Case: Mooneyhan v. Husted

3:12-cv-00379 | U.S. District Court for the Southern District of Ohio

Filed Date: Nov. 6, 2012

Clearinghouse coding in progress

Case Summary

None

Summary Authors

LFAA (7/19/2022)

NDRN (8/11/2022)

Documents in the Clearinghouse

Document
1

3:12-cv-00379

Complaint and Request for Temporary Restraining Order

Nov. 6, 2012

Nov. 6, 2012

Complaint
2

3:12-cv-00379

Motion for Temporary Restraining Order

Nov. 6, 2012

Nov. 6, 2012

Pleading / Motion / Brief
12

3:12-cv-00379

Decision and Entry Sustaining Plaintiff's Motion for a Temporary Restraining Order; Directive to Plaintiff and Defendant Betty J. Martin, Director, Darke County Board of Elections

2012 WL 5834232

Nov. 16, 2012

Nov. 16, 2012

Order/Opinion
17

3:12-cv-00379

Stipulation to Relief Requested by Plaintiff; Stipulation to Plaintiff Qualifying as Prevailing Party under Fee Shifting Statute

Dec. 20, 2012

Dec. 20, 2012

Pleading / Motion / Brief
22

3:12-cv-00379

Decision and Entry Sustaining Plaintiff's Motion for Attorney's Fees and Costs

2013 WL 1326506

March 29, 2013

March 29, 2013

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5117649/mooneyhan-v-husted/

Last updated Aug. 11, 2022, 3:19 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Darke County Board of Elections, Jon Husted ( Filing fee $ 350 paid - receipt number: 0648-3863400), filed by Amanda Mooneyhan. [ELECTION ISSUE(S) CITED] (Attachments: # 1 Civil Cover Sheet) (Truitt, Kevin) (Entered: 11/06/2012)

1 Civil Cover Sheet

View on PACER

Nov. 6, 2012

Nov. 6, 2012

Clearinghouse
2

MOTION for Tempory Restraining Order by Plaintiff Amanda Mooneyhan. (Attachments: # 1 Declaration) (Truitt, Kevin) Modified on 11/6/2012 to edit text to reflect what attorney filed(sc1). (Entered: 11/06/2012)

1 Declaration

View on RECAP

Nov. 6, 2012

Nov. 6, 2012

Clearinghouse

Minute Entry for proceedings held before Judge Walter H Rice: Telephone Conference held on 11/6/2012. Attorneys Kevin Truitt, Kerstin Sjoberg-Witt, Besty Schuster and Rich Coglianese present. ( Telephone Conference Call set for 11/7/2012 at 02:00 PM before Judge Walter H Rice.). (Court Reporter: None Present.) (sc1)

Nov. 6, 2012

Nov. 6, 2012

PACER
3

NOTICE of Appearance by Richard Nicholas Coglianese for Defendant Jon Husted (Coglianese, Richard) (Entered: 11/07/2012)

Nov. 7, 2012

Nov. 7, 2012

PACER
4

MOTION for Leave to Appear Pro Hac Vice of Ryan L. Richardson (Filing fee $ 200, receipt number Fee Waived) by Defendant Jon Husted. (Coglianese, Richard) (Entered: 11/07/2012)

Nov. 7, 2012

Nov. 7, 2012

PACER
5

NOTICE of Appearance by Damian W Sikora for Defendant Jon Husted (Sikora, Damian) (Entered: 11/07/2012)

Nov. 7, 2012

Nov. 7, 2012

PACER
6

RESPONSE in Opposition re 2 MOTION for Temporary Restraining Order filed by Defendant Jon Husted. (Coglianese, Richard) (Entered: 11/07/2012)

Nov. 7, 2012

Nov. 7, 2012

PACER

NOTATION ORDER sustaining 4 Motion for Leave to Appear Pro Hac Vice of Ryan L. Richardson. Signed by Judge Walter H Rice on 11/9/2012. (jdf1)

Nov. 9, 2012

Nov. 9, 2012

PACER
7

REPLY to Response to Motion re 2 MOTION for Temporary Restraining Order filed by Plaintiff Amanda Mooneyhan. (Attachments: # 1 Affidavit Second Declaration of Plaintiff, # 2 Affidavit Declaration of Ms. Hitt, # 3 Affidavit Declaration of KSW) (Truitt, Kevin) (Entered: 11/12/2012)

Nov. 12, 2012

Nov. 12, 2012

PACER
8

ENTRY JOURNALIZING RESULTS OF TELEPHONE CONFERENCE CALL OF NOVEMBER 7, 2012; FURTHER PROCEDURES ORDERED OF COUNSEL; DIRECTIVE TO DIRECTOR OF THE DARKE COUNTY, OHIO, BOARD OF ELECTIONS - The Court will receive a memorandum in support ofPlaintiffs position not later than noon on Tuesday, November 13, 2012, and will file a written decision not later than the close of business on Friday, November 16, 2012. Signed by Judge Walter H Rice on 11/09/2012. (kf) (Entered: 11/13/2012)

Nov. 13, 2012

Nov. 13, 2012

PACER
10

ANSWER to 1 Complaint filed by Jon Husted. (Coglianese, Richard) (Entered: 11/14/2012)

Nov. 14, 2012

Nov. 14, 2012

PACER
11

NOTICE by Defendant Jon Husted of Supplemental Authority (Attachments: # 1 Exhibit NEOCH v. Husted (Sixth Circuit 12-4534) Opinion granting stay) (Coglianese, Richard) (Entered: 11/16/2012)

Nov. 16, 2012

Nov. 16, 2012

PACER
12

DECISION AND ENTRY SUSTAINING PLAINTIFF'S MOTION FOR A TEMPORARY RESTRAINING ORDER (DOC. 2 ); DIRECTIVE TO PLAINTIFF AND TO DEFENDANT BETTY J. MARTIN, DIRECTOR, DARKE COUNTY BOARD OF ELECTIONS. Signed by Judge Walter H Rice on 11/16/2012. (jdf1) (Entered: 11/16/2012)

Nov. 16, 2012

Nov. 16, 2012

Clearinghouse
13

MOTION for Permanent Injunction and Notice of Intent to Seek Attorneys' Fees by Plaintiff Amanda Mooneyhan. Responses due by 12/20/2012 (Truitt, Kevin) (Entered: 11/26/2012)

Nov. 26, 2012

Nov. 26, 2012

PACER

Notice of Correction re: 9 Notice (Other)...Please note that Affidavits can not stand alone on the docket, they must be in support of a document. Counsel Notified... (pb1)

Nov. 30, 2012

Nov. 30, 2012

PACER
14

(DELETED 12/5/12) NOTICE of Appearance by Margaret Bertram Hayes for Defendants Darke County Board of Elections, Jon Husted, Plaintiff Amanda Mooneyhan (Hayes, Margaret) Modified on 12/5/2012 to delete. Attorney to re-submit with correct attachment (sc1). (Entered: 12/05/2012)

Dec. 5, 2012

Dec. 5, 2012

PACER
15

NOTICE of Appearance by Margaret Bertram Hayes for Defendant Darke County Board of Elections (Hayes, Margaret) Modified on 12/5/2012 (sc1). (Entered: 12/05/2012)

Dec. 5, 2012

Dec. 5, 2012

PACER
16

AFFIDAVIT Of Becky J.A. Martin pursuant to court order of 11/16/2012. by Defendant Darke County Board of Elections. (Hayes, Margaret) Modified on 12/5/2012 to edit text (sc1). Modified on 12/6/2012 to correct text(jdf1). (Entered: 12/05/2012)

Dec. 5, 2012

Dec. 5, 2012

PACER
17

STIPULATION by Defendant Jon Husted, Plaintiff Amanda Mooneyhan. (Coglianese, Richard) (Entered: 12/20/2012)

Dec. 20, 2012

Dec. 20, 2012

Clearinghouse
18

NOTICE by Defendant Jon Husted of Attorney Micahel J. Schuler's Notice of Withdrawal as Counsel of Record (Schuler, Michael) (Entered: 12/20/2012)

Dec. 20, 2012

Dec. 20, 2012

PACER
19

MOTION for Attorney Fees by Plaintiff Amanda Mooneyhan. (Attachments: # 1 Exhibit 1 - Declaration KSW, # 2 Exhibit 2 - Declaration KJT, # 3 Exhibit 3 - Declaration AM, # 4 Exhibit 4 - Declaration LAO, # 5 Exhibit 5 - Declaration LEB, # 6 Exhibit 6 - Declaration MDC, # 7 Exhibit 7 - Itemization of Fees, # 8 Exhibit 8 - Declaration in Support JSM) (Truitt, Kevin) (Entered: 01/11/2013)

Jan. 11, 2013

Jan. 11, 2013

PACER
20

RESPONSE in Opposition re 19 MOTION for Attorney Fees filed by Defendant Jon Husted. (Attachments: # 1 Exhibit Clerical/Admin, # 2 Exhibit Vague Entries, # 3 Exhibit Reply Brief, # 4 Exhibit Basic Legal Tasks, # 5 Exhibit Unnecessary Appeal, # 6 Exhibit Correspondence Discussion Coordination, # 7 Exhibit Review of Judge Decision, # 8 Exhibit Supplemental Authority, # 9 Exhibit Fees on Fees) (Coglianese, Richard) (Entered: 02/01/2013)

Feb. 1, 2013

Feb. 1, 2013

PACER
21

REPLY to Response to Motion re 19 MOTION for Attorney Fees filed by Plaintiff Amanda Mooneyhan. (Attachments: # 1 Exhibit Revised Fees) (Truitt, Kevin) (Entered: 02/14/2013)

Feb. 14, 2013

Feb. 14, 2013

PACER
22

DECISION AND ENTRY SUSTAINING PLAINTIFF'S MOTION FOR ATTORNEYS' FEES AND COSTS (DOC. 19 ); AWARDING PLAINTIFF $23,237.50 IN ATTORNEYS' FEES AND COSTS; PLAINTIFF TO FILE SUPPLEMENTAL FEE REQUEST WITHIN TEN DAYS. Signed by Judge Walter H Rice on 3/29/2013. (kf) (Entered: 03/29/2013)

March 29, 2013

March 29, 2013

Clearinghouse
23

Supplemental Memorandum Supporting re 22 Order on Motion for Attorney Fees, Supplemental Fee Request by Plaintiff Amanda Mooneyhan. (Attachments: # 1 Exhibit 1 - Billing Records, # 2 Exhibit 2 - Declaration) (Truitt, Kevin) (Entered: 04/08/2013)

April 8, 2013

April 8, 2013

PACER
24

DECISION AND ENTRY SUSTAINING PLAINTIFF'S SUPPLEMENTAL FEE REQUEST (DOC. 23 ); AWARDING $6,673.00 IN ADDITIONAL ATTORNEYS' FEES; JUDGMENT TO ENTER IN FAVOR OF PLAINTIFF AND AGAINST DEFENDANTS; TERMINATION ENTRY re 23 Supplemental - Supporting (non motion) filed by Amanda Mooneyhan. Signed by Judge Walter H Rice on 6/11/2013. (kf) (Entered: 06/11/2013)

June 11, 2013

June 11, 2013

PACER
25

JUDGMENT with Notice of Disposal Attached in favor of Amanda Mooneyhan against Darke County Board of Elections, Jon Husted, regarding attorney fees. Signed by Judge Walter H Rice on 6/11/2013. (kf) (Entered: 06/11/2013)

June 11, 2013

June 11, 2013

Clearinghouse

Case Details

State / Territory: Ohio

Case Type(s):

Election/Voting Rights

Disability Rights

Key Dates

Filing Date: Nov. 6, 2012

Case Ongoing: No reason to think so

Plaintiffs

Plaintiff Description:

An individual with a psychiatric disability who was hospitalized shortly before the November 6, 2012 election and denied reasonable accommodations that would have allowed her to vote by absentee ballot.

Plaintiff Type(s):

Non-profit NON-religious organization

Private Plaintiff

Attorney Organizations:

NDRN/Protection & Advocacy Organizations

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Darke County Board of Elections (Darke), County

Ohio Secretary of State (Columbus), None

Case Details

Causes of Action:

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

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

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Attorneys fees

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Amount Defendant Pays: $29,910.50

Order Duration: 2012 - 2012

Content of Injunction:

Preliminary relief granted

Preliminary relief request withdrawn/mooted

Reasonable Accommodation

Issues

General:

Access to public accommodations - governmental

Reasonable Accommodations

Reasonable Modifications

Voting

Voting access

Discrimination-basis:

Disability (inc. reasonable accommodations)

Disability:

Mental impairment

Voting:

Vote decision rules

Voter qualifications

Voter registration rules