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1
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COMPLAINT for Declaratory and Injunctive Relief against defendant All Plaintiffs with receipt number 0865-4704700, in the amount of $400 Non-Jury Demand,, filed by Christopher Clegg, Cynthia L. Redburn, Shelley Clegg, George Blagoue, Gary Wiggins, William Renaud, Constitution Party of Missouri, Dan Fitzhenry, Terri Stoner. (Attachments: # 1 Civil Cover Sheet, # 2 Original Case Filing Form, # 3 Exhibit Plaintiffs' Exhibit 1 - Redburn Declaration of Candidacy, # 4 Exhibit Plaintiffs' Exhibit 2 - Redburn DOR Tax Affidavit, # 5 Exhibit Plaintiffs' Exhibit 3 - Constitution Party Nomination Letter, # 6 Exhibit Plaintiffs' Exhibit 4 - Wall Letter Rejecting Redburn Candidacy)(Roland, David) (Additional attachment(s) added on 1/30/2015: # 7 Summons Kellett, # 8 Summons King, # 9 Summons Maupin, # 10 Summons Pluemer, # 11 Summons Board of Election, # 12 Summons St. Louis County, # 13 Summons Wall) (BAK). (Entered: 01/30/2015)
1 Civil Cover Sheet
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2 Original Case Filing Form
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3 Exhibit Plaintiffs' Exhibit 1 - Redburn Declaration of Candidacy
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4 *Restricted*
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5 Exhibit Plaintiffs' Exhibit 3 - Constitution Party Nomination Letter
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6 Exhibit Plaintiffs' Exhibit 4 - Wall Letter Rejecting Redburn Candidacy
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7 Summons Kellett
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8 Summons King
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9 Summons Maupin
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10 Summons Pluemer
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11 Summons Board of Election
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12 Summons St. Louis County
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13 Summons Wall
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Jan. 30, 2015
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Jan. 30, 2015
Clearinghouse
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2
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NOTICE OF PROCESS SERVER by Plaintiffs George Blagoue, Christopher Clegg, Shelley Clegg, Constitution Party of Missouri, Dan Fitzhenry, Cynthia L. Redburn, William Renaud, Terri Stoner, Gary Wiggins Process Server: Robert Pedroli, III (BAK) (Entered: 01/30/2015)
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Jan. 30, 2015
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Jan. 30, 2015
PACER
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Case Opening Notification: 11 summons issued. The summons were emailed to attorney David Roland. Judge Assigned: U.S. District Judge Ronnie L. White. (BAK)
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Jan. 30, 2015
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Jan. 30, 2015
PACER
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3
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MOTION for Temporary Restraining Order by Plaintiffs George Blagoue, Christopher Clegg, Shelley Clegg, Constitution Party of Missouri, Dan Fitzhenry, Cynthia L. Redburn, William Renaud, Terri Stoner, Gary Wiggins. (Attachments: # 1 Affidavit Affidavit of Cynthia Redburn, # 2 Affidavit Affidavit of George Blagoue, # 3 Affidavit Affidavit of Christopher Clegg, # 4 Affidavit Affidavit of Shelley Clegg, # 5 Affidavit Affidavit of William Renaud, # 6 Affidavit Affidavit of Terri Stoner, # 7 Affidavit Affidavit of Gary Wiggins, # 8 Text of Proposed Order Proposed Order Issuing TRO, # 9 Attachment Notice of Motion for TRO)(Roland, David) (Entered: 02/06/2015)
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Feb. 6, 2015
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Feb. 6, 2015
PACER
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4
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MEMORANDUM in Support of Motion re 3 MOTION for Temporary Restraining Order filed by Plaintiffs George Blagoue, Christopher Clegg, Shelley Clegg, Constitution Party of Missouri, Dan Fitzhenry, Cynthia L. Redburn, William Renaud, Terri Stoner, Gary Wiggins. (Roland, David) (Entered: 02/06/2015)
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Feb. 6, 2015
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Feb. 6, 2015
PACER
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5
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NOTICE of Request for TRO Hearing by Plaintiffs George Blagoue, Christopher Clegg, Shelley Clegg, Constitution Party of Missouri, Dan Fitzhenry, Cynthia L. Redburn, William Renaud, Terri Stoner, Gary Wiggins (BRP) (Entered: 02/06/2015)
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Feb. 6, 2015
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Feb. 6, 2015
PACER
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6
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Docket Text ORDER: IT IS HEREBY ORDERED that the Court will hear Plaintiffs Motion for Temporary Restraining Order and Preliminary Injunction [ECF No. 3] on Wednesday, February 11, 2015 at 1:30 p.m. in Courtroom 10S. Signed by District Judge Ronnie L. White on 2/9/15. (JEB) (Entered: 02/09/2015)
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Feb. 9, 2015
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Feb. 9, 2015
PACER
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7
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ENTRY of Appearance by Darold E. Crotzer, Jr for Defendants Richard H. Kellett, John P. King, John W. Maupin, Ann Pleumer, St. Louis County Board of Election Commissioners, Mary Wall. (Crotzer, Darold) (Entered: 02/09/2015)
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Feb. 9, 2015
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Feb. 9, 2015
PACER
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8
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SUMMONS Returned Executed filed by Christopher Clegg, Cynthia L. Redburn, Shelley Clegg, George Blagoue, Gary Wiggins, William Renaud, Constitution Party of Missouri, Dan Fitzhenry, Terri Stoner. Richard H. Kellett served on 2/2/2015, answer due 2/23/2015; John P. King served on 2/2/2015, answer due 2/23/2015; John W. Maupin served on 2/2/2015, answer due 2/23/2015; Ann Pleumer served on 2/2/2015, answer due 2/23/2015; St. Louis County Board of Election Commissioners served on 2/2/2015, answer due 2/23/2015; St. Louis County Missouri served on 2/2/2015, answer due 2/23/2015; Mary Wall served on 2/2/2015, answer due 2/23/2015. (Roland, David) (Entered: 02/10/2015)
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Feb. 10, 2015
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Feb. 10, 2015
PACER
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9
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MOTION to Approve Consent Judgment by Plaintiffs George Blagoue, Christopher Clegg, Shelley Clegg, Constitution Party of Missouri, Dan Fitzhenry, Cynthia L. Redburn, William Renaud, Terri Stoner, Gary Wiggins. (Attachments: # 1 Text of Proposed Order Proposed Consent Judgment)(Roland, David) (Entered: 02/10/2015)
1 Text of Proposed Order Proposed Consent Judgment
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Feb. 10, 2015
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Feb. 10, 2015
Clearinghouse
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10
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CONSENT JUDGMENT...(SEE ORDER FOR COMPLETE DETAILS) IT IS FURTHER ORDERED that this Consent Judgment does not fully resolve the issues in the case, as it leaves open the question of whether St. Louis County Charter § 2.150, on its face, violates the First and Fourteenth Amendments by completely excluding minor parties and independent candidates from future special elections to fill vacancies on the St. Louis County Council. This issue is not moot and is still before the court for resolution because it is capable of repetition while evading review; the case shall proceed accordingly. IT IS SO ORDERED. Signed by District Judge Ronnie L. White on 2/11/2015. (NEB) (Entered: 02/11/2015)
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Feb. 11, 2015
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Feb. 11, 2015
Clearinghouse
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11
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Docket Text ORDER: Pursuant to the Consent Judgment [ECF No. 10] entered this date, the hearing for the Temporary Restraining Order set for today, February 11, 2015 at 1:30 p.m. is CANCELED. Signed by District Judge Ronnie L. White on 2/11/15. (JEB) (Entered: 02/11/2015)
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Feb. 11, 2015
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Feb. 11, 2015
PACER
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12
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ENTRY of Appearance by Peter J. Krane for Defendant St. Louis County Missouri. (Krane, Peter) (Entered: 02/11/2015)
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Feb. 11, 2015
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Feb. 11, 2015
PACER
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13
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Joint MOTION for Leave to File Joint Motion For Entry of Amended Judgment Without Objection by Defendant St. Louis County Missouri. (Attachments: # 1 Exhibit)(Krane, Peter) (Entered: 02/11/2015)
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Feb. 11, 2015
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Feb. 11, 2015
PACER
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14
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AMENDED JUDGMENT WITHOUT OBJECTION (re 10 Consent Judgment)... IT IS HEREBY ORDERED that Defendant St. Louis County Board of Election Commissioners, its officers, employees, or agents, and those acting on its behalf are preliminarily enjoined from enforcing St. Louis County Charter § 2.150, which only permits the Board of Election Commissioners to accept nominees selected by committees of the "the two parties casting the highest vote for governor in the last election" as candidates in a special election to fill a vacancy on the St. Louis County Council. Minor party or independent candidates wishing to run for the vacant Sixth County Council District seat in the April 7, 2015, special election may do so, as long as they comply with the requirements and deadlines established in Missouri statutes governing county-level special elections including, but not limited to, §§ 115.321, 115.325, and 115.329, RSMo. (SEE ORDER FOR COMPLETE DETAILS) Signed by District Judge Ronnie L. White on 2/12/2015. (NEB) (Entered: 02/12/2015)
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Feb. 12, 2015
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Feb. 12, 2015
Clearinghouse
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15
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ANSWER to 1 Complaint,,, by Richard H. Kellett, John P. King, John W. Maupin, Ann Pleumer, St. Louis County Board of Election Commissioners, Mary Wall.(Crotzer, Darold) (Entered: 02/23/2015)
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Feb. 23, 2015
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Feb. 23, 2015
PACER
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16
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ENTRY of Appearance by Linda Wasserman for Defendant St. Louis County Missouri. (Wasserman, Linda) (Entered: 02/23/2015)
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Feb. 23, 2015
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Feb. 23, 2015
PACER
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17
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MOTION to Dismiss Case by Defendant St. Louis County Missouri. (Wasserman, Linda) (Entered: 02/23/2015)
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Feb. 23, 2015
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Feb. 23, 2015
RECAP
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18
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MEMORANDUM in Support of Motion re 17 MOTION to Dismiss Case filed by Defendant St. Louis County Missouri. (Wasserman, Linda) (Entered: 02/23/2015)
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Feb. 23, 2015
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Feb. 23, 2015
PACER
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***REMARK regarding doc. 17 and 18 : The use of an attorney's electronic filing login and password to file a pleading, motion, memorandum or other document constitutes the signature of that attorney on that document for all purposes, including Fed.R.Civ.P. 11. ( See Local Rule 2.11 located on the court website.) (BRP)
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Feb. 24, 2015
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Feb. 24, 2015
PACER
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19
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MOTION for Entry of Clerk's Default against Defendants St. Louis County Board of Election Commissioners, Kellett, Pleumer, King, Maupin, and Wall by Plaintiffs George Blagoue, Christopher Clegg, Shelley Clegg, Constitution Party of Missouri, Dan Fitzhenry, Cynthia L. Redburn, William Renaud, Terri Stoner, Gary Wiggins. (Roland, David) (Entered: 02/26/2015)
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Feb. 26, 2015
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Feb. 26, 2015
PACER
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20
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MEMORANDUM in Opposition re 17 MOTION to Dismiss Case filed by Plaintiffs George Blagoue, Christopher Clegg, Shelley Clegg, Constitution Party of Missouri, Dan Fitzhenry, Cynthia L. Redburn, William Renaud, Terri Stoner, Gary Wiggins. (Roland, David) (Entered: 03/03/2015)
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March 3, 2015
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March 3, 2015
PACER
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21
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NOTICE by Plaintiffs George Blagoue, Christopher Clegg, Shelley Clegg, Constitution Party of Missouri, Dan Fitzhenry, Cynthia L. Redburn, William Renaud, Terri Stoner, Gary Wiggins re 20 Memorandum in Opposition to Motion, (Attachments: # 1 Certificate of Service for Plaintiffs' Memorandum Opposing St. Louis County Motion to Dismiss)(Roland, David) (Entered: 03/04/2015)
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March 4, 2015
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March 4, 2015
PACER
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22
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Clerk's DENIAL OF DEFAULT as to Defendants St. Louis County Board of Election Commissioners, Richard H. Kellett, John P. King,John W. Maupin, Ann Pleumer, and Mary Wall (JWJ) (Entered: 03/09/2015)
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March 9, 2015
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March 9, 2015
PACER
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23
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REPLY to Response to Motion re 17 MOTION to Dismiss Case filed by Defendant St. Louis County Missouri. (Wasserman, Linda) (Entered: 03/09/2015)
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March 9, 2015
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March 9, 2015
PACER
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24
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ENTRY of Appearance by Angela Bullock Gabel for Defendants Richard H. Kellett, John P. King, John W. Maupin, Ann Pleumer, St. Louis County Board of Election Commissioners, Mary Wall. (Gabel, Angela) (Entered: 05/07/2015)
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May 7, 2015
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May 7, 2015
PACER
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25
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MEMORANDUM AND ORDER... IT IS HEREBY ORDERED that Defendants' Motion to Dismiss (ECF No. 17 ) is DENIED. Signed by District Judge Ronnie L. White on 6/25/2015. (NEB) (Entered: 06/25/2015)
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June 25, 2015
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June 25, 2015
Clearinghouse
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26
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Defendant St. Louis County's Answer And Affirmative Defenses ANSWER to 1 Complaint,,, by St. Louis County Missouri.(Wasserman, Linda) (Entered: 07/08/2015)
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July 8, 2015
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July 8, 2015
PACER
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27
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RULE 16 ORDER: This case is assigned to Track: 2 (Standard). Joint Scheduling Plan due by 8/18/2015. Rule 16 Conference set for 8/25/2015 10:00 AM in Chambers before District Judge Ronnie L. White. Signed by District Judge Ronnie L. White on July 8, 2015. (BRP) (Entered: 07/08/2015)
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July 8, 2015
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July 8, 2015
PACER
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28
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JOINT SCHEDULING PLAN by Plaintiffs George Blagoue, Christopher Clegg, Shelley Clegg, Constitution Party of Missouri, Dan Fitzhenry, Cynthia L. Redburn, William Renaud, Terri Stoner, Gary Wiggins. . (Roland, David) (Entered: 08/18/2015)
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Aug. 18, 2015
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Aug. 18, 2015
PACER
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29
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Docket Text ORDER: IT IS HEREBY ORDERED that the Rule 16 Conference, previously scheduled for August 25, 2015 at 10:00 a.m., is CANCELED. The Court will issue a case management order based upon the parties' joint scheduling plan. Signed by District Judge Ronnie L. White on 8/18/15. (JEB) (Entered: 08/18/2015)
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Aug. 18, 2015
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Aug. 18, 2015
PACER
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30
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CASE MANAGEMENT ORDER: This case is assigned to Track: 2 (Standard). Discovery Completion due by 1/29/2016. Non-Dispositive Motions due by 2/9/2016. Dispositive Motions due by 1/29/2016. Bench Trial set for 6/30/2016 09:00 AM in Courtroom 10S before District Judge Ronnie L. White. Pretrial Compliance due by 6/20/2016. Motion in Limine due by 6/10/2016. Signed by District Judge Ronnie L. White on August 18, 2015. (BRP) (Entered: 08/18/2015)
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Aug. 18, 2015
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Aug. 18, 2015
PACER
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31
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MOTION to Approve Consent Judgment and Decree by Plaintiffs George Blagoue, Christopher Clegg, Shelley Clegg, Constitution Party of Missouri, Dan Fitzhenry, Cynthia L. Redburn, William Renaud, Terri Stoner, Gary Wiggins. (Attachments: # 1 Text of Proposed Order Proposed Consent Judgment and Decree)(Roland, David) (Entered: 01/27/2016)
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Jan. 27, 2016
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Jan. 27, 2016
PACER
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32
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CONSENT JUDGMENT and DECREE: IT IS HEREBY ORDERED, ADJUDGED AND DECREED that Defendant St. Louis County, Missouri and Defendant St. Louis County Board of Election Commissioners, their officers, employees, or agents, and those acting on their behalf or in concert with it, are permanently enjoined from enforcing the clause "the two parties casting the highest vote for governor in the last election" contained in Section 2.150 of the St. Louis County Charter, against any political candidate for a county office, in any election to fill vacancies on the St. Louis County Council. IT IS FURTHER ORDERED that Defendant St. Louis County, Missouri and Defendant St. Louis County Board of Election Commissioners shall be hereafter bound by the directives of Missouri law, as specifically set out in Section 115.321(4) RSMo, regarding the nomination of independent candidates and candidates of established political parties, for any county office, including vacancies on the St. Louis County Council. IT IS FURTHER ORDERED that Plaintiffs have and shall recover of Defendants $30,973.40 in attorney's fees and costs. IT IS SO ORDERED. Signed by District Judge Ronnie L. White on January 27, 2016. (BRP) (Entered: 01/27/2016)
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Jan. 27, 2016
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Jan. 27, 2016
RECAP
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