Case: Georgia State Conference of the NAACP v. State of Georgia

1:17-cv-01397 | U.S. District Court for the Northern District of Georgia

Filed Date: April 20, 2017

Closed Date: April 11, 2018

Clearinghouse coding complete

Case Summary

The specific factual background of the case involves a 2017 special election in Georgia for its sixth congressional district. Representative Tom Price resigned in February 2017, and a special election was held in April 2017 to determine his replacement. None of the candidates garnered a majority of the votes, so Georgia state law O.C.G.A. § 21-2-501(a) required a runoff election between the two candidates receiving the most votes. It was determined that this election would take place on June 20…

The specific factual background of the case involves a 2017 special election in Georgia for its sixth congressional district. Representative Tom Price resigned in February 2017, and a special election was held in April 2017 to determine his replacement. None of the candidates garnered a majority of the votes, so Georgia state law O.C.G.A. § 21-2-501(a) required a runoff election between the two candidates receiving the most votes. It was determined that this election would take place on June 20, 2017.

Georgia state law, O.C.G.A. § 21-2-501(a)(10), deemed runoff elections continuations of the elections preceding them. Thus, to vote in the runoff election, a voter would need to be registered for the preceding special election of April 2017. Several non-profits—Georgia state conference of the NAACP, Georgia Coalition for the Peoples’ Agenda, Pro-Georgia State Table, Third Sector Development, and Asian Americans Advancing Justice-Atlanta—brought this suit against the state of Georgia and its secretary of state, Brian Kemp over this requirement.

The lawsuit alleged that the registration timeline for the runoff election in June was illegal under the National Voting Rights Act. This section of the National Voting Rights Act prohibits states from setting registration deadlines more than thirty days in advance of any federal election, and the timeline for registering for the runoff election, with Georgia law applied, would be more than three months before. The plaintiffs sought preliminary and permanent injunctive relief that would declare the Georgia state law invalid, extend the relevant deadline for the election at hand, and set future registration deadlines to comply with the National Voting Rights Act as applied to runoff elections.

The Court determined that the Plaintiffs would be likely to succeed on the merits of their claim because voter registration is not a substantive qualification to vote (and therefore left to states to determine), but rather a procedural one (and therefore left to the federal government to determine under the Elections Clause). It also found that not allowing rightful voters to exercise their right would cause irreparable harm, and that, in balancing the equities and public interest, the preliminary injunction should be granted. As such, since they met all four factors required for a preliminary injunction, the court granted it.  

The parties reached a consent decree in which the Defendants were enjoined from enforcing or relying on any state law for the purpose of establishing the voter registration deadline for any election for federal office, including runoff elections, that is later then the lesser of 30 days, or the period provided by State law, before the date of the election. The order also established that the voter registration deadline for all elections for federal office, including all run-off elections, shall be the close of business on the 30th day prior to the election, or the time otherwise prescribed by state law, whichever is less. The Plaintiffs were awarded $122,171.54 in attorney’s fees. This case is now closed.

Summary Authors

Ben Stievater (6/5/2023)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5525339/parties/georgia-state-conference-of-the-naacp-v-state-of-georgia/


Judge(s)

Batten, Timothy C. (Georgia)

Attorney for Plaintiff

Abram, Jonathan Lynwood (Georgia)

Feinberg, Ira Martin (Georgia)

Goldman, Emily (Georgia)

Attorney for Defendant

Correia, Cristina (Georgia)

show all people

Documents in the Clearinghouse

Document
2

1:17-cv-01397

Plaintiff's Emergency Motion for a Temporary Restraining Order and Preliminary Injunction and Exhibits in Support Thereof

April 20, 2017

April 20, 2017

Pleading / Motion / Brief
1

1:17-cv-01397

Complaint For Injunctive and Declaratory Relief

April 20, 2017

April 20, 2017

Complaint
16

1:17-cv-01397

Civil Action File

April 24, 2017

April 24, 2017

Order/Opinion
17

1:17-cv-01397

FIRST AMENDED COMPLAINT FOR INJUNCTIVE AND DECLARATORY RELIEF

April 25, 2017

April 25, 2017

Complaint
20

1:17-cv-01397

DEFENDANTS, STATE OF GEORGIA AND BRIAN KEMP’S BRIEF IN OPPOSITION TO PLAINTIFFS’ MOTION FOR A PRELIMINARY INJUNCTION

April 28, 2017

April 28, 2017

Pleading / Motion / Brief
25

1:17-cv-01397

PLAINTIFFS’ REPLY BRIEF IN FURTHER SUPPORT OF MOTION FOR PRELIMINARY INJUNCTION

May 2, 2017

May 2, 2017

Pleading / Motion / Brief
26

1:17-cv-01397

DEFENDANTS’ SUR-REPLY IN OPPOSITION TO PLAINTIFFS’ MOTION FOR PRELIMINARY INJUNCTION

May 3, 2017

May 3, 2017

Pleading / Motion / Brief
29

1:17-cv-01397

Order

May 4, 2017

May 4, 2017

Order/Opinion
42

1:17-cv-01397

Consent Decree

Oct. 17, 2017

Oct. 17, 2017

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5525339/georgia-state-conference-of-the-naacp-v-state-of-georgia/

Last updated March 7, 2024, 3:05 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT for Injunctive and Declaratory Relief filed by Georgia Coalition for the People's Agenda, Inc., ProGeorgia State Table, Inc., Georgia State Conference of the NAACP, Asian Americans Advancing Justice-Atlanta, Inc., Third Sector Development, Inc. (Filing fee $400 receipt number 113E-7099697.) (Attachments: # 1 Exhibit NVRA Notice Letter, # 2 Civil Cover Sheet)(cmd) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions which includes the Consent To Proceed Before U.S. Magistrate form. (Additional attachment(s) added on 4/20/2017: # 3 Summons Proposed Summons (not issued)) (cmd). (Entered: 04/20/2017)

1 Exhibit NVRA Notice Letter

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2 Civil Cover Sheet

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3 Summons Proposed Summons (not issued)

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April 20, 2017

April 20, 2017

Clearinghouse
2

EMERGENCY MOTION for Temporary Restraining Order and MOTION for Preliminary Injunction IMMEDIATE HEARING REQUESTED with Brief In Support by Asian Americans Advancing Justice-Atlanta, Inc., Georgia Coalition for the People's Agenda, Inc., Georgia State Conference of the NAACP, ProGeorgia State Table, Inc., Third Sector Development, Inc. (Attachments: # 1 Brief, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Text of Proposed Order)(cmd) (Entered: 04/20/2017)

April 20, 2017

April 20, 2017

Clearinghouse

Submission of 2 EMERGENCY MOTION for Temporary Restraining Order and MOTION for Preliminary Injunction IMMEDIATE HEARING REQUESTED to District Judge Eleanor L. Ross. (cmd)

April 20, 2017

April 20, 2017

PACER
3

ORDER OF RECUSAL. District Judge Eleanor L. Ross recused. Case reassigned to District Judge Timothy C. Batten, Sr. for all further proceedings NOTICE TO ALL COUNSEL OF RECORD: The Judge designation in the civil action number assigned to this case has been changed to 1:17-cv-01397-TCB. Please make note of this change in order to facilitate the docketing of pleadings in this case. Signed by Judge Eleanor L. Ross on 4/20/2017. (cmd) (Entered: 04/20/2017)

April 20, 2017

April 20, 2017

PACER

Submission of 2 EMERGENCY MOTION for Temporary Restraining Order and MOTION for Preliminary Injunction IMMEDIATE HEARING REQUESTED to District Judge Timothy C. Batten, Sr. (cmd)

April 20, 2017

April 20, 2017

PACER
4

APPLICATION for Admission of Ira M. Feinberg Pro Hac Vice (Application fee $ 150, receipt number 113E-7101399)by Asian Americans Advancing Justice-Atlanta, Inc., Georgia Coalition for the People's Agenda, Inc., Georgia State Conference of the NAACP, ProGeorgia State Table, Inc., Third Sector Development, Inc.. (Sells, Bryan) (Entered: 04/20/2017)

April 20, 2017

April 20, 2017

PACER
5

PROPOSED SUMMONS filed by Asian Americans Advancing Justice-Atlanta, Inc., Georgia Coalition for the People's Agenda, Inc., Georgia State Conference of the NAACP, ProGeorgia State Table, Inc., Third Sector Development, Inc. for the State of Georgia, Defendant (Sells, Bryan) (Entered: 04/20/2017)

April 20, 2017

April 20, 2017

PACER
6

PROPOSED SUMMONS filed by Asian Americans Advancing Justice-Atlanta, Inc., Georgia Coalition for the People's Agenda, Inc., Georgia State Conference of the NAACP, ProGeorgia State Table, Inc., Third Sector Development, Inc. for Secretary of State Brian P. Kemp, Defendant (Sells, Bryan) (Entered: 04/20/2017)

April 20, 2017

April 20, 2017

PACER
7

APPLICATION for Admission of Julie M. Houk Pro Hac Vice (Application fee $ 150, receipt number 113E-7101594)by Asian Americans Advancing Justice-Atlanta, Inc., Georgia Coalition for the People's Agenda, Inc., Georgia State Conference of the NAACP, ProGeorgia State Table, Inc., Third Sector Development, Inc.. (Sells, Bryan) (Entered: 04/20/2017)

April 20, 2017

April 20, 2017

PACER
8

APPLICATION for Admission of John M. Powers Pro Hac Vice (Application fee $ 150, receipt number 113E-7101623)by Asian Americans Advancing Justice-Atlanta, Inc., Georgia Coalition for the People's Agenda, Inc., Georgia State Conference of the NAACP, ProGeorgia State Table, Inc., Third Sector Development, Inc.. (Sells, Bryan) (Entered: 04/20/2017)

April 20, 2017

April 20, 2017

PACER
9

APPLICATION for Admission of Ezra D. Rosenberg Pro Hac Vice (Application fee $ 150, receipt number 113E-7101628)by Asian Americans Advancing Justice-Atlanta, Inc., Georgia Coalition for the People's Agenda, Inc., Georgia State Conference of the NAACP, ProGeorgia State Table, Inc., Third Sector Development, Inc.. (Sells, Bryan) (Entered: 04/20/2017)

April 20, 2017

April 20, 2017

PACER
10

APPLICATION for Admission of Paul Wiley Pro Hac Vice (Application fee $ 150, receipt number 113E-7101636)by Asian Americans Advancing Justice-Atlanta, Inc., Georgia Coalition for the People's Agenda, Inc., Georgia State Conference of the NAACP, ProGeorgia State Table, Inc., Third Sector Development, Inc.. (Sells, Bryan) (Entered: 04/20/2017)

April 20, 2017

April 20, 2017

PACER
11

APPLICATION for Admission of Jonathan L. Abram Pro Hac Vice (Application fee $ 150, receipt number 113E-7101647)by Asian Americans Advancing Justice-Atlanta, Inc., Georgia Coalition for the People's Agenda, Inc., Georgia State Conference of the NAACP, ProGeorgia State Table, Inc., Third Sector Development, Inc.. (Sells, Bryan) (Entered: 04/20/2017)

April 20, 2017

April 20, 2017

PACER
12

NOTICE of Appearance by Cristina Correia on behalf of Brian P. Kemp (Correia, Cristina) (Entered: 04/21/2017)

April 21, 2017

April 21, 2017

PACER
13

NOTICE of Appearance by Josiah Benjamin Heidt on behalf of Brian P. Kemp, State of Georgia (Heidt, Josiah) (Entered: 04/21/2017)

April 21, 2017

April 21, 2017

PACER
14

Electronic Summons Issued as to Brian P. Kemp, State of Georgia. (Attachments: # 1 Summons)(jkl) (Entered: 04/21/2017)

April 21, 2017

April 21, 2017

PACER
15

First Certificate of Interested Persons by Asian Americans Advancing Justice-Atlanta, Inc., Georgia Coalition for the People's Agenda, Inc., Georgia State Conference of the NAACP, ProGeorgia State Table, Inc., Third Sector Development, Inc.. (Sells, Bryan) (Entered: 04/24/2017)

April 24, 2017

April 24, 2017

RECAP
16

ORDER finding that Plaintiffs' requests for expedited consideration and oral argument on their emergency motion for preliminary injunction is warranted. Defendants shall file their brief in opposition to Plaintiffs' emergency motion by Friday, April 28, 2017 at noon. Plaintiffs' reply brief is due Tuesday, May 2, by 5:00 p.m. Defendants may file a sur-reply brief by 9:00 p.m. on Wednesday, May 3. Oral argument on the motion will be held on Thursday, May 4, 2017, at 2:00 p.m. in Courtroom 2106 of the Atlanta Courthouse. Signed by Judge Timothy C. Batten, Sr on 4/24/17. (rsh) (Entered: 04/24/2017)

April 24, 2017

April 24, 2017

Clearinghouse

Clerks Notation re 15 Certificate of Interested Persons: reviewed and approved by Judge Timothy C. Batten, Sr. (se)

April 24, 2017

April 24, 2017

PACER
17

First AMENDED COMPLAINT adding Plaintiff Jill Boyd Myers against All Defendants, filed by Georgia Coalition for the People's Agenda, Inc., ProGeorgia State Table, Inc., Asian Americans Advancing Justice-Atlanta, Inc., Georgia State Conference of the NAACP, Third Sector Development, Inc., Jill Boyd Myers.(Sells, Bryan) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions which includes the Consent To Proceed Before U.S. Magistrate form. (Entered: 04/25/2017)

April 25, 2017

April 25, 2017

Clearinghouse
18

Second Certificate of Interested Persons by Asian Americans Advancing Justice-Atlanta, Inc., Georgia Coalition for the People's Agenda, Inc., Georgia State Conference of the NAACP, Jill Boyd Myers, ProGeorgia State Table, Inc., Third Sector Development, Inc.. (Sells, Bryan) (Entered: 04/25/2017)

April 25, 2017

April 25, 2017

RECAP
19

Consent MOTION to Supplement 2 MOTION for Temporary Restraining Order IMMEDIATE HEARING REQUESTED MOTION for Preliminary Injunction by Asian Americans Advancing Justice-Atlanta, Inc., Georgia Coalition for the People's Agenda, Inc., Georgia State Conference of the NAACP, Jill Boyd Myers, ProGeorgia State Table, Inc., Third Sector Development, Inc.. (Attachments: # 1 Exhibit Declaration of Jill Boyd Myers, # 2 Text of Proposed Order)(Sells, Bryan) (Entered: 04/25/2017)

1 Exhibit Declaration of Jill Boyd Myers

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2 Text of Proposed Order

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April 25, 2017

April 25, 2017

PACER

Clerks Notation re 18 Certificate of Interested Persons: reviewed and approved by Judge Timothy C. Batten, Sr. (se)

April 26, 2017

April 26, 2017

PACER

ORDER (by minute entry only) granting 19 consent motion to supplement the record in support of 2 motion for preliminary injunction. The Court will consider the declaration of Plaintiff Jill Boyd Myers in connection with that motion. Approved by Judge Timothy C. Batten, Sr. on 4/26/2017. (jkc)

April 26, 2017

April 26, 2017

PACER
20

RESPONSE in Opposition re 2 MOTION for Temporary Restraining Order IMMEDIATE HEARING REQUESTED MOTION for Preliminary Injunction filed by Brian P. Kemp, State of Georgia. (Attachments: # 1 Exhibit Declaration of Harvey, # 2 Exhibit Declaration of Barnes, # 3 Exhibit Declaration of Eveler, # 4 Exhibit Declaration of Barron)(Heidt, Josiah) (Entered: 04/28/2017)

1 Exhibit Declaration of Harvey

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2 Exhibit Declaration of Barnes

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3 Exhibit Declaration of Eveler

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4 Exhibit Declaration of Barron

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April 28, 2017

April 28, 2017

Clearinghouse
21

NOTICE of Appearance by Cristina Correia on behalf of State of Georgia (Correia, Cristina) (Entered: 04/28/2017)

April 28, 2017

April 28, 2017

RECAP
22

First Motion to Bring Audio/Visual/Electronic Equipment in the Courtroom by Asian Americans Advancing Justice-Atlanta, Inc., Georgia Coalition for the People's Agenda, Inc., Georgia State Conference of the NAACP, Jill Boyd Myers, ProGeorgia State Table, Inc., Third Sector Development, Inc.. (Attachments: # 1 Text of Proposed Order)(Sells, Bryan) (Entered: 05/01/2017)

May 1, 2017

May 1, 2017

PACER
23

ORDER ALLOWING AUDIO/VISUAL EQUIPMENT IN THE COURTROOM on 5/4/17 at 2:00 pm in Courtroom 2106, Atlanta GA. Signed by Judge Timothy C. Batten, Sr on 5/1/17. (jlm) (Entered: 05/01/2017)

May 1, 2017

May 1, 2017

PACER
24

APPLICATION for Admission of Emily Goldman Pro Hac Vice (Application fee $ 150, receipt number 113E-7122270)by Asian Americans Advancing Justice-Atlanta, Inc., Georgia Coalition for the People's Agenda, Inc., Georgia State Conference of the NAACP, Jill Boyd Myers, ProGeorgia State Table, Inc., Third Sector Development, Inc.. (Sells, Bryan) (Entered: 05/02/2017)

May 2, 2017

May 2, 2017

PACER
25

REPLY BRIEF re 2 MOTION for Temporary Restraining Order IMMEDIATE HEARING REQUESTED MOTION for Preliminary Injunction filed by Asian Americans Advancing Justice-Atlanta, Inc., Georgia Coalition for the People's Agenda, Inc., Georgia State Conference of the NAACP, Jill Boyd Myers, ProGeorgia State Table, Inc., Third Sector Development, Inc.. (Attachments: # 1 Exhibit 7 - Butler reply declaration)(Sells, Bryan) (Entered: 05/02/2017)

May 2, 2017

May 2, 2017

Clearinghouse

APPROVAL by Clerks Office re: 7 APPLICATION for Admission of Julie M. Houk Pro Hac Vice (Application fee $ 150, receipt number 113E-7101594). Attorney Julie Marie Houk added appearing on behalf of Asian Americans Advancing Justice-Atlanta, Inc., Georgia Coalition for the People's Agenda, Inc., Georgia State Conference of the NAACP, Jill Boyd Myers, ProGeorgia State Table, Inc., Third Sector Development, Inc. (pmb)

May 3, 2017

May 3, 2017

PACER

APPROVAL by Clerks Office re: 8 APPLICATION for Admission of John M. Powers Pro Hac Vice (Application fee $ 150, receipt number 113E-7101623). Attorney John Michael Powers added appearing on behalf of Asian Americans Advancing Justice-Atlanta, Inc., Georgia Coalition for the People's Agenda, Inc., Georgia State Conference of the NAACP, Jill Boyd Myers, ProGeorgia State Table, Inc., Third Sector Development, Inc. (pmb)

May 3, 2017

May 3, 2017

PACER

MINUTE ORDER granting 7 Application for Admission Pro Hac Vice of Julie Marie Houk; granting 8 Application for Admission Pro Hac Vice of John M. Powers. Entered by CRD at the direction of Judge Timothy C. Batten, Sr. on 5/3/17. (se)

May 3, 2017

May 3, 2017

PACER

APPROVAL by Clerks Office re: 10 APPLICATION for Admission of Paul Wiley Pro Hac Vice (Application fee $ 150, receipt number 113E-7101636). Attorney Paul Wiley added appearing on behalf of Asian Americans Advancing Justice-Atlanta, Inc., Georgia Coalition for the People's Agenda, Inc., Georgia State Conference of the NAACP, Jill Boyd Myers, ProGeorgia State Table, Inc., Third Sector Development, Inc. (pmb)

May 3, 2017

May 3, 2017

PACER

APPROVAL by Clerks Office re: 9 APPLICATION for Admission of Ezra D. Rosenberg Pro Hac Vice (Application fee $ 150, receipt number 113E-7101628). Attorney Ezra David Rosenberg added appearing on behalf of Asian Americans Advancing Justice-Atlanta, Inc., Georgia Coalition for the People's Agenda, Inc., Georgia State Conference of the NAACP, Jill Boyd Myers, ProGeorgia State Table, Inc., Third Sector Development, Inc. (pmb)

May 3, 2017

May 3, 2017

PACER

APPROVAL by Clerks Office re: 11 APPLICATION for Admission of Jonathan L. Abram Pro Hac Vice (Application fee $ 150, receipt number 113E-7101647). Attorney Jonathan Lynwood Abram added appearing on behalf of Asian Americans Advancing Justice-Atlanta, Inc., Georgia Coalition for the People's Agenda, Inc., Georgia State Conference of the NAACP, Jill Boyd Myers, ProGeorgia State Table, Inc., Third Sector Development, Inc. (pmb)

May 3, 2017

May 3, 2017

PACER

APPROVAL by Clerks Office re: 24 APPLICATION for Admission of Emily Goldman Pro Hac Vice (Application fee $ 150, receipt number 113E-7122270). Attorney Emily Goldman added appearing on behalf of Asian Americans Advancing Justice-Atlanta, Inc., Georgia Coalition for the People's Agenda, Inc., Georgia State Conference of the NAACP, Jill Boyd Myers, ProGeorgia State Table, Inc., Third Sector Development, Inc. (pmb)

May 3, 2017

May 3, 2017

PACER

APPROVAL by Clerks Office re: 4 APPLICATION for Admission of Ira M. Feinberg Pro Hac Vice (Application fee $ 150, receipt number 113E-7101399). Attorney Ira Martin Feinberg added appearing on behalf of Asian Americans Advancing Justice-Atlanta, Inc., Georgia Coalition for the People's Agenda, Inc., Georgia State Conference of the NAACP, Jill Boyd Myers, ProGeorgia State Table, Inc., Third Sector Development, Inc. (pmb)

May 3, 2017

May 3, 2017

PACER

MINUTE ORDER granting 24 Application for Admission Pro Hac Vice of Emily Goldman; granting 4 Application for Admission Pro Hac Vice of Ira M. Feinberg; granting 9 Application for Admission Pro Hac Vice Ezra D. Rosenberg; granting 10 Application for Admission Pro Hac Vice of Paul Wiley; granting 11 Application for Admission Pro Hac Vice of Jonathan Lynwood Abram. Entered by CRD at the direction of Judge Timothy C. Batten, Sr. on 5/3/17. (se)

May 3, 2017

May 3, 2017

PACER
26

REPLY BRIEF re 2 MOTION for Temporary Restraining Order IMMEDIATE HEARING REQUESTED MOTION for Preliminary Injunction Sur-Reply filed by Brian P. Kemp, State of Georgia. (Attachments: # 1 Exhibit 2nd Declaration of Harvey)(Heidt, Josiah) (Entered: 05/03/2017)

May 3, 2017

May 3, 2017

Clearinghouse
27

Return of Service Executed by Georgia Coalition for the People's Agenda, Inc., ProGeorgia State Table, Inc., Jill Boyd Myers, Asian Americans Advancing Justice-Atlanta, Inc., Georgia State Conference of the NAACP, Third Sector Development, Inc.. State of Georgia served on 4/25/2017, answer due 5/16/2017. (Sells, Bryan) (Entered: 05/04/2017)

May 4, 2017

May 4, 2017

PACER
28

Return of Service Executed by Georgia Coalition for the People's Agenda, Inc., ProGeorgia State Table, Inc., Jill Boyd Myers, Asian Americans Advancing Justice-Atlanta, Inc., Georgia State Conference of the NAACP, Third Sector Development, Inc.. Brian P. Kemp served on 4/25/2017, answer due 5/16/2017. (Sells, Bryan) (Entered: 05/04/2017)

May 4, 2017

May 4, 2017

PACER
29

ORDER GRANTING 2 Motion for Preliminary Injunction. Signed by Judge Timothy C. Batten, Sr on 5/4/2017. (adg) (Entered: 05/04/2017)

May 4, 2017

May 4, 2017

Clearinghouse
30

Minute Entry for proceedings held before Judge Timothy C. Batten, Sr: Motion Hearing held on 5/4/2017 re 2 MOTION for Temporary Restraining Order, MOTION for Preliminary Injunction filed by Asian Americans Advancing Justice-Atlanta, Inc., Georgia State Conference of the NAACP, Georgia Coalition for the People's Agenda, Inc., Third Sector Development, Inc., ProGeorgia State Table, Inc. Court heard argument for preliminary injunction. Court found for Plaintiffs; written Order forthcoming. (Court Reporter Lori Burgess)(rsh) (Entered: 05/04/2017)

May 4, 2017

May 4, 2017

PACER
31

Consent MOTION for Extension of Time to File Answer re 17 Amended Complaint,, by Brian P. Kemp, State of Georgia. (Attachments: # 1 Text of Proposed Order)(Correia, Cristina) (Entered: 05/09/2017)

May 9, 2017

May 9, 2017

PACER
32

ORDER granting 31 Motion for Extension of Time to Answer re 17 Amended Complaint. Brian P. Kemp Answer due 6/15/2017; State of Georgia Answer due 6/15/2017. Signed by Judge Timothy C. Batten, Sr on 5/11/17. (jlm) (Entered: 05/11/2017)

May 11, 2017

May 11, 2017

PACER
33

ANSWER to 17 Amended Complaint by Brian P. Kemp, State of Georgia. Discovery ends on 11/13/2017.(Correia, Cristina) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. (Entered: 06/15/2017)

June 15, 2017

June 15, 2017

PACER
34

Notice for Leave of Absence for the following date(s): July 7, 2017 - July 18, 2017; July 21, 2017 - July 26, 2017, by Cristina Correia. (Correia, Cristina) (Entered: 06/19/2017)

June 19, 2017

June 19, 2017

PACER
35

Joint MOTION for Extension of Time to Submit Joint Preliminary Report and Discovery Plan and Serve Initial Disclosures by Brian P. Kemp, State of Georgia. (Attachments: # 1 Text of Proposed Order)(Correia, Cristina) (Entered: 06/29/2017)

June 29, 2017

June 29, 2017

PACER
36

ORDER granting 35 Motion for Extension of Time through 8/16/17 for parties to file Joint Preliminary Report and Discovery Plan and to serve initial disclosures. Signed by Judge Timothy C. Batten, Sr on 6/30/17. (rsh) (Entered: 06/30/2017)

June 30, 2017

June 30, 2017

PACER
37

Joint MOTION for Extension of Time File Joint Preliminary Report and serve Initial Disclosures by Brian P. Kemp, State of Georgia. (Attachments: # 1 Text of Proposed Order Proposed Order)(Correia, Cristina) (Entered: 08/14/2017)

Aug. 14, 2017

Aug. 14, 2017

PACER
38

ORDER granting 37 Motion for Extension of Time through 9/15/17 for parties to file their Joint Preliminary Report and to serve Initial Disclosures. Signed by Judge Timothy C. Batten, Sr on 8/15/17. (rsh) (Entered: 08/15/2017)

Aug. 15, 2017

Aug. 15, 2017

PACER
39

Joint MOTION for Extension of Time File Joint Preliminary Report and serve Initial Disclosures by Brian P. Kemp, State of Georgia. (Attachments: # 1 Text of Proposed Order)(Heidt, Josiah) (Entered: 09/15/2017)

Sept. 15, 2017

Sept. 15, 2017

PACER
40

ORDER granting 39 Motion for Extension of Time to and including 10/16/17 for parties to file their JPRD and to serve their initial disclosures. Signed by Judge Timothy C. Batten, Sr on 9/18/17. (jlm) (Entered: 09/18/2017)

Sept. 18, 2017

Sept. 18, 2017

PACER
41

PROPOSED CONSENT ORDER Proposed Consent Decree. (Correia, Cristina) (Entered: 10/11/2017)

Oct. 11, 2017

Oct. 11, 2017

PACER
42

CONSENT DECREE Ordering the following: (1) Dismissing the "State of Georgia" from this action. (2) Defendants are hereby enjoined from enforcing or relying on Ga. Const. Art II, Sec.2, Para II, and O.C.G.A. Sections 21-2-501(a)(10) and 21-2-152(c), or any other state statutory or constitutional provision, for the purpose of establishing the voter registration deadline for any election for federal office, including runoff elections, that is later then the lesser of 30 days, or the period provided by State law, before the date of the election. (3) The voter registration deadline for all elections for federal office, including all run-off elections, shall be the close of business on the 30th day prior to the election, or the time otherwise prescribed by state law, whichever is less. If such deadline should fall on a Saturday, Sunday or legal holiday, the voter-registration deadline shall be the close of business on the following business day. (4) Upon entry of this Consent Order by the Court, Plaintiffs shall be entitled to file a motion for reasonable attorney fees and costs from Defendant as set forth in this order. Defendants shall bear their own costs and attorney fees. Signed by Judge Timothy C. Batten, Sr on 10/13/17. (jlm) (Entered: 10/17/2017)

Oct. 17, 2017

Oct. 17, 2017

Clearinghouse
43

MOTION for Attorney Fees and Expenses with Brief In Support by Asian Americans Advancing Justice-Atlanta, Inc., Georgia Coalition for the People's Agenda, Inc., Georgia State Conference of the NAACP, Jill Boyd Myers, ProGeorgia State Table, Inc., Third Sector Development, Inc.. (Attachments: # 1 Brief MEMORANDUM OF POINTS AND AUTHORITIES, # 2 Affidavit Exhibit 1 - Declaration of Julie Houk)(Sells, Bryan) (Entered: 11/16/2017)

2

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Nov. 16, 2017

Nov. 16, 2017

PACER

Submission of 43 MOTION for Attorney Fees and Expenses, submitted to District Judge Timothy C. Batten. (jlm)

Dec. 4, 2017

Dec. 4, 2017

PACER
44

Consent MOTION for Extension of Time to file detailed itemization of attorneys fees by Asian Americans Advancing Justice-Atlanta, Inc., Georgia Coalition for the People's Agenda, Inc., Georgia State Conference of the NAACP, Jill Boyd Myers, ProGeorgia State Table, Inc., Third Sector Development, Inc.. (Attachments: # 1 Text of Proposed Order)(Sells, Bryan) (Entered: 01/16/2018)

Jan. 16, 2018

Jan. 16, 2018

PACER
45

ORDER granting 44 Consent Motion for Extension of Time to and including 1/30/18 for Plaintiff's to file their Detailed Specification and Itemization of Plaintiff's Attorneys' Fees and Litigation Expenses Pursuant to L.R. Rule 54.2A(2). Signed by Judge Timothy C. Batten, Sr on 1/19/18. (jlm) (Entered: 01/22/2018)

Jan. 22, 2018

Jan. 22, 2018

PACER
46

Supplemental MOTION to Supplement 43 MOTION for Attorney Fees and Expenses with Brief In Support by Asian Americans Advancing Justice-Atlanta, Inc., Georgia Coalition for the People's Agenda, Inc., Georgia State Conference of the NAACP, Jill Boyd Myers, ProGeorgia State Table, Inc., Third Sector Development, Inc.. (Attachments: # 1 Exhibit A - Declaration of Ira M. Feinberg, # 2 Exhibit B - Declaration of Bryan L. Sells, # 3 Exhibit C - Declaration of Ezra D. Rosenberg, # 4 Exhibit D - Declaration of William V. Custer, # 5 Text of Proposed Order Proposed Order Granting Plaintiffs' Special Motion for an Award of Attorneys' Fees and Expenses)(Houk, Julie) (Entered: 01/30/2018)

1 Exhibit A - Declaration of Ira M. Feinberg

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2 Exhibit B - Declaration of Bryan L. Sells

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3 Exhibit C - Declaration of Ezra D. Rosenberg

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4 Exhibit D - Declaration of William V. Custer

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5 Text of Proposed Order Proposed Order Granting Plaintiffs' Special Motion f

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Jan. 30, 2018

Jan. 30, 2018

RECAP
47

Consent MOTION for Extension of Time File Response and Objections to Plaintiffs' Motion for Attorneys' Fees re: 46 Supplemental MOTION to Supplement 43 MOTION for Attorney Fees and Expenses by Brian P. Kemp. (Attachments: # 1 Text of Proposed Order)(Correia, Cristina) (Entered: 02/23/2018)

Feb. 23, 2018

Feb. 23, 2018

PACER
48

Consent MOTION for Extension of Time File Response and Objections to Plaintiffs' Motion for Attorneys' Fees re: 46 Supplemental MOTION to Supplement 43 MOTION for Attorney Fees and Expenses by Brian P. Kemp. (Attachments: # 1 Text of Proposed Order)(Correia, Cristina) (Entered: 03/07/2018)

March 7, 2018

March 7, 2018

PACER
49

ORDER granting 46 48 extension of time to file Response and Objections to Plas' Supplemental Brief in Support of Special Motion for Award of Attorneys' Fees and Litigation Expenses. Dft shall have through 3/12/18 to file Response and Objections. Document 47 is denied as moot. Signed by Judge Timothy C. Batten, Sr on 3/7/18. (rsh) (Entered: 03/07/2018)

March 7, 2018

March 7, 2018

PACER
50

RESPONSE in Opposition re 46 Supplemental MOTION to Supplement 43 MOTION for Attorney Fees and Expenses, 43 MOTION for Attorney Fees and Expenses filed by Brian P. Kemp. (Attachments: # 1 Exhibit Exhibit A - Declaration of C. Correia, # 2 Exhibit Exhibit B1, # 3 Exhibit Exhibit B2, # 4 Exhibit Exhibit B3)(Heidt, Josiah) (Entered: 03/12/2018)

March 12, 2018

March 12, 2018

PACER
51

REPLY BRIEF re 46 Supplemental MOTION to Supplement 43 MOTION for Attorney Fees and Expenses, 43 MOTION for Attorney Fees and Expenses Plaintiffs' Reply Brief in Support of Special Motion for an Award of Attorneys' Fees and Expenses filed by Asian Americans Advancing Justice-Atlanta, Inc., Georgia Coalition for the People's Agenda, Inc., Georgia State Conference of the NAACP, Jill Boyd Myers, ProGeorgia State Table, Inc., Third Sector Development, Inc.. (Attachments: # 1 Exhibit Exhibit 1, Declaration of Plaintiffs' Counsel, Julie M. Houk)(Houk, Julie) (Entered: 04/02/2018)

April 2, 2018

April 2, 2018

PACER
52

ORDER GRANTING IN PART Plaintiffs' 43 Motion for Attorney Fees and Expenses. Plaintiffs are AWARDED fees and expenses in the total amount of $122,171.54. Signed by Judge Timothy C. Batten, Sr on 4/11/18. (jlm) (Entered: 04/11/2018)

April 11, 2018

April 11, 2018

RECAP
53

CLERK'S JUDGMENT entered AWARDING plaintiffs $122,171.54 as reasonable attorney's fees and expenses. (jlm)--Please refer to http://www.ca11.uscourts.gov to obtain an appeals jurisdiction checklist-- (Entered: 04/11/2018)

April 11, 2018

April 11, 2018

PACER

Civil Case Terminated. (jlm)

April 11, 2018

April 11, 2018

PACER

Case Details

State / Territory: Georgia

Case Type(s):

Election/Voting Rights

Special Collection(s):

Law Firm Antiracism Alliance (LFAA) project

Key Dates

Filing Date: April 20, 2017

Closing Date: April 11, 2018

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Non-profit organizations representing minority interests

Plaintiff Type(s):

Non-profit NON-religious organization

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

State of Georgia and Secretary of State of Georgia, State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

National Voter Registration Act ("Motor Voter law"), 52 U.S.C. § 20501 (previously 42 U.S.C. § 1973gg)

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

Attorneys fees

Preliminary injunction / Temp. restraining order

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Content of Injunction:

Preliminary relief granted

Voter Registration

State Statute Struck Down

Amount Defendant Pays: $122,171.54

Order Duration: 2017 - None

Issues

Voting:

Voter registration rules

Voting: General & Misc.