Case: Constitution Party of Missouri v. St. Louis County

4:15-cv-00207 | U.S. District Court for the Eastern District of Missouri

Filed Date: Jan. 30, 2015

Closed Date: Jan. 27, 2016

Clearinghouse coding in progress

Case Summary

None

Documents in the Clearinghouse

No documents yet available via the Clearinghouse.

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4299561/constitution-party-of-missouri-v-st-louis-county/

Last updated June 25, 2022, 4:20 p.m.

ECF Number Description Date Link Date / Link
1

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

View on PACER

2 Original Case Filing Form

View on PACER

3 Exhibit Plaintiffs' Exhibit 1 - Redburn Declaration of Candidacy

View on PACER

4 *Restricted*

View on PACER

5 Exhibit Plaintiffs' Exhibit 3 - Constitution Party Nomination Letter

View on PACER

6 Exhibit Plaintiffs' Exhibit 4 - Wall Letter Rejecting Redburn Candidacy

View on PACER

7 Summons Kellett

View on PACER

8 Summons King

View on PACER

9 Summons Maupin

View on PACER

10 Summons Pluemer

View on PACER

11 Summons Board of Election

View on PACER

12 Summons St. Louis County

View on PACER

13 Summons Wall

View on PACER

Jan. 30, 2015

Jan. 30, 2015

RECAP
2

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)

Jan. 30, 2015

Jan. 30, 2015

PACER
3

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)

Feb. 6, 2015

Feb. 6, 2015

PACER
4

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)

Feb. 6, 2015

Feb. 6, 2015

PACER
5

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)

Feb. 6, 2015

Feb. 6, 2015

PACER
6

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)

Feb. 9, 2015

Feb. 9, 2015

PACER
7

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)

Feb. 9, 2015

Feb. 9, 2015

PACER
8

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)

Feb. 10, 2015

Feb. 10, 2015

PACER
9

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

View on RECAP

Feb. 10, 2015

Feb. 10, 2015

RECAP
10

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)

Feb. 11, 2015

Feb. 11, 2015

RECAP
11

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)

Feb. 11, 2015

Feb. 11, 2015

PACER
12

ENTRY of Appearance by Peter J. Krane for Defendant St. Louis County Missouri. (Krane, Peter) (Entered: 02/11/2015)

Feb. 11, 2015

Feb. 11, 2015

PACER
13

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)

Feb. 11, 2015

Feb. 11, 2015

PACER
14

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)

Feb. 12, 2015

Feb. 12, 2015

RECAP
24

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)

May 7, 2015

May 7, 2015

PACER
25

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)

June 25, 2015

June 25, 2015

RECAP
26

Defendant St. Louis County's Answer And Affirmative Defenses ANSWER to 1 Complaint,,, by St. Louis County Missouri.(Wasserman, Linda) (Entered: 07/08/2015)

July 8, 2015

July 8, 2015

PACER
27

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)

July 8, 2015

July 8, 2015

PACER
28

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)

Aug. 18, 2015

Aug. 18, 2015

PACER
29

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)

Aug. 18, 2015

Aug. 18, 2015

PACER
30

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)

Aug. 18, 2015

Aug. 18, 2015

PACER
31

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)

Jan. 27, 2016

Jan. 27, 2016

PACER
32

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)

Jan. 27, 2016

Jan. 27, 2016

RECAP

Case Details

State / Territory: Missouri

Case Type(s):

Election/Voting Rights

Key Dates

Filing Date: Jan. 30, 2015

Closing Date: Jan. 27, 2016