https://healthyelections-case-tracker.stanford.edu/detail?id=162

Docket

See docket on RECAP: https://www.courtlistener.com/docket/17343489/luciani-v-virginia-state-board-of-elections/

Last updated May 12, 2022, 8 p.m.

ECF Number Description Date Link
1

MOTION for Leave to Proceed in forma pauperis by Aaron Luciani. (ams)

July 13, 2020 PACER
2

COMPLAINT against Jessica Bowman, Robert H. Brink, Jamilah D. Lecruise, John O'Bannon, Christopher E. "Chris" Piper, Virginia State Board of Elections, filed by Aaron Luciani. (Attachments: # 1 Exhibit 1, # 2 Civil Cover Sheet, # 3 Drop Box Sheet)(ams) (Additional attachment(s) added on 7/13/2020: # 4 Proposed Summons) (ams). Modified on 7/13/2020 to add proposed summons as attachment(ams).

July 13, 2020 Clearinghouse
3

MOTION for Temporary Restraining Order by Aaron Luciani. (Attachments: # 1 Text of Proposed Order)(ams)

July 13, 2020 PACER
4

Brief / Memorandum in Support re 3 MOTION for Temporary Restraining Order. filed by Aaron Luciani. (ams)

July 13, 2020 PACER
5

ORDER granting 1 Motion for Leave to Proceed in forma pauperis. If needed, forms may also be found at www.vawd.uscourts.gov/forms.aspx Signed by Senior Judge Glen E. Conrad on 7/13/2020. (Order mailed to Pro Se Party via US Mail)(ams)

July 13, 2020 PACER
6

Summons Issued as to Virginia State Board of Elections.(Attachments: # 1 Summons Issued as to Jamilah D. Lecruise, # 2 Summons Issued as to Robert H. Brink, # 3 Summons Issued as to Jessica Bowman, # 4 Summons Issued as to Christopher E. Piper)(ams) (Attachment 3 replaced on 7/14/2020) (ams). (Attachment 4 replaced on 7/14/2020) (ams). Modified on 7/14/2020 Replaced deficient/incorrect pdf document with corrected pdf document (ams). (Entered: 07/14/2020)

July 13, 2020 PACER
7

Summons Issued as to John O'Bannon & delivered to USM for service/IFP Order 7/13/2020. (Attachments: # 1 USM 285 for Deft O'Bannon)(ssm)

July 14, 2020 PACER
8

SUMMONS Returned Executed by Aaron Luciani. Jessica Bowman served on 7/20/2020, answer due 8/10/2020; Robert H. Brink served on 7/20/2020, answer due 8/10/2020; Jamilah D. Lecruise served on 7/20/2020, answer due 8/10/2020; John O'Bannon served on 7/20/2020, answer due 8/10/2020; Christopher E. Piper served on 7/20/2020, answer due 8/10/2020; Virginia State Board of Elections served on 7/20/2020, answer due 8/10/2020. (Attachments: # 1 Process Receipt and Return USM 285)(ams) ( Main Document 8 replaced on 7/27/2020 with corrected pdf from USMS ) (ck). (Entered: 07/21/2020)

July 20, 2020 PACER
9

NOTICE of Appearance by Carol Louise Lewis on behalf of Jessica Bowman, Robert H. Brink, Jamilah D. Lecruise, John O'Bannon, Christopher E. Piper, Virginia State Board of Elections (Lewis, Carol)

July 21, 2020 PACER
10

NOTICE of Appearance by Heather Hays Lockerman on behalf of Jessica Bowman, Robert H. Brink, Jamilah D. Lecruise, John O'Bannon, Christopher E. Piper, Virginia State Board of Elections (Lockerman, Heather)

July 21, 2020 PACER
11

Minute Entry for proceedings held before Senior Judge Glen E. Conrad: Telephonic Motion Hearing held on 7/29/2020 re 3 MOTION for Temporary Restraining Order filed by Aaron Luciani. Ruling to follow. (Court Reporter: Mary Butenschoen) (ssm)

July 29, 2020 Clearinghouse
12

ORDER granting in part 3 Motion for TRO and enjoining the signature requirements as set forth in the Order up to 08/01/2020 @ 7 pm. Signed by Senior Judge Glen E. Conrad on 07/30/2020. (Order e-mailed to Pro Se Party)(ssm)

July 30, 2020 Clearinghouse
13

Emergency Motion to Amend Order and Judgment. (ams) (Main Document 13 replaced on 8/4/2020) (ams).Modified on 8/4/2020 (ams). Replaced deficient/incorrect pdf document with corrected pdf document

Aug. 4, 2020 PACER
14

NOTICE of Telephonic Hearing on Motion 13 MOTION to Amend/Correct 12 Order on Motion for TRO : (CR) (No Interpreter requested) Telephonic Motion Hearing set for 8/6/2020 01:00 PM before Senior Judge Glen E. Conrad. (Notice emailed to Pro Se Party and Dial In instructions emailed to all)(ssm)

Aug. 5, 2020 PACER

Notice of Hearing on Motion

Aug. 5, 2020 PACER
15

Brief / Memorandum in Opposition re 13 MOTION to Amend/Correct 12 Order on Motion for TRO . filed by Jessica Bowman, Robert H. Brink, Jamilah D. Lecruise, John O'Bannon, Christopher E. Piper, Virginia State Board of Elections. (Attachments: # 1 Exhibit)(Lockerman, Heather)

Aug. 6, 2020 PACER
16

Minute Entry for proceedings held before Senior Judge Glen E. Conrad: Telephonic Motion Hearing held on 8/6/2020 re 13 MOTION to Amend/Correct 12 Order on Motion for TRO filed by Aaron Luciani. (Court Reporter: JoRita Meyer) (ssm)

Aug. 6, 2020 PACER
17

ORDER denying 13 Emergency Motion to Amend/Correct Order and Judgment entered July 30, 2020. Signed by Senior Judge Glen E. Conrad on 08/06/2020. (Order emailed to Aaron Luciani, Pro Se at email address of record.)(ssm)

Aug. 7, 2020 PACER
18

NOTICE OF INTERLOCUTORY APPEAL re Order 17 by Aaron Luciani. Appeal Record due by 9/8/2020. (ams) Modified on 8/7/2020 (ams). Docket text was modified to reflect the correct docket entry.

Aug. 7, 2020 PACER
19

Transmittal of Notice of Interlocutory Appeal to 4CCA re 18 Notice of Appeal NOTE: The Docketing Statement and Transcript Order Form are available on the 4th Circuit Court of Appeals website at www.ca4.uscourts.gov. If CJA24 form(s) are applicable, you must submit a separate Auth-24 for each court reporter from whom you wish to order a transcript through the District Court's eVoucher system. (ams) (Main Document 19 replaced on 8/7/2020) (ams). Modified on 8/7/2020 (ams).Docket text was modified to reflect the correct docket entry Replaced deficient/incorrect pdf document with corrected pdf document

Aug. 7, 2020 PACER

Assembled Electronic Record Transmitted to 4CCA re 18 Notice of Interlocutory Appeal (ams)

Aug. 7, 2020 PACER

19 Transmittal of Notice of Appeal to 4CCA,, 18 Notice of Appeal, 17 Order on Motion to Amend/Correct mailed to Pro Se Party via US Mail (ams)

Aug. 7, 2020 PACER

Assembled Electronic Record Transmitted to 4CCA

Aug. 7, 2020 PACER

Pro Se Certificate of Mailing

Aug. 7, 2020 PACER
20

MOTION to Dismiss by Jessica Bowman, Robert H. Brink, Jamilah D. Lecruise, John O'Bannon, Christopher E. Piper, Virginia State Board of Elections. (Attachments: # 1 Exhibit Exhibit A)(Lewis, Carol)

Aug. 10, 2020 PACER
21

NOTICE of Docketing Record on Appeal from USCA re 18 Notice of Appeal filed by Aaron Luciani. USCA Case Number 20-1866. Case Manager: Cathy Tyree Herb. (ams)

Aug. 11, 2020 PACER
22

Roseboro Notice re 20 MOTION to Dismiss Deadline set for 9/4/2020. (Notice mailed to Pro Se Party via US Mail)(ams)

Aug. 11, 2020 PACER
23

PLAINTIFF'S URGENT MOTION TO STAY FURTHER PROCEEDINGS, CERTIFY ORDERAND ACCOMPANYING MEMORANDUM by Aaron Luciani. (ams)

Aug. 12, 2020 PACER
24

ORDER DIRECTING that the court's August 7, 2020 order, ECF No. 17, be CERTIFIED FOR APPEAL under 28 U.S.C. ยง 1292(b) and STAYING any litigation deadlines in this case pending the resolution of Luciani's appeal filed August 7, 2020 at ECF No. 18. Signed by Senior Judge Glen E. Conrad on 08/14/2020. (Order e-mailed to Pro Se Party, Fourth Circuit Court of Appeals, and 4CCA Docket Clerk for 20-1866 via ECF)(ssm)

Aug. 14, 2020 PACER
25

USCA Memorandum Opinion from 4th Circuit re 18 Notice of Appeal affirming decided on 08/26/2020 (ams)

Aug. 26, 2020 PACER
26

USCA JUDGMENT as to 18 Notice of Appeal filed by Aaron Luciani (ams)

Aug. 26, 2020 PACER
27

MANDATE of USCA as to 18 Notice of Appeal filed by Aaron Luciani. (ams)

Sept. 17, 2020 PACER
28

ORDER LIFTING STAY. Signed by Senior Judge Glen E. Conrad on 09/17/2020. (Order mailed to Pro Se Party via US Mail)(ams)

Sept. 17, 2020 PACER

IMPORTANT NOTICE: The United States District Court for the Western District of Virginia (WDVA) will be going live on the Next Generation of CM/ECF (NextGen CM/ECF) Tuesday, October 13, 2020. Preparing for NextGen CM/ECF is a two-step process. Step One is that each attorney must upgrade their individual PACER account, no shared accounts within firms will be allowed. Check and see if your PACER account is an "Upgraded" PACER account. Many PACER accounts have already been upgraded. If any of the following is true, you have an upgraded PACER account and no action is required until after the VAWD NextGen CM/ECF upgrade on October 13, 2020: 1) You have an upgraded PACER account for another NextGen Court or 2) Your PACER account was created after August 10, 2014. If none of these are true, you must upgrade your legacy PACER account before you will be able to link your PACER account to your VAWD CM/ECF account for your new NextGen CM/ECF account. Click here to learn how to upgrade your PACER Account. If you still have questions regarding your PACER account, please contact the PACER Service Center 800- 676-6856. Complete information regarding the WDVA NextGen CM/ECF implementation can be found at NextGen Information. (mzc) (ADI)

Sept. 22, 2020 PACER

Notice (Other)

Sept. 22, 2020 PACER

IMPORTANT NOTICE: The Western District of Virginia will be going live on NextGen CM/ECF Tuesday, October 13, 2020. This is a Two-Step process. In Step one each attorney was to make sure they had an upgraded individual PACER account. Now in preparation for Step Two please make sure you know your VAWD CM/ECF username and password. Please manually log in to the VAWD CM/ECF system at ht tps://ecf.vawd.uscourts.gov/cgi-bin/login.pl to make sure you know your current VAWD CM/ECF username and password. (do not rely on the auto-populating in your browser, because you will have to manually enter your CM/ECF username and password during the linking process after we go live on NextGen.) If you do not know your username or password please email ecf@vawd.uscourts.gov and include your bar# and contact phone#. (ADI) (mzc)

Sept. 29, 2020 PACER

Notice (NextGen)

Sept. 29, 2020 PACER

IMPORTANT NOTICE: The Western District of Virginia will be going live on NextGen CM/ECF Tuesday, October 13, 2020. The VAWD CM/ECF system will be unavailable from 8:00 am, October 10, 2020, through 8:00 am on Tuesday October 13, 2020. Preparing for NextGen CM/ECF is a two-step process. Step one was to upgrade your PACER account. Each attorney should have their own individual Upgraded PACER account at this time. Step two will be to link your upgraded PACER account to your VAWD CM/ECF account after the Court goes live on NextGen CM/ECF October 13, 2020. Instructions for linking you r account can be found by clicking here. Remember you cannot link your accounts until on or after the court goes live on NextGe n October 13, 2020. If you have any additional questions please call the VAWD Clerks Office at 540-857-5100 or email ecf@vawd.uscourts.gov. (ADI) (mzc)

Oct. 6, 2020 PACER

Notice (NextGen)

Oct. 6, 2020 PACER
29

ORDER DISMISSING CASE. Signed by Senior Judge Glen E. Conrad on 10/16/2020. (Order mailed to Pro Se Party via US Mail)(ams)

Oct. 16, 2020 Clearinghouse
29

ORDER DISMISSING CASE. Signed by Senior Judge Glen E. Conrad on 10/16/2020. (Order mailed to Pro Se Party via US Mail)(ams)

Oct. 16, 2020 PACER

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: July 13, 2020

Case Ongoing: Yes