Case: Lenhardt v. Democratic Party HQ

5:21-cv-04001 | U.S. District Court for the District of Kansas

Filed Date: Jan. 19, 2021

Case Ongoing

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Case Summary

This case involved allegations that certain individual politicians and the Democratic National Committee violated federal election campaign and consumer protection laws by sending campaign-related automated text messages to the plaintiff. On January 19, 2021, a pro se plaintiff filed this lawsuit in the United States District Court for the District of Kansas. The plaintiff named as defendants certain individual politicians and “Democratic Party HQ” (later corrected on the docket as “Democratic …

On January 19, 2021, a pro se plaintiff filed this lawsuit in the United States District Court for the District of Kansas. The plaintiff named as defendants certain individual politicians and “Democratic Party HQ” (later corrected on the docket as “Democratic National Committee”). The plaintiff’s original complaint sought damages under 52 U.S.C. § 30121, a provision of the Federal Election Campaign Act (FECA), and under 47 U.S.C. § 227, the Telephone Consumer Protection Act (TCPA). As alleged, the defendants contacted the plaintiff repeatedly over the course of a year by sending her automated text messages asking her to vote for, contribute to, and volunteer with the Democratic Party. The plaintiff claimed that these requests violated the law because she was not a United States citizen.

Along with her complaint, the plaintiff filed a motion for leave to proceed in forma pauperis. The motion was referred to Magistrate Judge Angel D. Mitchell who, on February 25, 2021, granted the motion. 2021 WL 3024014. In so doing, Magistrate Judge Mitchell exercised the court’s discretion to screen the complaint of a plaintiff proceeding in forma pauperis and recommended that the court dismiss the plaintiff's claims under the FECA for failure to exhaust her administrative remedies, since the statute required that she first file her complaint with the Federal Election Commission, which she did not do. The magistrate judge also recommended that the court dismiss the TCPA claims against the individual defendants because she did not allege facts tracing the alleged statutory violations to the specific conduct of any individual defendant. Further, the magistrate judge recommended that the court dismiss the TCPA claims against “Democratic Party HQ” because she had failed to allege an element of a TCPA claim—namely, that she did not consent to the received text messages. The magistrate judge, however, recommended that the plaintiff be granted permission to amend her complaint to address the deficiencies in pleading her TCPA claims.

On March 29, 2021, the plaintiff filed an amended complaint that asserted only claims under the TCPA, dropping her previously asserted claims under the FECA. On July 16, 2021, District Judge Daniel D. Crabtree entered a memorandum and order regarding the magistrate judge’s report and recommendation, 2021 WL 3024014, and the plaintiff’s amended complaint. 2021 WL 3022284. The district judge concluded that the report and recommendation was moot in light of the plaintiff’s filing an amended complaint but, nonetheless, agreed with the “gist” of the magistrate judge’s analysis. As to TCPA claims against the individual defendants, the district judge concluded that the plaintiff failed to allege facts tracing the challenged conduct to any individual defendant. As to the TCPA claims against the Democratic National Committee (“DNC”), the district judge concluded that the plaintiff had cured the deficiency in her original complaint by adequately alleging that she never expressly consented to receiving the text messages. The judge, further, concluded that the plaintiff adequately pleaded the other elements for a TCPA claim—specifically, that the DNC contacted her on her cell phone using an auto-dial system. Accordingly, the court dismissed the TCPA claims against the individual defendants but ordered that the plaintiff could proceed with her TCPA claims against the DNC.

On August 23, 2021, the plaintiff filed a motion for entry of default against the DNC for its failure to plead or otherwise defend the action. The court granted the motion on September 20, 2021, 2021 U.S. Dist. LEXIS 178242, and the clerk of the court entered default against the DNC. The plaintiff then filed a motion for default judgement on October 28, 2021. On January 12, 2022, the court granted in part the motion for default judgment. 2022 WL 110814. The court allowed the plaintiff’s request for $60,000 in damages, plus post-judgment interest, but denied her request for treble damages and injunctive relief. The court also stated that the plaintiff could file a bill of costs, which the plaintiff later did, although the court ultimately disallowed the claimed costs as not specifically allowable under federal law and unsupported by any documentation.

Following the filing of motions by the plaintiff requesting a hearing in aid of execution of the judgment, the DNC informed the court that it intended to pay the judgment in full. On September 6, 2022, the plaintiff confirmed that she received payment from the DNC for the damages ordered in the judgment but argued that the DNC failed to pay the correct amount for post-judgment interest. On September 27, 2022, the plaintiff filed a motion asking the court to order the defendant to correct the post-judgment interest payment. The DNC filed a response arguing that it had paid the proper amount for post-judgment interest, and the plaintiff filed a reply. As of October 19, 2022, the motion remained pending with no hearing scheduled.

Summary Authors

Kevin Chen (10/19/2022)

Documents in the Clearinghouse

Documents in this case

1 5:21-cv-04001	Civil Complaint	Jan. 19, 2021	Jan. 19, 2021 Complaint
5 5:21-cv-04001	Order Granting Motion for Leave to Proceed In Forma Pauperis and Report and Recommendation	Feb. 25, 2021	Feb. 25, 2021 Order/Opinion 2021 WL 3024014
11 5:21-cv-04001	First Amended Complaint	March 29, 2021	March 29, 2021 Complaint
13 5:21-cv-04001	Memorandum and Order	July 16, 2021	July 16, 2021 Order/Opinion 2020 WL 3022284
20 5:21-cv-04001	Memorandum and Order	Sept. 20, 2021	Sept. 20, 2021 Order/Opinion 2021 U.S.Dist.LEXIS 178242
22-3 5:21-cv-04001	Default Final Judgment Lenhardt v. Democratic National Committee of Democratic National Party HQ	Oct. 28, 2021	Oct. 28, 2021 Order/Opinion
24 5:21-cv-04001	Memorandum and Order	Jan. 12, 2022	Jan. 12, 2022 Order/Opinion 2022 WL 110814
25 5:21-cv-04001	Judgment in a Civil Case	Jan. 12, 2022	Jan. 12, 2022 Order/Opinion 2022 WL 110814
35 5:21-cv-04001	Order Granting Motion for Hearing in Aid of Execution	June 30, 2022	June 30, 2022 Order/Opinion

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/29114003/beaver-v-sams/

Last updated Aug. 22, 2026, 4:56 a.m.

Docket for: Beaver v. Sams

ECF Number	Date	Description	Link
1	Jan. 15, 2021	Complaint (attorney)	RECAP
2	Jan. 15, 2021	Civil Cover Sheet	RECAP
1	Jan. 19, 2021	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 View on PACER	Clearinghouse
2	Jan. 19, 2021	CIVIL COVER SHEET re 1 Complaint by Plaintiff Ursula Lenhardt. (jsh) (Entered: 01/20/2021)	RECAP
3	Jan. 19, 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)	RECAP
4	Feb. 16, 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)	RECAP
5	Feb. 25, 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)	Clearinghouse
6	Feb. 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)	RECAP
	Feb. 25, 2021	Order on Motion to Supplement AND Order on Motion for Leave to Proceed In Forma Pauperis
7	March 4, 2021	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)	RECAP
8	March 5, 2021	CERTIFIED MAIL RECEIPT returned re 5 REPORT AND RECOMMENDATIONS, 6 Order addressed to Plaintiff Ursula Lenhardt. (jal) (Entered: 03/05/2021)	RECAP
9	March 11, 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)	RECAP
10	March 29, 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)	RECAP
11	March 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 View on RECAP	Clearinghouse
12	June 8, 2021	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)	RECAP
13	July 16, 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)	Clearinghouse
14	July 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)	RECAP
	July 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)
	July 16, 2021	Order
	July 16, 2021	Summons Issued
16	July 23, 2021	MOTION for Order for Clerk to Enter Default Judgment by Plaintiff Ursula Lenhardt. (jal) (Entered: 07/28/2021)	RECAP
15	July 24, 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)	RECAP
	July 29, 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)
	July 29, 2021	Motions No Longer Referred
17	Aug. 6, 2021	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)	RECAP
18	Aug. 23, 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)	RECAP
	Aug. 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)
	Aug. 24, 2021	Motions No Longer Referred
19	Sept. 14, 2021	AFFIDAVIT of Ursula Lenhardt re 18 MOTION or Request for Entering Default by Plaintiff Ursula Lenhardt. (jsh) (Entered: 09/15/2021)	RECAP
	Sept. 15, 2021	DOCKET ANNOTATION: Plaintiff Ursula Lenhardt is a registered pro se participant with E-filing & ECF Notifications. (gw)
	Sept. 15, 2021	Docket Annotation
20	Sept. 20, 2021	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)	Clearinghouse
21	Sept. 20, 2021	CLERKS ENTRY OF DEFAULT: The Clerk of the Court hereby enters default against defendant Democratic National Committee. (jsh) (Entered: 09/20/2021)	RECAP
22	Oct. 28, 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 View on PACER 2 Attachment 2 View on PACER 3 Attachment 3 View on RECAP	RECAP
23	Dec. 27, 2021	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)	RECAP
24	Jan. 12, 2022	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)	Clearinghouse
25	Jan. 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)	Clearinghouse
26	Jan. 24, 2022	BILL OF COSTS by Ursula Lenhardt, I. (Attachments: # 1 Exhibits A & B, # 2 Envelope) (jal) (Entered: 01/24/2022) 1 Exhibits A & B View on RECAP 2 Envelope View on PACER	RECAP
27	March 22, 2022	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)	RECAP
	March 22, 2022	Costs Taxed
28	April 12, 2022	MOTION to Conduct Hearing in Aid of Execution by Plaintiff Ursula Lenhardt, I. (mam) (Entered: 04/13/2022)	RECAP
29	April 12, 2022	SUPPLEMENT to 28 Motion to Conduct Hearing in Aid of Execution by Plaintiff Ursula Lenhardt, I. (mam) (Entered: 04/13/2022)	RECAP
	April 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)
	April 13, 2022	Motions No Longer Referred
30	April 21, 2022	(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)	RECAP
31	April 22, 2022	SUBMISSION OF PROOF OF SERVICE AND EVIDENCES by Ursula Lenhardt, I. (mam) (Entered: 04/25/2022)	RECAP
	April 22, 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)
	April 22, 2022	Motions No Longer Referred
32	April 27, 2022	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)	RECAP
33	April 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)	RECAP
	April 27, 2022	Order on Motion for Hearing
34	May 11, 2022	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)	RECAP
35	June 30, 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)	Clearinghouse
	July 5, 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)
	July 5, 2022	Set/Reset Hearings - Public
36	Aug. 2, 2022	ENTRY OF APPEARANCE by Jason Andrew Zavadil on behalf of Democratic National Committee. (Zavadil, Jason) (Entered: 08/02/2022)	RECAP
37	Aug. 2, 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)	RECAP
	Aug. 2, 2022	Order
38	Aug. 17, 2022	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)	RECAP
	Aug. 17, 2022	Hearing In Aid of Execution

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Case Details

State / Territory:

Kansas

Case Type(s):

Election/Voting Rights

Special Collection(s):

Law Firm Antiracism Alliance (LFAA) project

Key Dates

Filing Date: Jan. 19, 2021

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Pro se non-citizen

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: Yes

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Political Party

Democratic National Committee

Case Details

Other Dockets:

District of Kansas 5:21-cv-04001

Available Documents:

Any published opinion

Complaint (any)

Non-settlement Outcome

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Damages

Source of Relief:

Litigation

Amount Defendant Pays: $60,000, plus post-judgment interest

Issues

Voting:

Voting: General & Misc.

Recommended Citation

Case Summary of Lenhardt v. Democratic Party HQ, Civil Rights Litig. Clearinghouse, https://clearinghouse.net/case/43343/ (last updated 10/19/2022).