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

Clearinghouse coding in progress

Case Summary

None

Summary Authors

Kevin Chen (10/19/2022)

Documents in the Clearinghouse

Document
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 2021

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 2020

20

5:21-cv-04001

Memorandum and Order

Sept. 20, 2021

Sept. 20, 2021

Order/Opinion

2021 U.S.Dist.LEXIS 2021

24

5:21-cv-04001

Memorandum and Order

Jan. 12, 2022

Jan. 12, 2022

Order/Opinion

2022 WL 2022

25

5:21-cv-04001

Judgment in a Civil Case

Jan. 12, 2022

Jan. 12, 2022

Order/Opinion

2022 WL 2022

35

5:21-cv-04001

Order Granting Motion for Hearing in Aid of Execution

June 30, 2022

June 30, 2022

Order/Opinion

Docket

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

Last updated Nov. 30, 2023, 2:19 p.m.

ECF Number Description Date Link Date / Link
1

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

Jan. 19, 2021

Jan. 19, 2021

Clearinghouse
2

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

Jan. 19, 2021

Jan. 19, 2021

PACER
3

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)

Jan. 19, 2021

Jan. 19, 2021

PACER
4

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)

Feb. 16, 2021

Feb. 16, 2021

PACER
5

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)

Feb. 25, 2021

Feb. 25, 2021

Clearinghouse
6

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)

Feb. 25, 2021

Feb. 25, 2021

PACER

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

Feb. 25, 2021

Feb. 25, 2021

PACER
7

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)

March 4, 2021

March 4, 2021

PACER
8

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

March 5, 2021

March 5, 2021

PACER
9

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)

March 11, 2021

March 11, 2021

RECAP
10

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)

March 29, 2021

March 29, 2021

PACER
11

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

March 29, 2021

March 29, 2021

Clearinghouse
12

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)

June 8, 2021

June 8, 2021

PACER
13

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)

July 16, 2021

July 16, 2021

Clearinghouse
14

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)

July 16, 2021

July 16, 2021

PACER

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

July 16, 2021

PACER

Order

July 16, 2021

July 16, 2021

PACER

Summons Issued

July 16, 2021

July 16, 2021

PACER
16

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

July 23, 2021

July 23, 2021

PACER
15

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)

July 24, 2021

July 24, 2021

PACER

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

July 29, 2021

PACER

Motions No Longer Referred

July 29, 2021

July 29, 2021

PACER
17

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)

Aug. 6, 2021

Aug. 6, 2021

PACER
18

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)

Aug. 23, 2021

Aug. 23, 2021

PACER

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

Aug. 24, 2021

PACER

Motions No Longer Referred

Aug. 24, 2021

Aug. 24, 2021

PACER
19

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

Sept. 14, 2021

Sept. 14, 2021

PACER

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

Sept. 15, 2021

Sept. 15, 2021

PACER

Docket Annotation

Sept. 15, 2021

Sept. 15, 2021

PACER
20

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)

Sept. 20, 2021

Sept. 20, 2021

Clearinghouse
21

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

Sept. 20, 2021

Sept. 20, 2021

PACER
22

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

Oct. 28, 2021

Oct. 28, 2021

RECAP
23

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)

Dec. 27, 2021

Dec. 27, 2021

PACER
24

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)

Jan. 12, 2022

Jan. 12, 2022

Clearinghouse
25

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)

Jan. 12, 2022

Jan. 12, 2022

Clearinghouse
26

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

Jan. 24, 2022

Jan. 24, 2022

RECAP
27

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)

March 22, 2022

March 22, 2022

PACER

Costs Taxed

March 22, 2022

March 22, 2022

PACER
28

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

April 12, 2022

April 12, 2022

PACER
29

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

April 12, 2022

April 12, 2022

PACER

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

April 13, 2022

PACER

Motions No Longer Referred

April 13, 2022

April 13, 2022

PACER
30

(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)

April 21, 2022

April 21, 2022

RECAP

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

April 22, 2022

PACER
31

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

April 22, 2022

April 22, 2022

PACER

Motions No Longer Referred

April 22, 2022

April 22, 2022

PACER
32

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)

April 27, 2022

April 27, 2022

PACER
33

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)

April 27, 2022

April 27, 2022

PACER

Order on Motion for Hearing

April 27, 2022

April 27, 2022

PACER
34

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)

May 11, 2022

May 11, 2022

PACER
35

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)

June 30, 2022

June 30, 2022

Clearinghouse

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

July 5, 2022

PACER

Set/Reset Hearings - Public

July 5, 2022

July 5, 2022

PACER
36

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

Aug. 2, 2022

Aug. 2, 2022

RECAP
37

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)

Aug. 2, 2022

Aug. 2, 2022

PACER

Order

Aug. 2, 2022

Aug. 2, 2022

PACER
38

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)

Aug. 17, 2022

Aug. 17, 2022

PACER

Hearing In Aid of Execution

Aug. 17, 2022

Aug. 17, 2022

PACER
39

NOTICE re HEARING IN AID OF EXECUTION by Ursula Lenhardt, I. (sz) (Entered: 08/31/2022)

Aug. 31, 2022

Aug. 31, 2022

RECAP

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

Democratic National Committee (Washington, District of Columbia), Political Party

Case Details

Available Documents:

Trial Court Docket

Complaint (any)

Non-settlement Outcome

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Damages

Source of Relief:

Litigation

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