Case: Gonzalez v. Kemp

1:20-cv-02118 | U.S. District Court for the Northern District of Georgia

Filed Date: May 18, 2020

Closed Date: Feb. 11, 2021

Clearinghouse coding complete

Case Summary

This case centers around Plaintiff Deborah Gonzalez’s (“Plaintiff Gonzalez”) bid for District Attorney (“DA”) of the Western Judicial Circuit (“Western Circuit”) in Georgia. On May 18, 2020, Plaintiff Gonzalez, and other Western Circuit voters (collectively, “Plaintiffs’), initiated class action suit arising under 42 U.S.C. § 1983 for injunctive relief against Georgia Governor Brian Kemp and Georgia Secretary of State Brad Raffensperger (collectively, “Defendants”). The relevant portions of the…

This case centers around Plaintiff Deborah Gonzalez’s (“Plaintiff Gonzalez”) bid for District Attorney (“DA”) of the Western Judicial Circuit (“Western Circuit”) in Georgia.

On May 18, 2020, Plaintiff Gonzalez, and other Western Circuit voters (collectively, “Plaintiffs’), initiated class action suit arising under 42 U.S.C. § 1983 for injunctive relief against Georgia Governor Brian Kemp and Georgia Secretary of State Brad Raffensperger (collectively, “Defendants”).

The relevant portions of the Complaint are as follows. On July 11, 2019, Plaintiff Gonzalez announced her intent to run for DA in the Western Circuit. The general election was set for November 3, 2020. On February 5, 2020, the then-DA, Ken Maudlin, resigned from office effective February 29, 2020, leaving the seat vacant after that point. After Maudlin resigned, Governor Kemp solicited applications for those wishing to be considered for appointment to the position, setting February 20, 2020 as the deadline for those submissions. On March 6, 2020, Plaintiff Gonzalez attempted to qualify for the position, but was informed that there would be no election for DA in the Western Circuit. In addition, by May 3, 2020, which was six months before the general election, Governor Brian Kemp still had not appointed a replacement DA. A Georgia law, O.C.G.A. § 45-5-3.2 (the “2018 Law”), grants the Governor the power to fill vacant DA positions. By the terms of the statute, however, if the Governor fills the vacancy at any point within six months of the next general election, the appointed DA will serve out a complete term until January 1 after the next general election four years later. Simply put, according to Plaintiffs, by waiting to appoint a new DA within the six month window, Defendants would be able to appoint their chosen DA to then serve a full four-year term without any election. Accordingly, Plaintiff Gonzalez argued both the cancellation of the election and the Governor’s failure to appoint a replacement by May 3, 2020 (within six months of the general election) denied her the right to a candidacy and denied Western Circuit voters the right to elect their DA in violation of the U.S. and Georgia constitutions.

On May 25, 2020, Plaintiffs moved for a preliminary injunction to enjoin enforcement of the 2018 Law and to institute procedures for conducting a special election for DA of the Western Circuit on November 3, 2020.

On July 2, 2020, after post-hearing briefing was filed, the Court found, amongst other things, Plaintiffs were substantially likely to succeed on the merits of their claim that the 2018 Law effectively operates to cancel the election for DA in the Western Circuit in violation of the Georgia state constitution. The Court further found it substantially likely for Plaintiffs to succeed on the merits of their claim that the Secretary of State’s failure to set a qualifying period for an election to be held at the same time as the 2020 general election violated the Due Process Clause of the Fourteenth Amendment. Accordingly, the Court granted Plaintiffs’’ request for injunctive relief and enjoined Defendants from enforcing the relevant portions of the 2018 Law. The Court further directed the Secretary of State to take the necessary steps to conduct the special election for DA in the Western Circuit and asked for the parties to jointly propose next steps for conducting the special election.

On July 16, 2020, all parties filed a “proposed joint order” on the procedure for conducting a special election for DA. These proposed steps were as follows. First, the Secretary of State would issue a call for the special election no later than August 5, 2020. Second, qualifying candidates for the DA for the Western Circuit would take place between August 12-14, 2020. Third, the parties agreed to where the qualification period would take place, how much the fees would be, and the process for certifying the final list of candidates for the November 3, 2020 ballot. The Court adopted the proposed joint order on July 17, 2020.

Meanwhile, Defendants were granted an expedited appeal in the Eleventh Circuit in connection with the Court’s July 2, 2020 Order in Gonzalez v. Governor of the State of Ga., No. 20-12649-G (11th Cir. July 27, 2020). The case was set to be argued in front of the Eleventh Circuit on August 14, 2020. However, on August 11, 2020, the Eleventh Circuit submitted to the Supreme Court of Georgia the question over the constitutionality of the 2018 Law with respect to the Georgia Constitution. And on October 8, 2020, after briefing and oral argument, the Supreme Court of Georgia, in Kemp v. Gonzalez, 849 S.E.2d 667 (2020) summarily answered that “yes[,] to the extent that [the 2018 Law] authorizes a district attorney appointed by the Governor to serve beyond the remainder of the unexpired four-year term of the prior district attorney without an election,” that law is unconstitutional under Georgia Constitution.

As a result of the Supreme Court of Georgia’s ruling, the Eleventh Circuit affirmed the District Court’s ruling in favor of Plaintiffs and the Defendants were ordered to conduct a special election on November 3, 2020 for the DA of the Western Circuit according to the terms of the adopted “proposed joint order.”

On November 19, 2020, Plaintiffs then moved for a permanent injunction barring further enforcement of the 2018 Law. Relatedly, Defendants moved to dismiss this claim arguing the issue was moot.

On February 11, 2021, the Court, agreeing with Defendants, denied Plaintiffs’ motion for permanent injunction finding the issue was moot because with the highest state court (i.e., the Supreme Court of Georgia) declaring the law unconstitutional, there was no other remedy that could be ordered by the District Court. Accordingly, the Court granted Defendants’ motion to dismiss. The case was summarily terminated on the same date.

Summary Authors

Jerry Berger (11/14/2023)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/17420571/parties/gonzalez-v-kemp/


Judge(s)

Cohen, Mark Howard (Georgia)

Attorney for Plaintiff

Brown, Bruce P. (Georgia)

Shahar, Robin Joy (Georgia)

Attorney for Defendant

Skedsvold, Miles Christian (Georgia)

Young, Elizabeth T. (Georgia)

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Documents in the Clearinghouse

Document
1

1:20-cv-02118

Complaint

May 18, 2020

May 18, 2020

Complaint
22

1:20-cv-02118

Order on Motion for Preliminary Injunction

July 2, 2020

July 2, 2020

Order/Opinion
31

1:20-cv-02118

Proposed Joint Order

Gonzalez, et al. v. Kemp

July 16, 2020

July 16, 2020

Pleading / Motion / Brief
70

1:20-cv-02118

Order Disposing of Remaining Motions (Dkts. 58, 63, 24, 60, & 65)

Feb. 11, 2021

Feb. 11, 2021

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/17420571/gonzalez-v-kemp/

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

ECF Number Description Date Link Date / Link
1

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

May 18, 2020

May 18, 2020

Clearinghouse
2

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)

May 19, 2020

May 19, 2020

PACER
3

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

May 19, 2020

May 19, 2020

PACER
4

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)

May 22, 2020

May 22, 2020

PACER
5

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

May 25, 2020

May 25, 2020

PACER
6

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

May 25, 2020

May 25, 2020

PACER
7

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)

May 26, 2020

May 26, 2020

PACER
8

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)

May 27, 2020

May 27, 2020

PACER
9

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

June 15, 2020

June 15, 2020

PACER
10

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)

June 15, 2020

June 15, 2020

PACER
11

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

June 18, 2020

June 18, 2020

PACER
12

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

June 22, 2020

June 22, 2020

PACER
13

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

June 22, 2020

June 22, 2020

PACER
14

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

June 22, 2020

June 22, 2020

PACER

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)

June 23, 2020

June 23, 2020

PACER

Submission to District Judge

June 23, 2020

June 23, 2020

PACER
15

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

June 23, 2020

June 23, 2020

PACER
16

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)

June 23, 2020

June 23, 2020

PACER
17

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

June 23, 2020

June 23, 2020

PACER
18

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)

June 25, 2020

June 25, 2020

PACER
19

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

June 29, 2020

June 29, 2020

PACER
20

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)

June 30, 2020

June 30, 2020

PACER
21

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)

July 2, 2020

July 2, 2020

PACER
22

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)

July 2, 2020

July 2, 2020

Clearinghouse
23

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)

July 13, 2020

July 13, 2020

PACER
24

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

July 14, 2020

July 14, 2020

PACER
25

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

July 14, 2020

July 14, 2020

PACER
26

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)

July 15, 2020

July 15, 2020

PACER
27

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

July 15, 2020

July 15, 2020

PACER
28

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)

July 15, 2020

July 15, 2020

PACER
29

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

July 16, 2020

July 16, 2020

PACER
30

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)

July 16, 2020

July 16, 2020

PACER
31

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)

July 16, 2020

July 16, 2020

Clearinghouse
32

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)

July 17, 2020

July 17, 2020

PACER
33

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)

July 21, 2020

July 21, 2020

PACER
34

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)

July 27, 2020

July 27, 2020

PACER
35

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)

July 27, 2020

July 27, 2020

PACER
36

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)

July 27, 2020

July 27, 2020

PACER
37

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)

July 28, 2020

July 28, 2020

PACER
38

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)

July 31, 2020

July 31, 2020

PACER

Set/Reset Appeal Deadlines

July 31, 2020

July 31, 2020

PACER

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

July 31, 2020

July 31, 2020

PACER

Appeal Record Certified

July 31, 2020

July 31, 2020

PACER
39

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

July 31, 2020

July 31, 2020

PACER
40

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)

July 31, 2020

July 31, 2020

PACER
41

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)

July 31, 2020

July 31, 2020

PACER

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)

July 31, 2020

July 31, 2020

PACER
42

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)

Aug. 4, 2020

Aug. 4, 2020

PACER
43

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)

Aug. 7, 2020

Aug. 7, 2020

PACER
44

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)

Aug. 7, 2020

Aug. 7, 2020

PACER
45

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)

Aug. 11, 2020

Aug. 11, 2020

RECAP
46

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)

Aug. 31, 2020

Aug. 31, 2020

PACER
47

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)

Aug. 31, 2020

Aug. 31, 2020

PACER
48

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)

Aug. 31, 2020

Aug. 31, 2020

PACER
49

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)

Sept. 2, 2020

Sept. 2, 2020

PACER
50

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)

Sept. 29, 2020

Sept. 29, 2020

PACER
51

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)

Oct. 15, 2020

Oct. 15, 2020

PACER
52

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)

Oct. 27, 2020

Oct. 27, 2020

PACER
53

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

Oct. 27, 2020

Oct. 27, 2020

PACER
54

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)

Oct. 28, 2020

Oct. 28, 2020

PACER
55

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)

Oct. 30, 2020

Oct. 30, 2020

PACER
56

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)

Nov. 13, 2020

Nov. 13, 2020

PACER
57

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

Nov. 17, 2020

Nov. 17, 2020

PACER

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

Nov. 18, 2020

Nov. 18, 2020

PACER
58

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)

Nov. 19, 2020

Nov. 19, 2020

PACER
59

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

Dec. 3, 2020

Dec. 3, 2020

PACER
60

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)

Dec. 8, 2020

Dec. 8, 2020

PACER
61

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)

Dec. 9, 2020

Dec. 9, 2020

PACER
62

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)

Dec. 9, 2020

Dec. 9, 2020

PACER
63

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)

Dec. 9, 2020

Dec. 9, 2020

PACER
64

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)

Dec. 10, 2020

Dec. 10, 2020

PACER
65

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

Dec. 14, 2020

Dec. 14, 2020

PACER

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

Dec. 22, 2020

Dec. 22, 2020

PACER
66

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

Dec. 28, 2020

Dec. 28, 2020

PACER
67

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)

Dec. 28, 2020

Dec. 28, 2020

PACER
68

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)

Dec. 30, 2020

Dec. 30, 2020

PACER

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

Jan. 4, 2021

Jan. 4, 2021

PACER

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

Jan. 15, 2021

Jan. 15, 2021

PACER
69

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)

Jan. 28, 2021

Jan. 28, 2021

PACER
70

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)

Feb. 11, 2021

Feb. 11, 2021

Clearinghouse
71

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)

Feb. 11, 2021

Feb. 11, 2021

PACER

Civil Case Terminated. (jpa)

Feb. 11, 2021

Feb. 11, 2021

PACER

Case Details

State / Territory: Georgia

Case Type(s):

Election/Voting Rights

Key Dates

Filing Date: May 18, 2020

Closing Date: Feb. 11, 2021

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Candidate for District Attorney of the Western Judicial Circuit of Georgia and voters in this Circuit

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Unknown

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Mooted before ruling

Defendants

Georgia Governor Brian Kemp, State

Secretary of State Brad Raffensperger, State

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Due Process: Procedural Due Process

Due Process: Substantive Due Process

Available Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Preliminary injunction / Temp. restraining order

Declaratory Judgment

Source of Relief:

Litigation

Content of Injunction:

Preliminary relief granted

Issues

Voting:

Voting: General & Misc.

Candidate qualifications

Election administration