Case: Lenhardt v. Democratic Party HQ

Lenhardt v. Democratic National Committee of Democratic National Party HQ

Complaint (attorney)

Civil Cover Sheet

COMPLAINT (No Summons Issued) with trial location of Topeka, filed by Ursula Lenhardt. (Attachments: # 1 Exhibit A - text messages) (jsh) (Entered: 01/20/2021)

1 Exhibit A - text messages

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CIVIL COVER SHEET re 1 Complaint by Plaintiff Ursula Lenhardt. (jsh) (Entered: 01/20/2021)

MOTION for Leave to Proceed in forma pauperis by Plaintiff Ursula Lenhardt. NOTE - Access to document is restricted pursuant to the courts privacy policy. (referred to Magistrate Judge Angel D. Mitchell) (Attachments: # 1 Affidavit) (jsh) (Entered: 01/20/2021)

MOTION to Supplement re 1 Complaint by Plaintiff Ursula Lenhardt. (referred to Magistrate Judge Angel D. Mitchell) (jal) Modified on 2/18/2021 to correct filing date (jal). (Additional attachment(s) added on 2/25/2021: # 1 Scanned copy bearing original signatures) (jal). (Entered: 02/17/2021)

ORDER GRANTING MOTION FOR LEAVE TO PROCEED IN FORMA PAUPERIS AND REPORT AND RECOMMENDATIONS re 1 Complaint filed by Ursula Lenhardt. Objections to R&R due by 3/11/2021. Signed by Magistrate Judge Angel D. Mitchell on 2/25/2021. Mailed to pro se party Ursula Lenhardt by regular mail and by certified mail; Certified Tracking Number: 7010 2780 0003 1928 1762. (jal) (Entered: 02/25/2021)

ORDER granting 3 Motion for Leave to Proceed in forma pauperis; granting 4 Motion to Supplement. Signed by Magistrate Judge Angel D. Mitchell on 2/25/2021. Mailed to pro se party Ursula Lenhardt by regular mail and certified mail; Certified Tracking Number: 7010 2780 0003 1928 1762. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry. See Docket Entry 5 ORDER GRANTING MOTION FOR LEAVE TO PROCEED IN FORMA PAUPERIS AND REPORT AND RECOMMENDATIONS for a copy of the order.) (jal) (Entered: 02/25/2021)

Order on Motion to Supplement AND Order on Motion for Leave to Proceed In Forma Pauperis

MOTION for Extension of Time to File Response as to 5 REPORT AND RECOMMENDATIONS by Plaintiff Ursula Lenhardt. (jal) (Additional attachment(s) added on 3/8/2021: # 1 Document Copy with Physical Signature) (jal). (Entered: 03/04/2021)

CERTIFIED MAIL RECEIPT returned re 5 REPORT AND RECOMMENDATIONS, 6 Order addressed to Plaintiff Ursula Lenhardt. (jal) (Entered: 03/05/2021)

MEMORANDUM AND ORDER granting 7 Motion for Extension of Time to File Response re 5 REPORT AND RECOMMENDATIONS filed by Ursula Lenhardt. Response deadline 3/29/2021. Signed by District Judge Daniel D. Crabtree on 3/11/2021. Mailed to pro se party Ursula Lenhardt by regular mail and certified mail; Certified Tracking Number: 7010 2780 1928 1083. (jal) (Entered: 03/11/2021)

OBJECTION to 5 Report and Recommendations by Plaintiff Ursula Lenhardt. (jal) (Additional attachment(s) added on 4/1/2021: # 1 Copy of Objections with original signature and envelope) (jal). (Entered: 03/29/2021)

AMENDED COMPLAINT filed against All Defendants, by Ursula Lenhardt. (jal) (Additional attachment(s) added on 4/1/2021: # 1 Copy of Amended Complaint with original signature and envelope) (jal). (Entered: 03/29/2021)

1 Copy of Amended Complaint with original signature and envelope

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MOTION for Default Judgment by Plaintiff Ursula Lenhardt. (jal) (Additional attachment(s) added on 6/14/2021: # 1 Signed Pleading Received 6.14.2021 with envelope) (jal). (Entered: 06/09/2021)

MEMORANDUM AND ORDER ENTERED: Judge Mitchell's Report and Recommendation (Doc. 5 ) and plaintiff's Objection (Doc. 10 ) to that Report and Recommendation are moot in light of the filing of plaintiff's Amended Complaint. Plaintiff's Amended Complaint (Doc. 11 ) is dismissed in part. Plaintiff's TCPA claims against defendants Joe Biden, Kamala Harris, Barack Obama, Hillary Clinton, and Elizabeth Warren are dismissed without prejudice for lack of standing. Plaintiff's TCPA claims asserted against defendant Democratic National Committee state a plausible claim under Fed. R. Civ. P. 12(b)(6) and thus plaintiff may proceed with these claims. Plaintiff's Motion for Default Judgment (Doc. 12 ) is denied. The case is referred to Judge Mitchell for further proceedings, including issuing appropriate orders directing the issuance of summons and service on defendant Democratic National Committee. Signed by District Judge Daniel D. Crabtree on 7/16/2021. Mailed to pro se party Ursula Lenhardt by regular mail. (jal) (Entered: 07/16/2021)

ORDER Regarding Service. The court directs the clerk's office to correct the remaining named defendant on the docket from "Democratic Party HQ" to "Democratic National Committee." In accordance with the district judge's order (ECF 13), the court further directs the clerk's office to issue a summons for defendant Democratic National Committee. Service of the summons and the amended complaint (ECF 11) shall be attempted by a United States marshal or a deputy marshal, both of whom are appointed for such purpose pursuant to Fed. R. Civ. P. 4(c)(3), at the address provided by plaintiff on page 13 of the amended complaint. Signed by Magistrate Judge Angel D. Mitchell on 7/16/21. Mailed to pro se party Ursula Lenhardt by regular mail. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (ks) (Entered: 07/16/2021)

SUMMONS ISSUED as to Democratic National Committee (issued to US Marshal for service). (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry) (jsh)

Order

Summons Issued

MOTION for Order for Clerk to Enter Default Judgment by Plaintiff Ursula Lenhardt. (jal) (Entered: 07/28/2021)

RESPONSE (titled Objections to Memorandum and Order) by Plaintiff Ursula Lenhardt re 13 Memorandum and Order. (jal) (Additional attachment(s) added on 7/28/2021: # 1 Objections with physical signature, exhibits, and envelope received 7.28.2021) (jal). (Entered: 07/28/2021)

MOTION REFERRAL to Magistrate Judge REMOVED as to: 16 MOTION for Order for Clerk to Enter Default Judgment. The motion will be resolved by the District Judge. (ks)

Motions No Longer Referred

SUMMONS RETURNED EXECUTED -- Certified Mail (USM-285) upon Democratic National Committee served on 7/29/2021 by Ursula Lenhardt. Answer due 8/19/2021. Mailed to pro se party Ursula Lenhardt by regular mail. (jsh) (Entered: 08/09/2021)

MOTION for Entry of Default by Plaintiff Ursula Lenhardt. (jal) Modified on 9/16/2021 to update motion type per chambers (jal). (Entered: 08/24/2021)

MOTION REFERRAL to Magistrate Judge REMOVED as to: 18 MOTION for Order for Clerk to Enter Default Judgment by Plaintiff Ursula Lenhardt. The motion will be resolved by the District Judge.(ht)

Motions No Longer Referred

AFFIDAVIT of Ursula Lenhardt re 18 MOTION or Request for Entering Default by Plaintiff Ursula Lenhardt. (jsh) (Entered: 09/15/2021)

DOCKET ANNOTATION: Plaintiff Ursula Lenhardt is a registered pro se participant with E-filing & ECF Notifications. (gw)

Docket Annotation

MEMORANDUM AND ORDER: Plaintiff's 18 Motion for Entry of Default is granted. The court directs the Clerk of Court to prepare an Entry of Default against defendant. IT IS FURTHER ORDERED BY THE COURT THAT plaintiff's 16 Motion for Order for Clerk to Enter Default Judgment is denied as untimely. Signed by District Judge Daniel D. Crabtree on 9/20/2021. (jsh) (Entered: 09/20/2021)

CLERKS ENTRY OF DEFAULT: The Clerk of the Court hereby enters default against defendant Democratic National Committee. (jsh) (Entered: 09/20/2021)

MOTION for Default Judgment by Plaintiff Ursula Lenhardt (Attachments: # 1 Attachment 1, # 2 Attachment 2, # 3 Attachment 3) (jsh) (Entered: 10/28/2021)

1 Attachment 1

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2 Attachment 2

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3 Attachment 3

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PROOF OF SERVICE of plaintiff's motion for default judgment upon defendants by Ursula Lenhardt, I. (Attachment: # 1 Mailing Envelope)(msb) (Entered: 12/27/2021)

MEMORANDUM AND ORDER granting in part and denying in part 22 Motion for Default Judgment. Signed by District Judge Daniel D. Crabtree on 01/12/2022. (jal) (Entered: 01/12/2022)

JUDGMENT ENTERED: Consistent with the Memorandum and Order (Doc. 24 ) filed on January 12, 2022, plaintiff's Motion for Default Judgment (Doc. 22 ) is granted in part and denied in part. The court directs the Clerk of the Court to enter Default Judgment against defendant Democratic National Committee in the amount of $60,000, plus post-judgment interest. Also, plaintiff may apply to receive costs by complying with the procedure for filing a bill of costs under D. Kan. Rule 54.1. Signed by deputy clerk on 1/12/2022. (jal) (Entered: 01/12/2022)

BILL OF COSTS by Ursula Lenhardt, I. (Attachments: # 1 Exhibits A & B, # 2 Envelope) (jal) (Entered: 01/24/2022)

1 Exhibits A & B

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2 Envelope

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COSTS TAXED re Bill of Costs 26 : $8,580.90 is disallowed as claimed costs are not specifically allowable under 28 USC 1920 and supporting documentation was not provided. (jh) (Entered: 03/22/2022)

Costs Taxed

MOTION to Conduct Hearing in Aid of Execution by Plaintiff Ursula Lenhardt, I. (mam) (Entered: 04/13/2022)

SUPPLEMENT to 28 Motion to Conduct Hearing in Aid of Execution by Plaintiff Ursula Lenhardt, I. (mam) (Entered: 04/13/2022)

MOTION REFERRAL to Magistrate Judge REMOVED as to: 28 MOTION to Conduct Hearing in Aid of Execution. The motion will be resolved by the District Judge.(ht)

Motions No Longer Referred

(Amended) MOTION for Hearing in Aid of Execution by Plaintiff Ursula Lenhardt, I. (heo) Modified on 4/22/2022 to remove referral information (sz). (Additional attachment(s) added on 4/25/2022: # 1 MOTION for Hearing in Aid of Execution- original signature and envelope, received 4/25/2022) (jal). (Entered: 04/22/2022)

SUBMISSION OF PROOF OF SERVICE AND EVIDENCES by Ursula Lenhardt, I. (mam) (Entered: 04/25/2022)

MOTION REFERRAL to Magistrate Judge REMOVED as to: 30 MOTION for Hearing in Aid of Execution. The motion will be resolved by the District Judge.(ht)

Motions No Longer Referred

ORDER denying 28 Plaintiff's Motion for Hearing in Aid of Execution. Due to the filing of 30 Plaintiff's Amended Motion for Hearing in Aid of Execution, Plaintiff's original 28 Motion for Hearing in Aid of Execution is denied as moot. Signed by Magistrate Judge Angel D. Mitchell on 4/27/2022. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (ht) (Entered: 04/27/2022)

EXHIBITS A-E IN SUPPORT of 31 Submission of Proof of Service and Evidences by Plaintiff Ursula Lenhardt, I. (mam) (Additional attachment(s) added on 5/2/2022: # 1 Original document with cover letter, original signature, and envelope; received 5/2/2022) (jsh). (Entered: 04/28/2022)

Order on Motion for Hearing

SUPPLEMENT to 30 MOTION for Hearing, 33 Exhibits, by Plaintiff Ursula Lenhardt, I. (heo) (Additional attachment(s) added on 5/17/2022: # 1 Original document with original signature and envelope, received 5/17/2022) (jal). (Entered: 05/11/2022)

ORDER granting in part and denying in part 30 Motion for Hearing. The motion is granted to the extent that the court orders defendant and judgment debtor Democratic National Committee to appear before United States Magistrate Judge Angel D. Mitchell on August 3, 2022 at 9:00 a.m. in Courtroom 223 of the Robert J. Dole United States Courthouse, 500 State Avenue, Kansas City, Kansas 66101, to answer questions concerning the judgment debtor's assets and provide information regarding the value and quality of its assets. The motion is denied to the extent it seeks any other form of relief. Signed by Magistrate Judge Angel D. Mitchell on 6/30/2022. Mailed to pro se party Democratic National Committee by regular mail and certified mail. (bal) (Entered: 06/30/2022)

In Court Hearing set for 8/3/2022 at 09:00 AM in KC Courtroom 223 (ADM) before Magistrate Judge Angel D. Mitchell per 35 . (mam)

Set/Reset Hearings - Public

ENTRY OF APPEARANCE by Jason Andrew Zavadil on behalf of Democratic National Committee. (Zavadil, Jason) (Entered: 08/02/2022)

ORDER CONTINUING HEARING. It appears that the hearing in aid of execution of judgment, which is currently scheduled for August 3, 2022 (see ECF 35 ), may be unnecessary because defendant Democratic National Committee has informed the undersigned judge's chambers by email that it intends to pay the judgment in full within five days. Accordingly, the court sua sponte continues that hearing until 10:00 a.m. on August 17, 2022, in Courtroom 223. If notice that judgment has been paid is filed sufficiently in advance of that hearing date, the court likely will cancel the hearing. Signed by Magistrate Judge Angel D. Mitchell on 8/2/2022. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)(amh) (Entered: 08/02/2022)

Order

MINUTE ENTRY for proceedings held before Magistrate Judge Angel D. Mitchell: HEARING IN AID OF EXECUTION on 8/17/2022. Plaintiff Ursula Lenhardt did not appear for the hearing. Defendant Democratic National Committee appeared through Jason Zavadil. For the reasons stated on the record the court cancels the Hearing in Aid of Execution. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (ht) (Entered: 08/17/2022)

Hearing In Aid of Execution