Case: Thompson v. Trump

1:21-cv-00400 | U.S. District Court for the District of Columbia

Filed Date: Feb. 16, 2021

Case Ongoing

Clearinghouse coding complete

Case Summary

This is a case about the violent insurrection and disruption of Congress on January 6, 2021 as Congressional members approved the results of the Electoral College in order to elect the next President and Vice President of the United States. On February 16, 2021, a member of the United States House of Representatives, in his personal capacity, filed this lawsuit in the United States District Court for the District of Columbia. Represented by private counsel and the NAACP, the plaintiff sued the …

This is a case about the violent insurrection and disruption of Congress on January 6, 2021 as Congressional members approved the results of the Electoral College in order to elect the next President and Vice President of the United States.

On February 16, 2021, a member of the United States House of Representatives, in his personal capacity, filed this lawsuit in the United States District Court for the District of Columbia. Represented by private counsel and the NAACP, the plaintiff sued the President of the United States in his personal capacity, the President’s personal lawyer, Proud Boys International, and Oath Keepers under the Ku Klux Klan Act 42 U.S.C. § 1985(1). The representative sought a declaratory judgment, injunctive relief enjoining the defendants from engaging in future violations of the act, compensatory and punitive damages, and attorneys’ fees. He claimed that the defendants plotted, coordinated, and executed a common plan to prevent Congress from discharging its official duties in certifying the results of the presidential election. He also claimed that in furtherance of this plan, the defendants spread misinformation to disrupt the legally required presidential election process. These actions allegedly prevented the plaintiff from performing his official duties and deprived him of his right to be free from intimidation and threats while doing so.

This case has been assigned to Judge Amit P. Mehta and is ongoing.

Summary Authors

Eilidh Jenness (4/1/2021)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/59292668/parties/thompson-v-trump/


Judge(s)

Mehta, Amit Priyavadan (District of Columbia)

Attorneys(s) for Plaintiff

Ashton, Anthony P (Maryland)

Corman, Brian Christopher (District of Columbia)

Deich, Alison Sarah (District of Columbia)

Louard, Janette (Maryland)

Sellers, Joseph Marc (District of Columbia)

Judge(s)

Mehta, Amit Priyavadan (District of Columbia)

Attorneys(s) for Plaintiff

Ashton, Anthony P (Maryland)

Corman, Brian Christopher (District of Columbia)

Deich, Alison Sarah (District of Columbia)

Louard, Janette (Maryland)

Sellers, Joseph Marc (District of Columbia)

Documents in the Clearinghouse

Document

Docket [PACER]

March 5, 2021 Docket
1

Complaint

Feb. 16, 2021 Complaint

Docket

See docket on RECAP: https://www.courtlistener.com/docket/59292668/thompson-v-trump/

Last updated May 13, 2022

ECF Number Description Date Link
1

COMPLAINT against All Defendants with Jury Demand ( Filing fee $ 402 receipt number ADCDC-8202743) filed by BENNIE G. THOMPSON. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons, # 6 Summons)(Sellers, Joseph) (Entered: 02/16/2021)

1 Civil Cover Sheet

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2 Summons

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3 Summons

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4 Summons

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5 Summons

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6 Summons

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Feb. 16, 2021 RECAP

Case Assigned/Reassigned

Feb. 16, 2021 PACER
2

ERRATA (Corrected Civil Cover Sheet) by BENNIE G. THOMPSON re 1 Complaint, filed by BENNIE G. THOMPSON. (Sellers, Joseph) (Entered: 02/16/2021)

Feb. 16, 2021 PACER
3

NOTICE of Appearance by Brian Christopher Corman on behalf of All Plaintiffs (Corman, Brian) (Entered: 02/16/2021)

Feb. 16, 2021 PACER

Case Assigned to Judge Amit P. Mehta. (zsb)

Feb. 16, 2021 PACER
4

SUMMONS (5) Issued Electronically as to RUDOLPH W. GIULIANI, OATH KEEPERS, PROUD BOYS INTERNATIONAL, L.L.C., DONALD J. TRUMP. (Attachment: # 1 Notice and Consent)(adh, ) (Entered: 02/16/2021)

1 Notice and Consent

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Feb. 16, 2021 PACER

ENTERED IN ERROR.....NOTICE OF ERROR re 1 Complaint; emailed to mbekesha@judicialwatch.org, cc'd -1 associated attorneys -- The PDF file you docketed contained errors: 1. Blank or missing coversheet. Please use the cover sheet at https://www.dcd.uscourts.gov/new-case-forms & file using the event Civil Cover Sheet., 2. COMPLIANCE DEADLINE is by close of business today. This case will not proceed any further until all errors are satisfied. (adh, ) Modified to enter in error on 2/17/2021; filed in wrong case. (adh, ).

Feb. 16, 2021 PACER
5

WAIVER OF SERVICE. RUDOLPH W. GIULIANI waiver sent on 2/25/2021, answer due 4/26/2021. (Corman, Brian) (Entered: 03/01/2021)

March 1, 2021 PACER
6

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. DONALD J. TRUMP served on 2/23/2021, answer due 3/16/2021 (Corman, Brian) (Entered: 03/03/2021)

March 3, 2021 RECAP
7

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. OATH KEEPERS served on 3/2/2021, answer due 3/23/2021 (Corman, Brian) (Entered: 03/05/2021)

March 5, 2021 RECAP
8

NOTICE of Appearance by Jesse R Binnall on behalf of DONALD J. TRUMP (Binnall, Jesse) (Entered: 03/11/2021)

March 11, 2021 RECAP
9

Consent MOTION for Extension of Time to File Answer re 1 Complaint, or Otherwise Plead by DONALD J. TRUMP. (Attachments: # 1 Text of Proposed Order)(Binnall, Jesse) (Entered: 03/15/2021)

1 Text of Proposed Order

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March 15, 2021 RECAP

MINUTE ORDER granting 9 Consent Motion for an Extension of Time. Mr. Trump shall file his answer or otherwise respond to the Complaint by no later than April 26, 2021. Signed by Amit P. Mehta on 3/16/2021. (lcapm3)

March 16, 2021 PACER
10

Consent MOTION for Extesntion of Time to Answer or Otherwise Plead to the Complaint by OATH KEEPERS. (Attachments: # 1 Text of Proposed Order)(Morgan, Kerry) Modified event title on 3/25/2021 (znmw). (Entered: 03/23/2021)

1 Text of Proposed Order

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March 23, 2021 PACER

MINUTE ORDER granting 10 Consent Motion for an Extension of Time. Defendant Oathkeepers shall file its answer or otherwise respond to the Complaint by no later than April 26, 2021. Signed by Amit P. Mehta on 3/23/2021. (lcapm3)

March 23, 2021 PACER

MINUTE ORDER. The Court having considered Plaintiffs' 15 Motion for Leave to Appear Pro Hac Vice of Stephen Shackelford, Jr., and it appearing to the Court that the attorney referenced therein meets the requirements for pro hac vice admission under Local Civil Rule 83.2(d), it is hereby ORDERED that the Motion is GRANTED. It is further ORDERED that Stephen Shackelford, Jr., is ADMITTED to practice before the Court pro hac vice. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Click for instructions. Signed by Judge Carl J. Nichols on March 30, 2021. (lccjn2)

March 30, 2021 PACER
11

MOTION for Leave to File Amended Complaint by BENNIE G. THOMPSON. (Attachments: # 1 Exhibit Amended Complaint, # 2 Text of Proposed Order)(Sellers, Joseph) (Entered: 04/07/2021)

1 Exhibit Amended Complaint

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2 Text of Proposed Order

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April 7, 2021 RECAP

Order on Motion for Leave to File

April 7, 2021 PACER

MINUTE ORDER granting Plaintiff's 11 Motion for Leave to File Amended Complaint. Federal Rule of Civil Procedure 15(a)(1)(B) permits a plaintiff to amend his pleading once as a matter of right up to 21 days after a defendant has served a responsive pleading or motion under Rule 12(b), (e), or (f). No defendant has yet filed a responsive pleading or motion. Accordingly, Plaintiff timely seeks to amend his pleading as a matter of right. The Amended Complaint therefore will be the operative pleading in this case. Defendants shall answer or otherwise respond to the Amended Complaint by May 26, 2021. Signed by Judge Amit P. Mehta on 4/7/2021. (lcapm3)

April 7, 2021 PACER
12

REQUEST FOR SUMMONS TO ISSUE filed by BENNIE G. THOMPSON, BONNIE WATSON COLEMAN, KAREN R. BASS, PRAMILA JAYAPAL, MAXINE WATERS, JERROLD NADLER, HENRY C. JOHNSON, STEPHEN I COHEN, BARBARA J. LEE, VERONICA ESCOBAR, MARCIA KAPTUR.(Sellers, Joseph) (Entered: 04/09/2021)

April 9, 2021 PACER
13

SUMMONS (5) Issued Electronically as to ENRIQUE TARRIO, WARBOYS LLC. (eg) (Entered: 04/16/2021)

April 16, 2021 RECAP
14

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. WARBOYS LLC served on 4/19/2021, answer due 5/10/2021 (Sellers, Joseph) (Entered: 04/21/2021)

April 21, 2021 RECAP
15

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Robert B. McDuff, Filing fee $ 100, receipt number ADCDC-8401537. Fee Status: Fee Paid. by KAREN R. BASS, STEPHEN I COHEN, BONNIE WATSON COLEMAN, VERONICA ESCOBAR, PRAMILA JAYAPAL, HENRY C. JOHNSON, MARCIA KAPTUR, BARBARA J. LEE, JERROLD NADLER, BENNIE G. THOMPSON, MAXINE WATERS. (Attachments: # 1 Declaration of Robert B. McDuff)(Sellers, Joseph) (Entered: 04/27/2021)

1 Declaration of Robert B. McDuff

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April 27, 2021 PACER
16

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. WARBOYS LLC served on 4/23/2021, answer due 5/14/2021 (Corman, Brian) (Entered: 05/05/2021)

May 5, 2021 RECAP
17

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. ENRIQUE TARRIO served on 4/23/2021, answer due 5/14/2021 (Corman, Brian) (Entered: 05/05/2021)

May 5, 2021 RECAP
18

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. ENRIQUE TARRIO served on 5/1/2021, answer due 5/22/2021 (Corman, Brian) (Entered: 05/05/2021)

May 5, 2021 RECAP
19

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. WARBOYS LLC served on 5/1/2021, answer due 5/22/2021 (Corman, Brian) (Entered: 05/05/2021)

May 5, 2021 PACER

Order on Motion for Leave to Appear Pro Hac Vice

May 10, 2021 PACER

MINUTE ORDER granting 15 Motion for Leave to Appear Pro Hac Vice. Attorney Robert B. McDuff is hereby admitted pro hac vice to appear in this matter. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Click for instructions. Signed by Judge Amit P. Mehta on 5/10/2021. (lcapm3)

May 10, 2021 PACER
20

MOTION to Dismiss by OATH KEEPERS. (Morgan, Kerry) (Entered: 05/26/2021)

May 26, 2021 RECAP
21

MOTION to Dismiss pursuant to Fed. R. Civ. P. 12(b)(6) by RUDOLPH W. GIULIANI. (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(Sibley, Joseph) (Entered: 05/26/2021)

1

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2

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May 26, 2021 RECAP
22

MOTION to Dismiss for lack of jurisdiction and failure to state a claim by DONALD J. TRUMP. (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(Binnall, Jesse) (Entered: 05/26/2021)

1 Exhibit 1

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2 Text of Proposed Order

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May 26, 2021 RECAP
23

NOTICE of Proposed Order by OATH KEEPERS re 20 MOTION to Dismiss (Morgan, Kerry) (Entered: 05/27/2021)

May 27, 2021 RECAP
24

MOTION for Extension of Time to File Answer to Motions to Dismiss by KAREN R. BASS, STEPHEN I COHEN, BONNIE WATSON COLEMAN, VERONICA ESCOBAR, PRAMILA JAYAPAL, HENRY C. JOHNSON, MARCIA KAPTUR, BARBARA J. LEE, JERROLD NADLER, BENNIE G. THOMPSON, MAXINE WATERS. (Attachments: # 1 Text of Proposed Order)(Sellers, Joseph) (Entered: 06/02/2021)

1 Text of Proposed Order

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June 2, 2021 RECAP
25

ORDER granting 24 Motion for Extension of Time to Respond to Motion to Dismiss. Plaintiffs may file their response to the pending motions to dismiss on or before July 1, 2021. Defendants may submit any reply briefs on or before July 19, 2021. See attached Order for further details. Signed by Judge Amit P. Mehta on 6/3/2021. (lcapm3) (Entered: 06/03/2021)

June 3, 2021 RECAP
26

RESPONSE re 22 MOTION to Dismiss for lack of jurisdiction and failure to state a claim filed by OATH KEEPERS. (Morgan, Kerry) (Entered: 06/04/2021)

June 4, 2021 RECAP
27

NOTICE of Appearance by Alison Sarah Deich on behalf of All Plaintiffs (Deich, Alison) (Entered: 06/07/2021)

June 7, 2021 RECAP
28

ERRATA re 19 Summons Returned Executed by All Plaintiffs (Attachments: # 1 Affidavit Amended Affidavits)(Corman, Brian) Modified docket event/text on 6/10/2021 (eg). (Entered: 06/09/2021)

1 Affidavit Amended Affidavits

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June 9, 2021 RECAP
29

Memorandum in opposition to re 21 MOTION to Dismiss pursuant to Fed. R. Civ. P. 12(b)(6), 22 MOTION to Dismiss for lack of jurisdiction and failure to state a claim, 20 MOTION to Dismiss filed by KAREN R. BASS, STEPHEN I COHEN, BONNIE WATSON COLEMAN, VERONICA ESCOBAR, PRAMILA JAYAPAL, HENRY C. JOHNSON, MARCIA KAPTUR, BARBARA J. LEE, JERROLD NADLER, BENNIE G. THOMPSON, MAXINE WATERS. (Attachments: # 1 Appendix, # 2 Appendix)(Sellers, Joseph) (Entered: 07/01/2021)

1 Declaration of Brittany Fowler

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2 Text of Proposed Order

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July 1, 2021 RECAP
30

MOTION for Leave to File Amici Curiae Brief in Support of Plaintiffs by Evan H. Caminker, Andrew Kent, Sheldon Nahmod, Daphna Renan, PETER M. SHANE. (Attachments: # 1 Exhibit Brief of Law Professors as Amici Curiae in Support of Plaintiffs, # 2 Text of Proposed Order Proposed Order)(Gorod, Brianne) (Entered: 07/08/2021)

1 Exhibit Brief of Law Professors as Amici Curiae in Support of Plaintiffs

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2 Text of Proposed Order Proposed Order

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July 8, 2021 PACER
31

MOTION for Leave to File Brief of Amici Curiae In Support of Plaintiffs by Floyd Abrams, ERWIN CHEMERINSKY, MARTHA MINOW, LAURENCE H. TRIBE. (Attachments: # 1 Brief of Amici Curiae, # 2 Text of Proposed Order [Proposed] Order Granting Motion For Leave To File Brief of Amici Curiae)(Marais, Nicholas) (Entered: 07/08/2021)

1 Brief of Amici Curiae

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2 Text of Proposed Order [Proposed] Order Granting Motion For Leave To File Brief

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July 8, 2021 PACER
32

NOTICE of Appearance by Paul March Smith on behalf of Campaign Legal Center Action (Smith, Paul) (Entered: 07/08/2021)

July 8, 2021 RECAP
33

NOTICE of Appearance by Mark P. Gaber on behalf of Campaign Legal Center Action (Gaber, Mark) (Entered: 07/08/2021)

July 8, 2021 PACER
34

MOTION for Leave to File Amicus Brief by Campaign Legal Center Action. (Attachments: # 1 Proposed Order, # 2 Proposed Amicus Brief, # 3 Appendix A, # 4 Appendix B)(Smith, Paul) (Entered: 07/08/2021)

1 Proposed Order

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2 Proposed Amicus Brief

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3 Appendix A

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4 Appendix B

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July 8, 2021 PACER
35

NOTICE of Appearance by Adav Noti on behalf of Campaign Legal Center Action (Noti, Adav) (Entered: 07/08/2021)

July 8, 2021 PACER
36

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Hayden S. Johnson, Filing fee $ 100, receipt number ADCDC-8593354. Fee Status: Fee Paid. by CAMPAIGN LEGAL CENTER ACTION. (Attachments: # 1 Declaration)(Smith, Paul) (Entered: 07/12/2021)

1 Declaration

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July 12, 2021 RECAP

Order on Motion for Leave to Appear Pro Hac Vice

July 13, 2021 PACER

MINUTE ORDER granting 36 Motion for Leave to Appear Pro Hac Vice. Attorney Hayden S. Johnson is hereby admitted pro hac vice to appear in this matter. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Click for instructions. Signed by Judge Amit P. Mehta on 7/13/2021. (lcapm3)

July 13, 2021 PACER
37

Unopposed MOTION for Extension of Time to File Response/Reply as to 21 MOTION to Dismiss pursuant to Fed. R. Civ. P. 12(b)(6), 22 MOTION to Dismiss for lack of jurisdiction and failure to state a claim (Joint Motion with Defendant Trump) by RUDOLPH W. GIULIANI. (Attachments: # 1 Text of Proposed Order)(Sibley, Joseph) (Entered: 07/17/2021)

1 Text of Proposed Order

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July 17, 2021 RECAP

Order on Motion for Extension of Time to File Response/Reply

July 18, 2021 PACER

MINUTE ORDER granting in part and denying in part 37 Motion to to Set Briefing Schedule. Defendants may file their reply briefs up to and until August 16, 2021. Those reply briefs may also incorporate replies to amicus briefs. However, the replies shall not to exceed 35 pages in length. Signed by Judge Amit P. Mehta on 7/18/2021. (lcapm3)

July 18, 2021 PACER
38

REPLY to opposition to motion re 20 MOTION to Dismiss filed by OATH KEEPERS. (Morgan, Kerry) (Entered: 07/19/2021)

July 19, 2021 RECAP
39

NOTICE of Voluntary Dismissal re Bennie G. Thompson with Prejudice Pursuant to Fed. R. Civ. P. 41(a)(1)(i) (Sellers, Joseph) (Entered: 07/20/2021)

July 20, 2021 RECAP
40

MOTION for Leave to File an Amicus Curiae Brief in Support of the Plaintiffs by JARED HOLT. (Attachments: # 1 Proposed Amicus Curiae Brief, # 2 Text of Proposed Order)(Williams, Jonathan) (Entered: 07/28/2021)

1 Proposed Amicus Curiae Brief

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2 Text of Proposed Order

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July 28, 2021 PACER

MINUTE ORDER granting 30 Motion for Leave to File Amici Curiae Brief in Support of Plaintiffs. Signed by Judge Amit P. Mehta on 7/28/2021. (lcapm3)

July 28, 2021 PACER

Order on Motion for Leave to File

July 28, 2021 PACER

MINUTE ORDER granting 31 Motion for Leave to File Brief of Amici Curiae In Support of Plaintiffs. Signed by Judge Amit P. Mehta on 7/28/2021. (lcapm3)

July 28, 2021 PACER

MINUTE ORDER granting 34 Motion for Leave to File Amicus Brief by Campaign Legal Center Action. Signed by Amit P. Mehta on 7/28/2021. (lcapm3)

July 28, 2021 PACER
41

NOTICE of Appearance by Hayden Johnson on behalf of CAMPAIGN LEGAL CENTER ACTION (Johnson, Hayden) (Entered: 07/30/2021)

July 30, 2021 PACER
42

REPLY to opposition to motion re 21 MOTION to Dismiss pursuant to Fed. R. Civ. P. 12(b)(6) filed by RUDOLPH W. GIULIANI. (Sibley, Joseph) (Entered: 08/16/2021)

Aug. 16, 2021 RECAP
43

REPLY to opposition to motion re 22 MOTION to Dismiss for lack of jurisdiction and failure to state a claim filed by DONALD J. TRUMP. (Binnall, Jesse) (Entered: 08/16/2021)

Aug. 16, 2021 RECAP
44

AFFIDAVIT FOR DEFAULT on Enrique Tarrio by KAREN R. BASS, STEPHEN I COHEN, BONNIE WATSON COLEMAN, VERONICA ESCOBAR, PRAMILA JAYAPAL, HENRY C. JOHNSON, MARCIA KAPTUR, BARBARA J. LEE, JERROLD NADLER, MAXINE WATERS. (Attachments: # 1 Affidavit, # 2 Affidavit Military Affidavit, # 3 Certificate of Service)(Sellers, Joseph) Modified docket event/text on 9/22/2021 (eg). (Entered: 09/20/2021)

1 Affidavit

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2 Affidavit Military Affidavit

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3 Certificate of Service

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Sept. 20, 2021 RECAP
45

AFFIDAVIT FOR DEFAULT on Warboys LLC by KAREN R. BASS, STEPHEN I COHEN, BONNIE WATSON COLEMAN, PRAMILA JAYAPAL, HENRY C. JOHNSON, MARCIA KAPTUR, BARBARA J. LEE, JERROLD NADLER, MAXINE WATERS. (Attachments: # 1 Affidavit, # 2 Certificate of Service)(Sellers, Joseph) Modified docket event/text on 9/22/2021 (zeg). (Entered: 09/20/2021)

1 Affidavit

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2 Certificate of Service

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Sept. 20, 2021 RECAP
46

MILITARY AFFIDAVIT re 44 AFFIDAVIT FOR DEFAULT by KAREN R. BASS, STEPHEN I COHEN, BONNIE WATSON COLEMAN, VERONICA ESCOBAR, PRAMILA JAYAPAL, HENRY C. JOHNSON, MARCIA KAPTUR, BARBARA J. LEE, JERROLD NADLER, MAXINE WATERS. (eg) (Entered: 09/22/2021)

Sept. 20, 2021 RECAP
47

Clerk's ENTRY OF DEFAULT as to ENRIQUE TARRIO, WARBOYS LLC (eg) (Entered: 09/22/2021)

Sept. 22, 2021 RECAP

Order on Motion for Leave to File

Oct. 11, 2021 PACER

MINUTE ORDER granting Jared Holt's Motion for Leave to File an Amicus Curiae Brief in Support of the Plaintiffs. As no Defendant opposes the motion, Mr. Holt's Motion is granted. Signed by Judge Amit P. Mehta on 10/09/2021. (lcapm3)

Oct. 11, 2021 PACER
48

MOTION for Default Judgment as to Defendants Warboys LLC and Enrique Tarrio by KAREN R. BASS, STEPHEN I COHEN, BONNIE WATSON COLEMAN, VERONICA ESCOBAR, PRAMILA JAYAPAL, HENRY C. JOHNSON, MARCIA KAPTUR, BARBARA J. LEE, JERROLD NADLER, MAXINE WATERS. (Attachments: # 1 Text of Proposed Order)(Sellers, Joseph) (Entered: 10/29/2021)

1 Text of Proposed Order

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Oct. 29, 2021 RECAP

MINUTE ORDER granting in part Plaintiffs' 48 Motion for Default Judgment Against Defendants Warboys LLC and Enrique Tarrio. The Clerk of Court shall enter a default (not a default judgment) against Defendants Warboys LLC and Enrique Tarrio pursuant to Federal Rule of Civil Procedure 55(a). The court will defer entry of a default judgment, including any final determination as to an amount of damages, until a future date. Signed by Judge Amit P. Mehta on 11/01/2021. (lcapm3)

Nov. 1, 2021 PACER

Order on Motion for Default Judgment

Nov. 1, 2021 PACER
49

MOTION to Withdraw as Attorney by OATH KEEPERS. (Morgan, Kerry) (Entered: 11/11/2021)

Nov. 11, 2021 RECAP
50

NOTICE of Proposed Order by OATH KEEPERS re 49 MOTION to Withdraw as Attorney (Morgan, Kerry) (Entered: 11/11/2021)

Nov. 11, 2021 RECAP

Order on Motion to Withdraw as Attorney

Nov. 19, 2021 PACER

MINUTE ORDER granting 49 Motion to Withdraw as Counsel for Oath Keepers, Only. Having heard no objection from Defendant Oath Keepers as to counsels Motion to Withdraw, that motion is granted and Pentiuk, Couvreur & Kobiljak, P.C. and Kerry L. Morgan are hereby withdrawn as counsel of record. Signed by Judge Amit P. Mehta on 11/19/2021. (lcapm3)

Nov. 19, 2021 PACER

Notice of Hearing

Dec. 16, 2021 PACER

NOTICE of Hearing: Oral Argument set for 1/10/2022 at 1:00 PM in Courtroom 10 before Judge Amit P. Mehta. Members of the public or media may also access this hearing by dialing the court's toll-free public access line: (877) 848-7030, access code 321-8747.(zjd)

Dec. 16, 2021 PACER
51

NOTICE of Appearance by John Daniel Hull, IV on behalf of ENRIQUE TARRIO (Hull, John) (Entered: 12/20/2021)

Dec. 20, 2021 PACER

Notice of Hearing

Jan. 4, 2022 PACER

NOTICE of Hearing: The Oral Argument set for 1/10/2022 at 1:00 PM before Judge Amit P. Mehta will proceed via videoconference. The courtroom deputy will circulate connection information to counsel. Members of the public or media may access this hearing by dialing the court's toll-free public access line: (877) 848-7030, access code 321-8747. (zjd)

Jan. 4, 2022 PACER
52

ORDER establishing schedule for the oral argument for pending motions to dismiss on January 10, 2022. The time designations noted within are collective across all three cases (to the extent applicable), not per party per case. The court encourages each side, where appropriate, to designate a lead counsel on a particular topic. Please see attached Order for further details. Signed by Judge Amit P. Mehta on 01/05/2022. (lcapm3) (Main Document 52 replaced on 1/6/2022) (zjd). (Entered: 01/05/2022)

Jan. 5, 2022 RECAP
53

NOTICE of Appearance by Jonathon Alden Moseley on behalf of OATH KEEPERS (Moseley, Jonathon) (Entered: 01/08/2022)

Jan. 8, 2022 RECAP
54

MOTION to Clarify re 52 Order, Defendant Oath Keepers Motion To Clarify Or Modify Order On Scheduled Argument For Motions To Dismiss filed by OATH KEEPERS. (Moseley, Jonathon) Modified on 1/12/2022 (zeg). (Entered: 01/08/2022)

Jan. 8, 2022 RECAP
55

MOTION to Set Aside Default by ENRIQUE TARRIO. (Hull, John) (Entered: 01/09/2022)

Jan. 9, 2022 RECAP

Motion Hearing

Jan. 10, 2022 PACER

Minute Entry for proceedings held before Judge Amit P. Mehta: Oral Argument held via videoconference on 1/10/2022. Arguments heard and taken under advisement. (Court Reporter: William Zaremba) (zjd)

Jan. 10, 2022 PACER

MINUTE ORDER. Plaintiffs shall advise the court by January 14, 2022, whether they oppose Defendant Henry Tarrio's Motion to Set Aside Entry of Default, ECF No. 55 . Signed by Judge Amit P. Mehta on 1/11/2022. (lcapm3)

Jan. 11, 2022 PACER

Order

Jan. 11, 2022 PACER
56

SUPPLEMENTAL MEMORANDUM to re 20 MOTION to Dismiss demanding filing of complete documents embodying conversations and speech relied upon by the Amended Complaint to attempt to show a conspiracy that might include the OATH KEEPERS pursuant to FedREvidence 106 and McCarthy v. Dun & Bradstreet Corp., 482 F.3d 184 (2nd Cir. 2007) filed by OATH KEEPERS. (Attachments: # 1 Supplement Supplemental Exhibit of Documents (message posts and speech transcript) relied upon in the Amended Complaint to allege a conspiracy, # 2 Exhibit Transcript of Donald Trump's January 6, 2021, speech proving that there was no conspiracy offered, proposed, suggested or entered into involving the Oath Keepers)(Moseley, Jonathon) (Entered: 01/11/2022)

1 Supplement Supplemental Exhibit of Documents (message posts and speech transcrip

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2 Exhibit Transcript of Donald Trump's January 6, 2021, speech proving that t

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Jan. 11, 2022 RECAP

.Order

Jan. 11, 2022 PACER
57

SUPPLEMENTAL MEMORANDUM to re 20 MOTION to Dismiss demanding filing of complete documents embodying conversations and speech relied upon by the Amended Complaint to attempt to show a conspiracy that might include the OATH KEEPERS pursuant to FedREvidence 106 and McCarthy v. Dun & Bradstreet Corp., 482 F.3d 184 (2nd Cir. 2007) -- AMENDED filed by OATH KEEPERS. (Attachments: # 1 Supplement xhibit of Documents (message posts and speech transcript) relied upon in the Amended Complaint to allege a conspiracy,, # 2 Exhibit Transcript of Donald Trump's January 6, 2021, speech proving that there was no conspiracy offered, proposed, suggested or entered into involving the Oath Keepers)(Moseley, Jonathon) (Entered: 01/12/2022)

1 Supplement xhibit of Documents (message posts and speech transcript) relied upon

View on PACER

2 Exhibit Transcript of Donald Trump's January 6, 2021, speech proving that t

View on PACER

Jan. 12, 2022 RECAP
58

RESPONSE re 55 MOTION to Set Aside Default filed by ALL Plaintiffs. (Sellers, Joseph) (Entered: 01/14/2022)

Jan. 14, 2022 RECAP
59

NOTICE OF SUPPLEMENTAL AUTHORITY by ALL Plaintiffs (Sellers, Joseph) (Entered: 01/14/2022)

Jan. 14, 2022 RECAP

MINUTE ORDER granting Defendant Henry Tarrio's Motion to Set Aside Entry of Default. The clerk's entry of default against Defendant Tarrio, ECF No. 47, is hereby vacated. Defendant Tarrio shall advise the court by January 25, 2022, whether he intends to join the pending motions to dismiss or otherwise supplement them in any way. The parties shall propose a schedule for further proceedings as to Defendant Tarrio by Joint Status Report filed by January 25, 2022. Signed by Judge Amit P. Mehta on 01/18/2022. (lcapm3)

Jan. 18, 2022 PACER

Order on Motion to Set Aside Default

Jan. 18, 2022 PACER
60

NOTICE of Appearance by Anna Kathryn Barnes on behalf of All Plaintiffs (Barnes, Anna) (Entered: 01/18/2022)

Jan. 18, 2022 RECAP
61

LEAVE TO FILE DENIED- Request This document is unavailable as the Court denied its filing. "Leave to file is denied. The court does not have an "audio form" of the January 10th hearing. A written transcript may be ordered from the court reporter". Signed by Judge Amit P. Mehta on 1/24/2022. (zeg) (Entered: 01/24/2022)

Jan. 24, 2022 PACER
62

LEAVE TO FILE DENIED- Request This document is unavailable as the Court denied its filing. "Leave to file is denied. The court does not have an "audio form" of the January 10th hearing. A written transcript may be ordered from the court reporter". Signed by Judge Amit P. Mehta on 1/24/2022. (zeg) (Entered: 01/24/2022)

Jan. 24, 2022 PACER
63

TRANSCRIPT OF ORAL ARGUMENT VIA ZOOM PROCEEDINGS before Judge Amit P. Mehta held on January 10, 2022; Page Numbers: 1-236. Date of Issuance: January 25, 2022. Court Reporter/Transcriber: William Zaremba; Telephone number: (202) 354-3249. Transcripts may be ordered by submitting the Transcript Order FormFor the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased f rom the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, PDF or ASCII) may be purchased from the court reporter.NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 2/15/2022. Redacted Transcript Deadline set for 2/25/2022. Release of Transcript Restriction set for 4/25/2022.(wz) (Entered: 01/25/2022)

Jan. 25, 2022 PACER
64

NOTICE OF INTENTION TO JOIN PENDING MOTIONS TO DISMISS by ENRIQUE TARRIO re 21 MOTION to Dismiss pursuant to Fed. R. Civ. P. 12(b)(6), 22 MOTION to Dismiss for lack of jurisdiction and failure to state a claim (Hull, John) (Entered: 01/25/2022)

Jan. 25, 2022 PACER

MINUTE ORDER. The court treats Defendant Enrique Tarrio as having joined in the motions filed at ECF Nos. 21 and 22, insofar as they are applicable to him. Signed by Judge Amit P. Mehta on 01/26/2022. (lcapm3)

Jan. 26, 2022 PACER

State / Territory: District of Columbia

Case Type(s):

Election/Voting Rights

Key Dates

Filing Date: Feb. 16, 2021

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

A U.S. Representative who was present at the Capitol to approve the results of the Electoral College during the insurrection on January 6, 2021.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Donald Trump, Private Entity/Person

Oath Keepers, Non-profit or advocacy

Proud Boys International, LLC, Non-profit or advocacy

Case Details

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

General:

Voting

Voting access

Voting:

Election administration