Case: Gonzalez v. Kemp

Gonzalez, et al. v. Kemp

COMPLAINT filed by Deborah Gonzalez, April Boyer Brown, Andrea Wellnitz, Linda Lloyd and Adam Shirley. (Filing fee $400.00, receipt number AGANDC-9705458) (Attachments: # 1 Civil Cover Sheet)(eop) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions and Pretrial Associated Forms which includes the Consent To Proceed Before U.S. Magistrate form. (Entered: 05/19/2020)

1 Civil Cover Sheet

View on PACER

SECOND AMENDMENT TO THE GENERAL ORDER RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONA VIRUS. Signed by Judge Thomas W. Thrash, Jr. on 4/30/20. (eop) (Entered: 05/19/2020)

STANDING ORDER Regarding Civil Litigation. Signed by Judge Mark H. Cohen on 5/19/20. (bjh) (Entered: 05/19/2020)

MOTION for Leave to File Excess Pages in Brief in Support of Motion for Preliminary Injunction by Deborah Gonzalez. (Brown, Bruce) (Entered: 05/22/2020)

MOTION for Preliminary Injunction with Brief In Support by Deborah Gonzalez. (Attachments: # 1 Brief)(Brown, Bruce) (Entered: 05/25/2020)

MOTION for Hearing re 5 MOTION for Preliminary Injunction by Deborah Gonzalez. (Brown, Bruce) (Entered: 05/25/2020)

ORDER granting 4 Motion for Leave to File Excess Pages - Plaintiffs may file a Brief in Support of their Motion for Preliminary Injunction not in excess of thirty (30) pages. Signed by Judge Mark H. Cohen on 5/26/20. (bjh) (Entered: 05/26/2020)

THIRD AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONA VIRUS. Signed by Judge Thomas W. Thrash, Jr. on 05/26/2020. (adg) (ADI) (Entered: 05/27/2020)

NOTICE Of Filing Supplemental Brief by Deborah Gonzalez re 5 MOTION for Preliminary Injunction (Brown, Bruce) (Entered: 06/15/2020)

ORDER Setting Hearing on 5 Motion for Preliminary Injunction : Motion Hearing set for 6/25/2020 at 10:00 AM via Zoom videoconference. Counsel will receive an email from the Court with an invitation to the meeting and instructions on how to join the videoconference. The Court has been notified that Defendants have waived service of process of the Complaint 1 and that Defendants will respond to the Motion for Preliminary Injunction by June 18, 2020, which the Court approves. Thus, Plaintiffs are ORDERED to file a reply no later than June 22, 2020. The Court also asks that the parties file any exhibits they intend to introduce during the hearing on the docket using CM/ECF's Notice function no later than close-of-business on June 23, 2020. Any exhibits should be marked and numbered before filing. Motion terminated: 6 MOTION for Hearing re 5 MOTION for Preliminary Injunction. Signed by Judge Mark H. Cohen on 6/15/20. (bjh) (Entered: 06/15/2020)

RESPONSE in Opposition re 5 MOTION for Preliminary Injunction filed by Brian Kemp, Brad Raffensperger. (Young, Elizabeth) (Entered: 06/18/2020)

REPLY BRIEF re 5 MOTION for Preliminary Injunction filed by Deborah Gonzalez. (Brown, Bruce) (Entered: 06/22/2020)

NOTICE of Appearance by Elizabeth T. Young on behalf of Brian Kemp, Brad Raffensperger (Young, Elizabeth) (Entered: 06/22/2020)

NOTICE of Appearance by Miles Christian Skedsvold on behalf of Brian Kemp, Brad Raffensperger (Skedsvold, Miles) (Entered: 06/22/2020)

Submission of 5 MOTION for Preliminary Injunction, (Hearing set for 6/25/2020 at 10:00 AM via Zoom videoconference), to District Judge Mark H. Cohen. (bjh)

Submission to District Judge

NOTICE Of Filing Hearing Exhibit by Deborah Gonzalez (Brown, Bruce) (Entered: 06/23/2020)

NOTICE OF ZOOM TELECONFERENCE regarding Order Setting Hearing on Motion for Preliminary Injunction 10 . Hearing to be conducted via Zoom format. Call instructions are as follows: https://ganduscourts.zoomgov.com/j/1612753249. Meeting ID: 161 275 3249, Password: 200094. For audio calls only: 1 646 828 7666. (lwb) (Entered: 06/23/2020)

WAIVER OF SERVICE Returned Executed by Deborah Gonzalez. All Defendants. (Brown, Bruce) (Entered: 06/23/2020)

Minute Entry for proceedings held before Judge Mark H. Cohen: Motion Hearing held via Zoom video on 6/25/2020 re 5 MOTION for Preliminary Injunction filed by Deborah Gonzalez. The Court heard arguments ofcounsel. Court took the matter under consideration and issue an order. (Court Reporter Judith Wolff)(bjh) (Entered: 06/25/2020)

NOTICE Of Filing Post-Hearing Brief by Deborah Gonzalez (Brown, Bruce) (Entered: 06/29/2020)

MOTION for Leave to File Post Hearing Brief/Response to Plaintiff's Post Hearing Brief with Brief In Support by Brian Kemp, Brad Raffensperger. (Young, Elizabeth) (Entered: 06/30/2020)

FOURTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONA VIRUS. Signed by Judge Thomas W. Thrash, Jr. on 07/01/2020. (ddm) (ADI) (Entered: 07/02/2020)

ORDER: It is hereby ORDERED that Plaintiffs' Motion for Preliminary Injunction 5 is GRANTED. Defendants are PRELIMINARILY ENJOINED from following the portion of O.C.G.A. ยง 45-5-3.2 that would prevent an election for District Attorney for the Western Judicial Circuit on November 3, 2020. Nothing contained in this Order shall prevent Governor Kemp from filling the existing vacancy in the office of District Attorney for the Western Judicial Circuit in accordance with Article VI, Section VIII, Paragraph I(a) of the Georgia Constitution; provided that if the Governor chooses to fill the vacancy by appointment, he must do so before the close of the special qualifying period for the special election for such position on November 3, 2020 if the appointee intends to run for the term of office beginning on January 1, 2021. It is further ORDERED that Defendant Brad Raffensperger shall take all steps necessary to conduct the election for the office of District Attorney for the Western Judicial Circuit for the term beginning January 1, 2021, on the same date as the 2020 general election, currently set for November 3, 2020. It is further ORDERED that the parties shall confer in good faith and endeavor to present to the Court a proposed consent order, no later than fourteen (14) days from the date of this Order, which sets forth the procedure for conducting a special election for the District Attorney for the Western Judicial Circuit on November 3, 2020, for a term beginning on January 1, 2021, including but not limited to the dates and times for a specially-set period for candidates to qualify to run in the special election and the incorporation of sufficient time for compliance with deadlines for the printing and mailing of absentee ballots, including to those voters covered by the Uniformed and Overseas Citizens Absentee Voting Act, 42 U.S.C. ยง 1973ff, et seq. It is further ORDERED that Defendants' Motion for Leave to File Post Hearing Brief 20 is GRANTED. Signed by Judge Mark H. Cohen on 7/2/20. (bjh) (Entered: 07/02/2020)

FIFTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONAVIRUS. Signed by Judge Thomas W. Thrash, Jr. on 7/10/2020 (mmc) (ADI) (Entered: 07/13/2020)

MOTION for Attorney Fees by Deborah Gonzalez. (Brown, Bruce) (Entered: 07/14/2020)

MOTION to Stay Pending Appeal with Brief In Support by Brian Kemp, Brad Raffensperger. (Young, Elizabeth) (Entered: 07/14/2020)

NOTICE OF APPEAL as to 22 Order on Motion for Preliminary Injunction,,,,,,,,, Order on Motion for Leave to File,,,,,,,, by Brian Kemp, Brad Raffensperger. Filing fee $ 505, receipt number CGANDC-9916287. Transcript Order Form due on 7/29/2020 (Attachments: # 1 Exhibit Order (Doc 22))(Young, Elizabeth) (Entered: 07/15/2020)

NOTICE Of Filing NOA Transmittal Letter re: 26 Notice of Appeal. (pjm) (Entered: 07/15/2020)

Transmission of Certified Copy of Notice of Appeal, USCA Appeal Fees, Order and Docket Sheet to US Court of Appeals re: 26 Notice of Appeal. (pjm) (Entered: 07/15/2020)

RESPONSE in Opposition re 25 MOTION to Stay Pending Appeal filed by Deborah Gonzalez. (Brown, Bruce) (Entered: 07/16/2020)

ORDER denying 25 Motion to Stay Pending Appeal of Preliminary Injunction. Signed by Judge Mark H. Cohen on 7/16/20. (bjh) (Entered: 07/16/2020)

PROPOSED ORDER Proposed Joint Order Regarding Election Procedures re: 22 Order on Motion for Preliminary Injunction,,,,,,,,, Order on Motion for Leave to File,,,,,,,,. (Young, Elizabeth) (Entered: 07/16/2020)

ORDER : It is hereby ORDERED that the Proposed Joint Order 31 is adopted as Order of the Court, with the following provisions: The Secretary of State shall issue a call for the special election for the District Attorney for the Western Judicial Circuit no later than August 5, 2020. 2.Qualifying for candidates for the District Attorney for the Western Judicial Circuit will take place on August 12, 2020, from 9:00 a.m. to 5:00 p.m., August 13, 2020, from 9:00 a.m. to 5:00 p.m., and August 14, 2020, from 9:00 a.m. to 1:00 p.m. SEE ORDER FOR DETAILS. Signed by Judge Mark H. Cohen on 7/17/20. (bjh) (Entered: 07/17/2020)

USCA Acknowledgment of 26 Notice of Appeal, filed by Brian Kemp and Brad Raffensperger. Case Appealed to USCA- 11th Circuit. Case Number 20-12649-G. (pjm) (Entered: 07/21/2020)

MOTION for Extension of Time Respond to Motion for Attorneys' Fees re: 24 MOTION for Attorney Fees by Brian Kemp, Brad Raffensperger. (Young, Elizabeth) (Entered: 07/27/2020)

Amended MOTION for Extension of Time Respond to Motion for Attorneys' Fees re: 24 MOTION for Attorney Fees, 34 MOTION for Extension of Time Respond to Motion for Attorneys' Fees re: 24 MOTION for Attorney Fees TO CORRECT ERROR IN CERTIFICATE OF SERVICE by Brian Kemp, Brad Raffensperger. (Young, Elizabeth) (Entered: 07/27/2020)

USCA Order: Before the Court is Appellants Emergency Motion for Stay of Injunction Pending Appeal and for Expedited Appeal. To the extent Appellants request that the Court expedite their appeal, the motion is GRANTED as follows: The initial brief is due July 31, 2020, with the appendix due 4 days after the initial brief is filed. The response brief is due August 4, 2020. The reply brief is due August 11, 2020. The Court has set the time for oral argument at 2p.m. on August 14, 2020. Unless, after briefing, the Court decides that oral argument is unnecessary, the argument will be held by telephone, and call-in instructions will follow. In light of the expedited briefing and oral argument schedule in this case, Appellants emergency motion for stay pending appeal is carried with the case re: 26 Notice of Appeal, filed by Brian Kemp and Brad Raffensperger. Case Appealed to USCA- 11th Circuit, Case Number 20-12649-G. (pjm) (Entered: 07/28/2020)

ORDER denying as moot 34 Motion for Extension of Time; granting 35 Motion for Extension of Time. Defendants shall have thirty (30) days from the date that Plaintiffs file specific itemization and affidavits to support their Special Motion for Award of Attorneys' Fees and Costs 24, to file their response. Signed by Judge Mark H. Cohen on 7/28/20. (bjh) (Entered: 07/28/2020)

TRANSCRIPT ORDER FORM for proceedings held on 6/25/2020 (Motion Hrg) before Judge Mark H. Cohen, re: 26 Notice of Appeal. Court Reporter: Judith Wolff. (Young, Elizabeth) Modified on 7/31/2020 to update text (pjm). (Entered: 07/31/2020)

Set/Reset Appeal Deadlines

Set Deadline re: 26 Notice of Appeal: Financial Arrangements due on 8/16/2020. (pjm)

Appeal Record Certified

Detailed Specification and Itemization of Requested Attorney Fees. (Brown, Bruce) (Entered: 07/31/2020)

TRANSCRIPT of Proceedings held on 6/25/20 (Prelim Inj Hrg), before Judge Mark H. Cohen. Court Reporter/Transcriber Judith M. Wolff. A full directory of court reporters and their contact information can be found at www.gand.uscourts.gov/directory-court-reporters. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Fed.R.App.P. 11 Certification due on 8/14/2020. Redaction Request due 8/21/2020. Redacted Transcript Deadline set for 8/31/2020. Release of Transcript Restriction set for 10/29/2020. (Attachments: # 1 Notice of Filing Transcript) (pjm) (Entered: 07/31/2020)

Notification of Transcript Filed in District Court re: 38 Transcript Order Form filed by Brian Kemp and Brad Raffensperger. All transcripts for this request are now on file. (pjm) (Entered: 07/31/2020)

Pursuant to F.R.A.P.11(c), the Clerk certifies that the record is complete for purposes of this appeal, 26 Notice of Appeal. Case Appealed to USCA- 11th Circuit. Case Number 20-12649-G. The entire record on appeal is available electronically. (pjm)

SIXTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONAVIRUS. Signed by Judge Thomas W. Thrash, Jr. on 08/03/2020. (jpa) (ADI) (Entered: 08/04/2020)

Consent MOTION for Extension of Time File Responsive Pleadings re: 1 Complaint, by Brian Kemp, Brad Raffensperger. (Attachments: # 1 Text of Proposed Order)(Young, Elizabeth) Modified on 8/7/2020 to edit event type (bjh). (Entered: 08/07/2020)

ORDER granting 43 Motion for Extension of Time to Answer. Brian Kemp's Answer due 9/7/2020; Brad Raffensperger's Answer due 9/7/2020. Signed by Judge Mark H. Cohen on 8/7/20. (bjh) (Entered: 08/07/2020)

USCA Non- Dispositive Opinion received re: 26 Notice of Appeal, filed by Brian Kemp and Brad Raffensperger. In accordance with FRAP 41(b), the USCA mandate will issue at a later date. Case Appealed to USCA- 11th Circuit. Case Number 20-12649-G. (pjm) (Entered: 08/12/2020)

Consent MOTION for Extension of Time Respond to Attorneys' Fee Motion and File Responsive Pleadings re: 1 Complaint, 24 MOTION for Attorney Fees by Brian Kemp, Brad Raffensperger. (Attachments: # 1 Text of Proposed Order)(Young, Elizabeth) (Entered: 08/31/2020)

Consent MOTION for Extension of Time Respond to Attorneys' Fee Motion and File Responsive Pleadings re: 1 Complaint, 24 MOTION for Attorney Fees, 46 Consent MOTION for Extension of Time Respond to Attorneys' Fee Motion and File Responsive Pleadings re: 1 Complaint, 24 MOTION for Attorney Fees (Amended to include Exhibits) by Brian Kemp, Brad Raffensperger. (Attachments: # 1 Text of Proposed Order)(Young, Elizabeth) (Entered: 08/31/2020)

ORDER granting 47 Motion for Extension of Deadlines; denying as moot 46 Motion for Extension of Deadlines. Defendants shall file their response to Plaintiffs motion for attorneys fees one week following the issuance of an opinion by the Georgia Supreme Court on the question certified by the Eleventh Circuit Court of Appeals, and shall file responsive pleadings to Plaintiffs Complaint within one month of the issuance of an opinion by the Georgia Supreme Court on the question certified by the Eleventh Circuit Court of Appeals. Signed by Judge Mark H. Cohen on 8/31/2020. (dob) (Entered: 09/01/2020)

SEVENTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONAVIRUS. Signed by Judge Thomas W. Thrash, Jr. on 9/1/2020. (aaq) (ADI) (Entered: 09/02/2020)

EIGHTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID19 AND RELATED CORONA VIRUS. Signed by Judge Thomas W. Thrash, Jr. on 09/28/2020. (adg) (ADI) (Entered: 09/29/2020)

RESPONSE in Opposition re 24 MOTION for Attorney Fees filed by Brian Kemp, Brad Raffensperger. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Young, Elizabeth) (Entered: 10/15/2020)

USCA Opinion received (AFFIRMED) re: 26 Notice of Appeal, filed by Brian Kemp and Brad Raffensperger. In accordance with FRAP 41(b), the USCA mandate will issue at a later date. Case Appealed to USCA- 11th Circuit. Case Number 20-12649-G. (pjm) (Entered: 10/27/2020)

Joint MOTION for Extension of Time on all Deadlines by Deborah Gonzalez. (Attachments: # 1 Text of Proposed Order)(Brown, Bruce) (Entered: 10/27/2020)

ORDER granting 53 Motion for Extension of Time and all pending deadlines in this litigation are hereby extended for an additional thirty (30) days. Signed by Judge Mark H. Cohen on 10/28/20. (jpa) (Entered: 10/28/2020)

USCA Order: A judge of this Court withholds issuance of the mandate in this appeal re: 26 Notice of Appeal, filed by Brian Kemp, Brad Raffensperger. Case Appealed to USCA- 11th Circuit. Case Number 20-12649-G. (pjm) (Entered: 10/30/2020)

USCA Clerk's Order: The order withholding the mandate in this appeal is VACATED. ENTERED FOR THE COURT - BY DIRECTION re: 26 Notice of Appeal, filed by Brian Kemp and Brad Raffensperger. Case Appealed to USCA- 11th Circuit. Case Number 20-12649-G. (pjm) (Entered: 11/13/2020)

REPLY BRIEF re 24 MOTION for Attorney Fees filed by Deborah Gonzalez. (Brown, Bruce) (Entered: 11/17/2020)

Submission of 24 MOTION for Attorney Fees, to District Judge Mark H. Cohen. (jpa)

MOTION for Permanent Injunction by Deborah Gonzalez, April Boyer Brown, Adam Shirley, Andrea Wellnitz, and Linda Lloyd. (Brown, Bruce) Modified on 11/20/2020 to add filers (jpa). (Entered: 11/19/2020)

RESPONSE in Opposition re 58 MOTION for Permanent Injunction filed by Brian Kemp, Brad Raffensperger. (Young, Elizabeth) (Entered: 12/03/2020)

USCA Order: The "Motion of Appellees to Transfer Consideration of Attorneys' Fees" is GRANTED in that the matter is TRANSFERRED to the District Court for consideration of whether Appellees are entitled to appellate attorney's fees, and if so, the amount of reasonable attorney's fees, if any. The "Unopposed Motion for Extension of Time" is DENIED AS MOOT. "Appellees' Application for Attorneys' Fees" is DENIED AS MOOT re: 26 Notice of Appeal, filed by Brian Kemp and Brad Raffensperger. Case Appealed to USCA- 11th Circuit. Case Number 20-12649-G. (pjm) (Entered: 12/08/2020)

NINTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONAVIRUS. Signed by Judge Thomas W. Thrash, Jr. on 12/08/2020. (ddm) (ADI) (Entered: 12/09/2020)

NOTICE by April Boyer Brown, Deborah Gonzalez, Linda Lloyd, Adam Shirley, Andrea Wellnitz of Appearance of Attorney Robin Joy Shahar on behalf of Plaintiffs (Brown, Bruce) (Entered: 12/09/2020)

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM with Brief In Support by Brian Kemp, Brad Raffensperger. (Attachments: # 1 Brief)(Young, Elizabeth) (Entered: 12/09/2020)

Certified copy of MANDATE of USCA AFFIRMING the decision of the District Court 26 Notice of Appeal, filed by Brian Kemp and Brad Raffensperger. Case Appealed to USCA- 11th Circuit. Case Number 20-12649. (pjm) (Entered: 12/10/2020)

MOTION for Attorney Fees for Enhancement by Deborah Gonzalez. (Brown, Bruce) (Entered: 12/14/2020)

Submission of 58 MOTION for Permanent Injunction, to District Judge Mark H. Cohen. (jpa)

RESPONSE in Opposition re 65 MOTION for Attorney Fees for Enhancement filed by Brian Kemp, Brad Raffensperger. (Young, Elizabeth) (Entered: 12/28/2020)

RESPONSE re 60 USCA Order,, Second Corrected Application for Attorneys' Fees (originally filed in USCA and denied as moot) filed by Brian Kemp, Brad Raffensperger. (Young, Elizabeth) (Entered: 12/28/2020)

REPLY BRIEF re 24 MOTION for Attorney Fees, 65 MOTION for Attorney Fees for Enhancement and 60 Motion for Fees on Appeal, in Reply to Defendants Responses (Doc. 66 and 67) filed by Deborah Gonzalez. (Brown, Bruce) (Entered: 12/30/2020)

Submission of 63 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, to District Judge Mark H. Cohen. (jpa)

Submission of 65 MOTION for Attorney Fees for Enhancement, to District Judge Mark H. Cohen. (jpa)

TENTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONAVIRUS. Signed by Judge Thomas W. Thrash, Jr. on 01/27/2021. (ddm) (ADI) (Entered: 01/28/2021)

ORDER DENYING AS MOOT Plaintiffs' 58 Motion for Permanent Injunction; GRANTING Defendants' 63 Motion to Dismiss; GRANTING IN PART AND DENYING IN PART Plaintiffs' 24 Motion for Attorney Fees; GRANTING IN PART AND DENYING IN PART Plaintiffs' 60 Second Corrected Application for Attorneys' Fees; and DENYING Plaintiffs' 65 Supplement to Fee Petitions Requesting Upward Adjustment of Award. This Court AWARDS Plaintiffs $101,910.00 in attorneys' fees and costs as prevailing parties under 42 U.S.C. ยง 1988. Signed by Judge Mark H. Cohen on 2/11/21. (jpa) (Entered: 02/11/2021)

CLERK'S JUDGMENT in favor of Plaintiffs against Defendants for attorneys' fees and costs as prevailing parties under 42 U.S.C. ยง 1988 in the amount of $101,910.00. (jpa)--Please refer to http://www.ca11.uscourts.gov to obtain an appeals jurisdiction checklist-- (Entered: 02/11/2021)

Civil Case Terminated. (jpa)