Case: De La Fuente v. Kemp

1:16-cv-02937 | U.S. District Court for the Northern District of Georgia

Filed Date: Aug. 12, 2016

Closed Date: Oct. 13, 2017

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Case Summary

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Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4505462/de-la-fuente-v-kemp/

Last updated June 25, 2022, 1:53 p.m.

ECF Number Description Date Link Date / Link

Submission to District Judge

Aug. 12, 2016

Aug. 12, 2016

PACER
1

COMPLAINT for Mandamus, Injunctive, & Declaratory Relief filed by Roque "Rocky" De La Fuente. (Filing fee $ 400 receipt number 113E-6627025). (Attachments: # 1 Civil Cover Sheet)(jpa) 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: 08/12/2016)

1 Civil Cover Sheet

View on PACER

Aug. 12, 2016

Aug. 12, 2016

RECAP
2

STANDING ORDER regarding civil litigation. Signed by Judge Mark H. Cohen on 8/12/16. (jpa) (Entered: 08/12/2016)

Aug. 12, 2016

Aug. 12, 2016

PACER
3

Electronic Summons Issued as to Brian P. Kemp. (jpa) (Entered: 08/12/2016)

Aug. 12, 2016

Aug. 12, 2016

PACER
4

ORDER directing Plaintiff to comply with O.C.G.A. § 9-4-7 before any hearing is to be held, and to notify the Court when service upon the Attorney General of Georgia is complete. Signed by Judge Mark H. Cohen on 8/12/16. (ddm) (Entered: 08/12/2016)

Aug. 12, 2016

Aug. 12, 2016

PACER
5

APPLICATION for Admission of Paul Anthony Rossi Pro Hac Vice (Application fee $ 150, receipt number 113E-6630034)by Roque De La Fuente. (Sells, Bryan) (Entered: 08/15/2016)

Aug. 15, 2016

Aug. 15, 2016

PACER
6

Certificate of Interested Persons by Roque De La Fuente. (Sells, Bryan) (Entered: 08/15/2016)

Aug. 15, 2016

Aug. 15, 2016

PACER
7

NOTICE by Roque De La Fuente re 4 Order of Service Upon the Attorney General of Georgia (Sells, Bryan) (Entered: 08/15/2016)

Aug. 15, 2016

Aug. 15, 2016

PACER
8

ORDER: if Plaintiff indeed seeks "emergency" relief from this Court, he shall comply with the local rules of the Court and file an appropriate motion with supporting authorities and serve such motion upon Defendant with a copy of this Order.' If such a motion is filed, the Court will determine the appropriate response time for Defendant and whether any hearing on the motion is necessary. Otherwise, any motions that are filed will be considered in accordance with the local rules of this Court. All other motions must be filed WITHIN THIRTY (30) DAYS after the beginning of discovery unless the filing party has obtained prior permission of the court to file later. Signed by Judge Mark H. Cohen on 8/16/16. (jpa) (Entered: 08/16/2016)

Aug. 16, 2016

Aug. 16, 2016

PACER

Submission to District Judge

Aug. 17, 2016

Aug. 17, 2016

PACER

Clerks Notation for LOA/CIP

Aug. 17, 2016

Aug. 17, 2016

PACER

Remark

Aug. 17, 2016

Aug. 17, 2016

PACER
9

Emergency MOTION for Preliminary Injunction, Emergency MOTION for Writ of Mandamus with Brief In Support by Roque De La Fuente. (Attachments: # 1 Brief, # 2 Affidavit of Roque de la Fuente, # 3 Text of Proposed Order)(Sells, Bryan) (Entered: 08/17/2016)

Aug. 17, 2016

Aug. 17, 2016

PACER
10

ORDER that the Defendant shall file a response to Plaintiff's 9 Emergency MOTION for Preliminary Injunction and for Writ of Mandamus on or before August 23, 2016. The Clerk is DIRECTED to transmit a copy of this Order by electronic mail to the Attorney General of Georgia at the following address: rwillard@law.ga.gov. Signed by Judge Mark H. Cohen on 8/17/16. (jpa) (Entered: 08/17/2016)

Aug. 17, 2016

Aug. 17, 2016

PACER
11

ORDER Setting Hearing on 9 Emergency MOTION for Preliminary Injunction and for Writ of Mandamus. Motion Hearing set for 8/25/2016 at 02:00 PM in ATLA Courtroom 1707 before Judge Mark H. Cohen. IT IS FURTHER ORDERED that any reply brief to Defendant's response to Plaintiff's motion shall be filed by Plaintiff no later than 9:00 A.M. on Friday, August 25, 2016. Signed by Judge Mark H. Cohen on 8/22/16. (jpa) (Entered: 08/22/2016)

Aug. 22, 2016

Aug. 22, 2016

PACER
12

Return of Service Executed by Roque De La Fuente. Brian P. Kemp served on 8/15/2016, answer due 9/6/2016. (Sells, Bryan) (Entered: 08/22/2016)

Aug. 22, 2016

Aug. 22, 2016

PACER
13

AFFIDAVIT of Service for Complaint and other documents, as to Sam Olens, Attorney General of the State of Georgia. (Sells, Bryan) (Entered: 08/22/2016)

Aug. 22, 2016

Aug. 22, 2016

PACER
14

AFFIDAVIT of Service for motion for emergency relief and related documents, as to Brian Kemp. (Sells, Bryan) (Entered: 08/22/2016)

Aug. 22, 2016

Aug. 22, 2016

PACER
15

AMENDED ORDER re 11 Order correcting the date of the emergency mandamus and preliminary injunction hearing to Friday, August 26, 2016. Defendant's response to Plaintiff's motion shall be filed by Plaintiff no later than 9:00 AM on Friday, August 26, 2016. Signed by Judge Mark H. Cohen on 8/22/16. (jgs) (Entered: 08/22/2016)

Aug. 22, 2016

Aug. 22, 2016

PACER
16

RESPONSE in Opposition re 9 Emergency MOTION for Preliminary Injunction Emergency MOTION for Writ of Mandamus filed by Brian P. Kemp. (Attachments: # 1 Affidavit Chris Harvey, # 2 Affidavit Michael Barnes)(Heidt, Josiah) (Entered: 08/23/2016)

Aug. 23, 2016

Aug. 23, 2016

PACER
17

NOTICE of Appearance by Josiah Benjamin Heidt on behalf of Brian P. Kemp (Heidt, Josiah) (Entered: 08/24/2016)

Aug. 24, 2016

Aug. 24, 2016

PACER
18

REPLY BRIEF re 9 Emergency MOTION for Preliminary Injunction Emergency MOTION for Writ of Mandamus filed by Roque De La Fuente. (Attachments: # 1 Affidavit of Roque "Rocky" De La Fuente)(Sells, Bryan) (Entered: 08/26/2016)

Aug. 26, 2016

Aug. 26, 2016

PACER
19

Minute Entry for proceedings held before Judge Mark H. Cohen: Motion Hearing held on 8/26/2016 re 9 Emergency MOTION for Preliminary Injunction. The Court heard arguments from counsel. The Defendants were instructed to efile a document to supplement their argument. The Court will issue a order ruling on the motions by the end of next week. (Court Reporter Judith Wolff) (jtj) (Entered: 08/26/2016)

Aug. 26, 2016

Aug. 26, 2016

PACER
20

NOTICE Of Filing by Brian P. Kemp re 16 Response in Opposition to Motion, (Attachments: # 1 Affidavit Chris Harvey (Second))(Heidt, Josiah) (Entered: 08/26/2016)

Aug. 26, 2016

Aug. 26, 2016

PACER

Return of Application for Admission Pro Hac Vice

Aug. 30, 2016

Aug. 30, 2016

PACER
21

ORDER denying 9 Motion for Preliminary Injunction; denying 9 Motion for Writ of Mandamus. Signed by Judge Mark H. Cohen on 8/30/16. (jpa) (Entered: 08/30/2016)

Aug. 30, 2016

Aug. 30, 2016

PACER
22

NOTICE OF APPEAL as to 21 Order on Motion for Preliminary Injunction, Order on Motion for Writ of Mandamus by Roque De La Fuente. Filing fee $ 505, receipt number 113E-6675232. Transcript Order Form due on 9/16/2016 (Sells, Bryan) (Entered: 09/02/2016)

Sept. 2, 2016

Sept. 2, 2016

PACER
23

NOTICE Of Filing of NOA Transmittal Letter re: 22 Notice of Appeal. (pjm) (Entered: 09/06/2016)

Sept. 6, 2016

Sept. 6, 2016

PACER
24

Transmission of Certified Copy of Notice of Appeal, USCA Appeal Fees, Order and Docket Sheet to US Court of Appeals re: 22 Notice of Appeal. (pjm) (Entered: 09/06/2016)

Sept. 6, 2016

Sept. 6, 2016

PACER
25

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM with Brief In Support by Brian P. Kemp. (Attachments: # 1 Brief)(Heidt, Josiah) (Entered: 09/06/2016)

Sept. 6, 2016

Sept. 6, 2016

PACER
26

MOTION to Stay by Brian P. Kemp. (Attachments: # 1 Text of Proposed Order)(Heidt, Josiah) (Entered: 09/06/2016)

Sept. 6, 2016

Sept. 6, 2016

PACER
27

USCA Acknowledgment of 22 Notice of Appeal filed by Roque De La Fuente. Case Appealed to USCA- 11th Circuit. Case Number 16-15880-G. (pjm) (Entered: 09/13/2016)

Sept. 13, 2016

Sept. 13, 2016

PACER
28

TRANSCRIPT of Proceedings held on 8/26/16 (Prelim Inj Hrg), before Judge Mark H. Cohen. Court Reporter/Transcriber Judith M. Wolff, Telephone number 404-215-1317. 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. Redaction Request due 10/12/2016. Redacted Transcript Deadline set for 10/24/2016. Release of Transcript Restriction set for 12/20/2016. (Attachments: # 1 Notice of Filing Transcript) (pjm) (Entered: 09/21/2016)

Sept. 21, 2016

Sept. 21, 2016

PACER
29

TRANSCRIPT ORDER FORM for proceedings held on 08/26/2016 (Motion Hrg) before Judge Mark Cohen, re: 22 Notice of Appeal. Court Reporter: Judith Wolff. Financial Arrangements due 10/11/16. (Sells, Bryan) Modified on 9/27/2016 to update text (pjm). (Entered: 09/26/2016)

Sept. 26, 2016

Sept. 26, 2016

PACER

Set/Reset Appeal Deadlines

Sept. 27, 2016

Sept. 27, 2016

PACER

Submission to District Judge

Sept. 27, 2016

Sept. 27, 2016

PACER
30

ORDER granting 26 Motion to Stay and the parties are relieved from their discovery obligations under Rules 16 and 26 of the Federal Rules of Civil Procedure and the Local Rules of this Court until this Court issues its Order on Defendant's motion to dismiss. Signed by Judge Mark H. Cohen on 10/4/16. (jpa) (Entered: 10/04/2016)

Oct. 4, 2016

Oct. 4, 2016

PACER
31

MOTION for Extension of Time to File a Response re: 25 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Roque De La Fuente. (Sells, Bryan) (Entered: 10/05/2016)

Oct. 5, 2016

Oct. 5, 2016

PACER
32

RESPONSE in Opposition re 31 MOTION for Extension of Time to File a Response re: 25 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Brian P. Kemp. (Heidt, Josiah) (Entered: 10/06/2016)

Oct. 6, 2016

Oct. 6, 2016

PACER
33

Certified copy of USCA ORDER: Appellants Emergency/Time Sensitive Motion for an Injunction Pending Appeal is DENIED. The Clerk is directed to treat any Motion for Reconsideration of this order as a non-emergency matter re: 22 Notice of Appeal filed by Roque De La Fuente. Case Appealed to USCA- 11th Circuit. Case Number 16-15880-G. (pjm) (Entered: 10/07/2016)

Oct. 7, 2016

Oct. 7, 2016

PACER
34

Court Reporter Acknowledgment re: 29 Transcript Order Form, filed by Roque De La Fuente. Case Appealed to USCA- 11th Circuit. Case Number 16-15880-G. Transcript is required. Court Reporter: Judith Wolff. Satisfactory financial arrangements completed and transcript is already on file. (pjm) (Entered: 10/18/2016)

Oct. 17, 2016

Oct. 17, 2016

PACER

Appeal Record Certified

Oct. 18, 2016

Oct. 18, 2016

PACER

Submission to District Judge

Oct. 25, 2016

Oct. 25, 2016

PACER
35

ORDER denying 31 Motion for Extension of Time. It is further ORDERED that Plaintiff shall file his response to Defendant's Motion to Dismiss within fourteen (14) days of the date of this Order, and Defendant shall file any reply brief no later than fourteen days after Plaintiffs response is filed.Signed by Judge Mark H. Cohen on 10/28/16. (jpa) (Entered: 10/28/2016)

Oct. 28, 2016

Oct. 28, 2016

PACER
36

Notice of Filing

Nov. 3, 2016

Nov. 3, 2016

PACER
37

RESPONSE re 25 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Roque De La Fuente. (Sells, Bryan) (Entered: 11/14/2016)

Nov. 14, 2016

Nov. 14, 2016

PACER
38

REPLY BRIEF re 25 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Brian P. Kemp. (Heidt, Josiah) (Entered: 12/01/2016)

Dec. 1, 2016

Dec. 1, 2016

PACER

Submission to District Judge

Dec. 2, 2016

Dec. 2, 2016

PACER
39

Petition for Leave of Absence for the following date(s): 12/15/2016,12/16/2016,12/17/2016,12/18/2016,12/19/2016,12/20/2016,12/21/2016,12/22/2016, 12/23/2016, by Bryan Ludington Sells. (Attachments: # 1 Text of Proposed Order)(Sells, Bryan) (Entered: 12/13/2016)

Dec. 13, 2016

Dec. 13, 2016

PACER
40

USCA Opinion received (AFFIRMED IN PART, DISMISSED IN PART) re: 22 Notice of Appeal filed by Roque De La Fuente. In accordance with FRAP 41(b), the USCA mandate will issue at a later date. Case Appealed to USCA- 11th Circuit. Case Number 16-15880-GG. (pjm) (Entered: 02/15/2017)

Feb. 15, 2017

Feb. 15, 2017

PACER
41

ORDER granting 25 Motion to Dismiss for Failure to State a Claim. It is further ORDERED that Plaintiff's Complaint [Doc. 1] is DISMISSED WITHOUT PREJUDICE. It is further ORDERED that Plaintiff shall have fourteen (14) days from the date of this Order in which to seek leave from this Court under Rule 15(a)(2) of the Federal Rules of Civil Procedure to file an Amended Complaint in this case. If Plaintiff elects to file such a motion, he shall attach a copy of the proposed Amended Complaint to that motion. If no such motion is filed within the time prescribed by this Order, Plaintiff's Complaint shall be DISMISSED WITH PREJUDICE. Signed by Judge Mark H. Cohen on 3/17/17. (jpa) (Entered: 03/17/2017)

March 17, 2017

March 17, 2017

PACER
42

Copy of JUDGMENT of USCA AFFIRMING IN PART, DISMISSING IN PART the decision of the District Court re: 22 Notice of Appeal filed by Roque De La Fuente Case Appealed to USCA Case Number 16-15880-GG. (jpa) (Entered: 03/20/2017)

March 20, 2017

March 20, 2017

PACER
43

First MOTION to Amend 1 Complaint for Mandamus Relief, with Brief In Support by Roque De La Fuente. (Attachments: # 1 Brief, # 2 Exhibit proposed first amended complaint)(Sells, Bryan) (Entered: 03/31/2017)

March 31, 2017

March 31, 2017

PACER
44

RESPONSE in Opposition re 43 First MOTION to Amend 1 Complaint for Mandamus Relief, filed by Brian P. Kemp. (Heidt, Josiah) (Entered: 04/14/2017)

April 14, 2017

April 14, 2017

PACER
45

REPLY to Response to Motion re 43 First MOTION to Amend 1 Complaint for Mandamus Relief, filed by Roque De La Fuente. (Attachments: # 1 Exhibit 1 - appellant's reply brief, # 2 Exhibit 2 - trial brief, # 3 Exhibit 3 - appellant's brief)(Sells, Bryan) (Entered: 04/28/2017)

April 28, 2017

April 28, 2017

PACER

Submission to District Judge

May 1, 2017

May 1, 2017

PACER
46

Motion for Leave to File

May 8, 2017

May 8, 2017

PACER
47

Response in Opposition to Motion

May 22, 2017

May 22, 2017

PACER

Submission to District Judge

June 9, 2017

June 9, 2017

PACER

Terminated Case

Oct. 13, 2017

Oct. 13, 2017

PACER
48

Order on Motion to Amend

Oct. 13, 2017

Oct. 13, 2017

PACER
49

Clerk's Judgment

Oct. 13, 2017

Oct. 13, 2017

PACER

Case Details

State / Territory: Georgia

Case Type(s):

Election/Voting Rights

Key Dates

Filing Date: Aug. 12, 2016

Closing Date: Oct. 13, 2017