Case: Brown v. Kentucky Legislative Research Commission

Brown v. Commonwealth of Kentucky

Brown v. Commonwealth of Kentucky

Brown v. Commonwealth of Kentucky

Brown v. Commonwealth of Kentucky

Brown v. Commonwealth of Kentucky

Brown v. Commonwealth of Kentucky

Brown v. Commonwealth of Kentucky

Brown v. Commonwealth of Kentucky

COMPLAINT (Filing fee $350; receipt number 0643-2626159), filed by Steve Arlinghaus, Lawrence Robinson, Kenny Brown, Cathy Flaig, Brett Gaspard, Kenneth Moellman, Garth Kuhnhein, Kenny Brown, Brandon Voelker, Garry Moore, Terry Donoghue, Phyllis Sparks, Timothy J. Jones. (Attachments: # (1) Exhibit A - 2010 Census Population KY House, # (2) Exhibit B - 2010 Census Population KY Senate, # (3) Civil Cover Sheet, # (4) Proposed Summons CW of Kentucky, # (5) Proposed Summons Steve Beshear, # (6) Proposed Summons Allison Grimes, # (7) Proposed Summons Greg Stumbo, # (8) Proposed Summons Robert Stivers, # (9) Proposed Summons KY Board of Elections, # (10) Proposed Summons KY Legeslative Research Commission, # (11) Proposed Summons Jack Conway, # (12) Case Assignment, # (13) Magistrate Case Assignment)(TDA)

1 Exhibit A - 2010 Census Population KY House

View on RECAP

2 Exhibit B - 2010 Census Population KY Senate

View on RECAP

3 Civil Cover Sheet

View on RECAP

4 Proposed Summons CW of Kentucky

View on RECAP

5 Proposed Summons Steve Beshear

View on RECAP

6 Proposed Summons Allison Grimes

View on RECAP

7 Proposed Summons Greg Stumbo

View on RECAP

8 Proposed Summons Robert Stivers

View on RECAP

9 Proposed Summons KY Board of Elections

View on RECAP

10 Proposed Summons KY Legeslative Research Commission

View on RECAP

11 Proposed Summons Jack Conway

View on RECAP

12 Case Assignment

View on RECAP

13 Magistrate Case Assignment

View on RECAP

SUMMONS ISSUED as to Steve Beshear, Jack Conway, Allison Lundergan Grimes, Kentucky Legislative Research Commission, Robert Stivers, Greg Stumbo, The Commonwealth of Kentucky, The Kentucky State Board of Elections; Summons issued and returned to counsel electronically. (TDA)

MAGISTRATE JUDGE J. GREGORY WEHRMAN chosen by random selection to handle matters that may be referred in this case.. (LST)

STANDING REFERRAL ORDER; 1)Case referred to Mag. Judge to supervise discovery and pretrial proceedings. Case to revert back to undersigned to hold final pretrial conference and trial; 2)Mag. Judge to conduct all pretrial/status conferences and rule on nondispositive motions. Dispositive motions and motions in limine to be referred by the Clerk of this Court to the undersigned. Final pretrial conference and trial also to be before the undersigned.. Signed by Judge William O. Bertelsman on 6/18/2010.(LST)cc: COR

Conflict Check run. (TDA)

NOTICE by Judge William O. Bertelesman pursuant to 22:2284(b)(1) requiring notification to the chief judge of the circuit regarding a request for a three-judge panel (SKV)

AMENDED NOTICE by Judge William O. Bertelesman pursuant to 28:2284 requiring notification to the chief judge of the circuit regarding a request for a three-judge panel [5](SKV) Modified text on 4/30/2013 (SKV).

SUMMONS Returned Executed by Steve Arlinghaus, Lawrence Robinson, Kenny Brown, Cathy Flaig, Brett Gaspard, Kenneth Moellman, Garth Kuhnhein, Kenny Brown, Brandon Voelker, Garry Moore, Terry Donoghue, Phyllis Sparks, Timothy J. Jones via Personal to The Commonwealth of Kentucky served on 4/29/2013, answer due 5/20/2013. (Wiest, Christopher)

SUMMONS Returned Executed by Steve Arlinghaus, Lawrence Robinson, Kenny Brown, Cathy Flaig, Brett Gaspard, Kenneth Moellman, Garth Kuhnhein, Brandon Voelker, Garry Moore, Terry Donoghue, Phyllis Sparks, Timothy J. Jones via Personal via Atty General to Steve Beshear served on 4/29/2013, answer due 5/20/2013. (Wiest, Christopher)

SUMMONS Returned Executed by Steve Arlinghaus, Lawrence Robinson, Kenny Brown, Cathy Flaig, Brett Gaspard, Kenneth Moellman, Garth Kuhnhein, Brandon Voelker, Garry Moore, Terry Donoghue, Phyllis Sparks, Timothy J. Jones via Personal via Atty General to Allison Lundergan Grimes served on 4/29/2013, answer due 5/20/2013. (Wiest, Christopher)

SUMMONS Returned Executed by Steve Arlinghaus, Lawrence Robinson, Kenny Brown, Cathy Flaig, Brett Gaspard, Kenneth Moellman, Garth Kuhnhein, Brandon Voelker, Garry Moore, Terry Donoghue, Phyllis Sparks, Timothy J. Jones via Personal via Atty General to Greg Stumbo served on 4/29/2013, answer due 5/20/2013. (Wiest, Christopher)

SUMMONS Returned Executed by Steve Arlinghaus, Lawrence Robinson, Kenny Brown, Cathy Flaig, Brett Gaspard, Kenneth Moellman, Garth Kuhnhein, Brandon Voelker, Garry Moore, Terry Donoghue, Phyllis Sparks, Timothy J. Jones via Personal via Atty General to Robert Stivers served on 4/29/2013, answer due 5/20/2013. (Wiest, Christopher)

SUMMONS Returned Executed by Steve Arlinghaus, Lawrence Robinson, Kenny Brown, Cathy Flaig, Brett Gaspard, Kenneth Moellman, Garth Kuhnhein, Brandon Voelker, Garry Moore, Terry Donoghue, Phyllis Sparks, Timothy J. Jones via Personal via Atty General to The Kentucky State Board of Elections served on 4/29/2013, answer due 5/20/2013. (Wiest, Christopher)

SUMMONS Returned Executed by Steve Arlinghaus, Lawrence Robinson, Kenny Brown, Cathy Flaig, Brett Gaspard, Kenneth Moellman, Garth Kuhnhein, Brandon Voelker, Garry Moore, Terry Donoghue, Phyllis Sparks, Timothy J. Jones via Personal via Atty General to Kentucky Legislative Research Commission served on 4/29/2013, answer due 5/20/2013. (Wiest, Christopher)

SUMMONS Returned Executed by Steve Arlinghaus, Lawrence Robinson, Kenny Brown, Cathy Flaig, Brett Gaspard, Kenneth Moellman, Garth Kuhnhein, Brandon Voelker, Garry Moore, Terry Donoghue, Phyllis Sparks, Timothy J. Jones via Personal to Jack Conway served on 4/29/2013, answer due 5/20/2013. (Wiest, Christopher)

NOTICE OF APPEARANCE by Steve Arlinghaus, Kenny Brown, Kenny Brown, Terry Donoghue, Cathy Flaig, Brett Gaspard, Timothy J. Jones, Garth Kuhnhein, Kenneth Moellman, Lawrence Robinson, Phyllis Sparks, Brandon Voelker. (Brueggemann, Richard)

ANSWER to [1] Complaint,,, by Greg Stumbo. (Attachments: # (1) Exhibit House Map, # (2) Exhibit An Act Relating to Redistricting, # (3) Exhibit House Plan Population Summary, # (4) Exhibit Senate Map, # (5) Exhibit Senate Population Map, # (6) Exhibit Senate District and Incumbent Report, # (7) Exhibit Senate Plan Population Report)(Whites, Anna)

1 Exhibit House Map

View on RECAP

2 Exhibit An Act Relating to Redistricting

View on RECAP

3 Exhibit House Plan Population Summary

View on RECAP

4 Exhibit Senate Map

View on RECAP

5 Exhibit Senate Population Map

View on RECAP

6 Exhibit Senate District and Incumbent Report

View on RECAP

7 Exhibit Senate Plan Population Report

View on RECAP

ANSWER to [1] Complaint,,, by Kentucky Legislative Research Commission.(Hendrix, Laura)

AGREED MOTION for Extension of Time to File Answer or Otherwise Respond to Plaintiff's Complaint by Robert Stivers Motions referred to J. Gregory Wehrman. (Attachments: # (1) Exhibit - Verified Complaint, # (2) Proposed Order)(Burke, Jessica) Modified to better describe on 5/20/2013 (LST).

1 Exhibit - Verified Complaint

View on RECAP

2 Proposed Order

View on RECAP

ANSWER to [1] Complaint,,, by Allison Lundergan Grimes, The Kentucky State Board of Elections.(Zellen, Lynn)

MOTION for Extension of Time to File Answer re [1] Complaint,,, by Jack Conway, The Commonwealth of Kentucky Motions referred to J. Gregory Wehrman. (Attachments: # (1) Proposed Order Agreed Order)(Barkley, Clay)

1 Proposed Order Agreed Order

View on RECAP

ANSWER to [1] Complaint,,, by Steve Beshear.(Barkley, Clay)

***MOTION SUBMITTED TO CHAMBERS of Magistrate Judge J. Gregory Wehrman for review: re 20 MOTION for Extension of Time to File Answer re 1 Complaint by Jack Conway, The Commonwealth of Kentucky, 18 MOTION for Extension of Time by Robert Stivers (LST)

ORDER: 1) The motion for extension of time [20] is granted as unopposed; and 2) Defendants the Commonweath of Kentucky and Jack Conway, Atty General of Kentucky, shall answer or otherwise respond to Pltfs' complaint by 6/10/2013. Signed by Magistrate Judge J. Gregory Wehrman on 5/21/2013. (ECO)cc: COR

ORDER:(1) The motion for extension of time [18] is granted as unopposed; (2) Defendant Robert Stivers shall answer or otherwise respond to plaintiffs complaint by June 10, 2013. Signed by Magistrate Judge J. Gregory Wehrman on 5/22/2013.(LMB)cc: COR Modified text on 5/22/2013 (LMB). Modified text on 5/23/2013 (LMB).

NOTICE OF APPEARANCE by Kentucky Legislative Research Commission. (Woosley, Gregory)

ORDER CONSTITUTING THREE-JUDGE COURT before Chief Judge Batchelder, Sixth Circuit: the Honorable Danny J. Boggs, United States Circuit Judge, Sixth Circuit Court of Appeals; the Honorable William O. Bertelsman, United States District Judge, Eastern District of Kentucky, and the Honorable Gregory F. Van Tatenhove, United States District Judge, Eastern District of Kentucky are designated to sit as a three-judge district court to hear and determine this action. (Attachments: # (1) Letter from Sixth Circuit) (SKV) cc: COR

1 Letter from Sixth Circuit

View on RECAP

FIRST MOTION to Consolidate Cases by Greg Stumbo Motions referred to J. Gregory Wehrman. (Attachments: # (1) Memorandum in Support, # (2) Proposed Order)(Whites, Anna)

1 Memorandum in Support

View on RECAP

2 Proposed Order

View on RECAP

ORDER: (1) Parties shall participate in a SCHEDULING CONFERENCE on 6/21/2013 at 1:00 PM in LEXINGTON. (2) At this Conference, be prepared to address all matters related to the expedited scheduling of this case including, (a) necessity of trial, (b) in event trial is necessary, an expedited scheduling and discovery framework to govern the progression of such a trial, (c) in event trial is not necessary, proper method of proceeding consistent w statutory framework invoked in this case. Signed by Judge Gregory F. VanTatenhove on 6/7/2013.(SCD)cc: COR,D

INCORRRECT FILED AS RESPONSE to Complaint filed by Robert Stivers. (Burke, Jessica) Please See docket entry [32] for the CORRECT ENTRY for this pleading Modified text on 6/12/2013 (LST).

NOTICE of Appearance by Stanton L. Cave on behalf of Robert Stivers (Cave, Stanton)

AGREED MOTION to Dismiss Defendant Jack Conway, Attorney General of Kentucky by Jack Conway (Attachments: # (1) Proposed Order Proposed Agreed Order)(Barkley, Clay) Modified to better describe on 6/11/2013 (LST). Modified to correct event type on 6/12/2013 (LST).

1 Proposed Order Proposed Agreed Order

View on RECAP

ANSWER to [1] Complaint,,, by The Commonwealth of Kentucky.(Barkley, Clay)

ANSWER to [1] Complaint, CROSSCLAIM against Allison Lundergan Grimes, Kentucky Legislative Research Commission, Steve Beshear, Jack Conway, The Kentucky State Board of Elections, Greg Stumbo, COUNTERCLAIM against Steve Arlinghaus, Kenny Brown, Terry Donoghue, Cathy Flaig, Brett Gaspard, Timothy J. Jones, Garth Kuhnhein, Kenneth Moellman, Garry Moore, Lawrence Robinson, Phyllis Sparks, Brandon Voelker by Robert Stivers. Filed Pursuant to QC re [28](LST)

***MOTION SUBMITTED TO CHAMBERS of Judge William O. Bertelsman, Judge Gregory F. VanTatenhove, Judge Danny J. Boggs for review: re 30 MOTION to Dismiss Defendant Jack Conway, Attorney General of Kentucky (LST) Modified to correct typo on 6/13/2013 (ECO).

NOTICE OF DOCKET MODIFICATION TO Jessica Burke re 28 RESPONSE; Error: the Answer/Crossclaim/Counterclaim was incorrectly filed using the event "response."; Entry by attorney; Correction: Clerk modified the docket text of 28 to state, "incorrectly filed." Clerk filed the Answer/Crossclaim/Counterclaim as 32 ;; In the future, contact the ECF help desk when assistance is needed to select the correct event. No further action required by counsel cc: COR (LST)

NOTICE OF DOCKET MODIFICATION TO Jessica Burke re 28 RESPONSE; Error: the Answer/Crossclaim/Counterclaim was incorrectly filed using the event "response."; Entry by attorney; Correction: Clerk modified the docket text of 28 to state, "incorrectly filed." Clerk filed the Answer/Crossclaim/Counterclaim as 32;; In the future, contact the ECF help desk when assistance is needed to select the correct event. No further action required by counsel cc: COR (LST)

RESPONSE to Motion re [26] FIRST MOTION to Consolidate Cases by Greg Stumbo Response of No Objection filed by Robert Stivers. (Burke, Jessica)

FIRST ANSWER to [32] TO CROSS-CLAIM AND COUNTERCLAIM OF PRESIDENT STIVERS by Greg Stumbo.(Whites, Anna) Modified text for better description on 7/2/2013 (CBD).

FIRST MOTION to Dismiss by Greg Stumbo (Attachments: # (1) Memorandum in Support, # (2) Proposed Order, # (3) Exhibit Prisoner population data)(Whites, Anna)

1 Memorandum in Support

View on RECAP

2 Proposed Order

View on RECAP

3 Exhibit Prisoner population data

View on RECAP

FIRST MOTION to Stay Further Action of This Court by Greg Stumbo Motions referred to J. Gregory Wehrman. (Attachments: # (1) Memorandum in Support, # (2) Proposed Order)(Whites, Anna) Modified to better describe on 6/18/2013 (LST).

1 Memorandum in Support

View on RECAP

2 Proposed Order

View on RECAP

RESPONSE to Motion re [26] FIRST MOTION to Consolidate Cases by Greg Stumbo filed by Allison Lundergan Grimes, The Kentucky State Board of Elections. (Zellen, Lynn)

RESPONSE in Opposition re [36] FIRST MOTION to Stay Further Action of this Court by Greg Stumbo filed by Steve Arlinghaus, Kenny Brown, Kenny Brown, Terry Donoghue, Cathy Flaig, Brett Gaspard, Timothy J. Jones, Garth Kuhnhein, Kenneth Moellman, Garry Moore, Lawrence Robinson, Phyllis Sparks, Brandon Voelker. (Attachments: # (1) Proposed Order)(Wiest, Christopher)

1 Proposed Order

View on RECAP

ANSWER to [32] COUNTERCLAIM OF ROBERT STIVERS by Steve Arlinghaus, Kenny Brown, Kenny Brown, Terry Donoghue, Cathy Flaig, Brett Gaspard, Timothy J. Jones, Garth Kuhnhein, Kenneth Moellman, Garry Moore, Lawrence Robinson, Phyllis Sparks, Brandon Voelker.(Wiest, Christopher) Modified text for better description on 7/2/2013 (CBD).

ORDER; 1)The Agreed [30] Motion to Dismiss is GRANTED and Jack Conway, Attorney General of the Commonwealth of Kentucky, is DISMISSED from this action. Signed by Judge Gregory F. VanTatenhove on 6/20/2013. (LST)cc: COR

ORDER; 1)Parties to prepare to address the pending [36] Motion to stay at the Scheduling Conference set for 6/21/2013 at 1:00pm at the U.S. Courthouse in Lexington, Ky. Signed by Judge Gregory F. VanTatenhove on 6/20/2013.(LST)cc: COR

RESPONSE in Opposition re [26] FIRST MOTION to Consolidate Cases by Greg Stumbo filed by Steve Arlinghaus, Kenny Brown, Kenny Brown, Terry Donoghue, Cathy Flaig, Brett Gaspard, Timothy J. Jones, Garth Kuhnhein, Kenneth Moellman, Garry Moore, Lawrence Robinson, Phyllis Sparks, Brandon Voelker. (Attachments: # (1) Proposed Order)(Wiest, Christopher) (Additional attachment(s) added on 6/21/2013: # (2) Correct Proposed Order) (LST).

1 Incorrect Proposed Order

View on RECAP

2 Correct Proposed Order

View on RECAP

NOTICE OF FILING CORRECTED PROPOSED ORDER TO [42] MEMORANDUM IN OPPOSITION TO MOTION TO CONSOLIDATE by Steve Arlinghaus, Kenny Brown, Kenny Brown, Terry Donoghue, Cathy Flaig, Brett Gaspard, Timothy J. Jones, Garth Kuhnhein, Kenneth Moellman, Garry Moore, Lawrence Robinson, Phyllis Sparks, Brandon Voelker (Attachments: # (1) Proposed Order Corrected)(Wiest, Christopher) Modified text for better description on 7/2/2013 (CBD).

1 Proposed Order Corrected

View on RECAP

REPLY IN SUPPORT OF [36] MOTION TO STAY filed by Greg Stumbo. (Attachments: # (1) Exhibit Executive Order calling for Extraordinary Session)(Whites, Anna) Modified text for better description on 7/2/2013 (CBD).

1 Exhibit Executive Order calling for Extraordinary Session

View on RECAP

REPLY IN SUPPORT OF [26] FIRST MOTION to Consolidate Cases filed by Greg Stumbo. (Whites, Anna) Modified text (for better description) on 7/2/2013 (CBD).

MINUTE ENTRY ORDER FOR SCHEDULING/STATUS CONFERENCE held on 6/21/2013 before Judges Danny J. Boggs, William O. Bertelsman, and Gregory F. Van Tatenhove: [26] Motion to Consolidate Cases, [36] Motion to Stay TAKEN UNDER ADVISEMENT.(Court Reporter Ann Banta.) (STB)cc: COR

ORDER: (1) GRANTING parties' [26] Motion to Consolidate Cases; (2) clerk is directed to add the parties in Herbert v. Kentucky State Board of Elections (3:13-cv-25) to docket in Brown v. Commonwealth (2:13-cv-68); (3) parties are directed to file all further filings in the docket for Brown v. Commonwealth (2:13-cv-68). Signed by Judge Gregory F. Van Tatenhove on 6/27/13. (KJR)cc: COR

MEMORANDUM OPINION & ORDER: (1) DENYING dft Greg Stumbo's 36 Motion to Stay; (2) a separate Scheduling Order shall issue directing the parties of the manner of proceeding & the expedited deadlines. Signed by Judge Gregory F. Van Tatenhove on 6/27/13. (KJR)cc: COR

SCHEDULING ORDER: Initial Discovery parties serve disclosures, interrogatories, etc., by 7/2/2013, responses to interrog & reqs to admit & compliance w/reqs for production are due by 7/9/13; discovery on non-party may be served pursuant to FRCP; expert reports due by 7/8/13; rebuttal reports due by 7/15/13; party wishing to depose another party's expert may do so between 7/15/13 - 7/22/13; depos of non-parties may be taken by 7/25/13; initial discovery due by 7/25/13; Initial Dispositive Motions due by 7/12/13; response w/in 14 days; reply 7 days after response. Final Discovery shall not begin until 8/23/2013; interrogatories, etc. served 8/28/13; responses due by 9/3/2013; Final Dispositive Motions parties shall file final statements on contentions regarding plans passed during Extraordinary Legislative Session due by 9/5/13 TO BE FILED simultaneously without response or reply; Pretrial 1. FINAL PRETRIAL CONFERENCE set for 9/18/2013 at 01:00 PM in LEXINGTON; 2. Pretrial Filings due by 9/13/2013 each as a separate document: proposed legislative redistricting maps, witness & exhibit lists, pretrial memorandum, motions on any objections made in any evidentiary depos; 3. NLT the Friday before the Final PTC counsel shall file written objections to the list of witnesses & exhibits & any motions in limine; 4. at the Final PTC counsel shall be prepared to display exhibits, advise Court exhibits displayed to opposing counsel, discuss stipulations, use the court's visual presentation system for exhibits, discuss settlement; 5. Court copies shall be submitted electronically to chambers of all three judges of proposed legislative maps, witness & exhibit lists in Word or WordPerfect format, if possible; Trial the BENCH TRIAL is set for 9/23/2013 at 09:30 AM in LEXINGTON. Extensions of Time NO EXTENSIONS shall be granted absent exceptional circumstances. Signed by Judge Gregory F. Van Tatenhove on 6/27/13. (KJR) cc: COR,D, Governor & KY Atty Gen (cert mail) Modified text on 6/28/2013 (KJR).

TRANSCRIPT of Proceedings: Scheduling Conference held on 6-21-13 before Judge William O. Bertelsman, Gregory F. Van Tatenhove, Daniel J. Boggs. Court Reporter: Ann Banta, Telephone number 502-545-1090. Transcript ordered by: Greg Woosley. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must follow the Court's policy regarding the Redaction Responsibility of Counsel and Parties. The policy governing the redaction of personal information is located on the court website at www.kyed.uscourts.gov. Read this policy carefully. Sample forms, i.e., a Notice of Intent to Redact, may be found on the court website by clicking on Local Forms. If there are no redactions requested, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available via PACER 90 days from today's date. The Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. Redaction Request due 7/25/2013. Redacted Transcript Deadline set for 8/5/2013. Release of Transcript Restriction set for 10/3/2013.

ANSWER to [32] Crossclaim by Allison Lundergan Grimes, The Kentucky State Board of Elections.(Zellen, Lynn) Modified text (clean-up only) on 7/2/2013 (CBD).

NOTICE of service re [49] Scheduling Order served by certified mail upon Governor Steve Beshear on 7/1/13 and Office of Attorney General on 7/1/13. (KJR)

NOTICE by Maryellen Allen, David Cross, Allison Lundergan Grimes, Allison L. Grimes, John W. Hampton, Stephen Huffman, Kentucky State Board of Elections, Denise May, George Russell, Roy Sizemore, The Kentucky State Board of Elections OF SERVICE OF FRCP 26(a)(1) DISCLOSURES AND INTERROGATORIES TO BROWN PLAINTIFFS (Zellen, Lynn) Modified text for better description on 7/3/2013 (CBD).

MOTION for Dale E. Ho to Appear Pro Hac Vice by Donald L. Allewalt, Jr, Linda Allewalt, Teena Halbig, Geri Herbert, Martin Herbert ( Filing fee $95; receipt number 0643-2684946) (Attachments: # (1) Affidavit, # (2) Proposed Order)(Sharp, William) Modified by removing referral language on 7/3/2013 (CBD).

1 Affidavit

View on RECAP

2 Proposed Order

View on RECAP

Attorney Update. Attorney Dale E. Ho for plaintiffs from Herbert, et al v. Kentucky State Board of Elections, Donald L. Allewalt, Linda Allewalt, Teena Halbig, Geri Herbert, Martin Herbert, added. (CBD) Modified typo on 7/3/2013 (CBD).

BAR STATUS Check completed as to Dale E. Ho re 54 MOTION for Dale E. Ho to Appear Pro Hac Vice by Donald L. Allewalt, Jr, Linda Allewalt, Teena Halbig, Geri Herbert, Martin Herbert ( Filing fee $95; receipt number 0643-2684946). (CBD)

***MOTION SUBMITTED TO CHAMBERS of Judge Van Tatenhove for review: re 54 MOTION for Dale E. Ho to Appear Pro Hac Vice by Donald L. Allewalt, Jr, Linda Allewalt, Teena Halbig, Geri Herbert, Martin Herbert ( Filing fee $95; receipt number 0643-2684946) (CBD)

ANSWER to [32] Crossclaim by Steve Beshear.(Barkley, Clay) Modified text for better description on 7/5/2013 (CBD).

MOTION to Modify Scheduling Order to Allow Parties to Exchange Final Expert Witness Reports after the August Special Session by Robert Stivers. (Attachments: # (1) Proposed Order Granting Motion to Modify Scheduling Order)(Cave, Stanton) Removed referral language Modified on 7/5/2013 (CBD).

1 Proposed Order Granting Motion to Modify Scheduling Order

View on RECAP

RESPONSE in Opposition re [56] MOTION to Modify Scheduling Order to Allow Parties to Exchange Final Expert Witness Reports after the August Special Session by Robert Stivers filed by Greg Stumbo. (Attachments: # (1) Proposed Order)(Whites, Anna)

1 Proposed Order

View on RECAP

RESPONSE (of Plaintiffs from Brown, et al v. Commonwealth, et al 2:13-cv-68) to Motion re [56] MOTION to Modify Scheduling Order to Allow Parties to Exchange Final Expert Witness Reports after the August Special Session by Robert Stivers filed by Kenny Brown, Kenny Brown, Terry Donoghue, Cathy Flaig, Brett Gaspard, Timothy J. Jones, Garth Kuhnhein, Kenneth Moellman, Garry Moore, Lawrence Robinson, Phyllis Sparks, Brandon Voelker. (Attachments: # (1) Proposed Order)(Wiest, Christopher) Modified text for better description on 7/8/2013 (CBD).

1 Proposed Order

View on RECAP

RESPONSE in Opposition re [35] FIRST MOTION to Dismiss Counterclaim/Cross-Claim by Greg Stumbo filed by Robert Stivers. (Attachments: # (1) Proposed Order)(Cave, Stanton) Modified text - description on 7/8/2013 (CBD).

1 Proposed Order

View on RECAP

Clerk's Note re 59 Response in Opposition to Motion: Clerk verified this date all attorney information in EDKY database as to Jessica A. Burke is correct and not to be changed for purposes of this action. (CBD)

ORDER: (1) The Motion of Defendant Robert Stivers, President of the Kentucky Senate, to Modify Scheduling Order to Permit Use of Expert Witnesses Following August Special Session [56] is GRANTED in part; (2) Because of the pendency of this motion, the deadline for disclosure ofexpert reports in advance ofthe Initial Dispositive Motion period is extended until Wednesday, July 10,2013; (3) The Parties shall have five days from the end ofthe Extraordinary Legislative Session, but in no event later than September 3, 2013, to supplement their Expert-Witness List and Expert Reports. Signed by Judge Gregory F. Van Tatenhove on 7/9/2013. (CBD)cc: COR

NOTICE OF APPEARANCE by The Commonwealth of Kentucky. (James, Matthew)

NOTICE by Allison Lundergan Grimes, Allison L. Grimes, Kentucky State Board of Elections, The Kentucky State Board of Elections OF SERVICE OF RESPONSES TO PLAINTIFFS' DISCOVERY REQUESTS (Zellen, Lynn) Modified text on 7/10/2013 (CBD).

MOTION to Dismiss Counter-Claims of Robert Stivers by Steve Arlinghaus, Kenny Brown, Kenny Brown, Terry Donoghue, Cathy Flaig, Brett Gaspard, Timothy J. Jones, Garth Kuhnhein, Kenneth Moellman, Garry Moore, Lawrence Robinson, Phyllis Sparks, Brandon Voelker due to (1) lack of ripeness; and (2) because the relief calls for an advisory opinion. (Attachments: # (1) Memorandum in Support, # (2) Proposed Order)(Wiest, Christopher) Modified by adding text to better describe pleading on 7/12/2013 (AKR).

1 Memorandum in Support

View on RECAP

2 Proposed Order

View on RECAP

MOTION to Dismiss by Steve Arlinghaus, Kenny Brown, Kenny Brown, Terry Donoghue, Cathy Flaig, Brett Gaspard, Timothy J. Jones, Garth Kuhnhein, Kenneth Moellman, Garry Moore, Lawrence Robinson, Phyllis Sparks, Brandon Voelker pursuant to FRCP 41(a)(2) their claims for money damages, their state law Constitutional claims, and their claims against Speaker Stumbo (and the Kentucky House) and President Stivers (and the Kentucky Senate), without prejudice. (Attachments: # (1) Memorandum in Support, # (2) Proposed Order)(Wiest, Christopher) Modified motion text to better describe pleading on 7/12/2013 (AKR).

1 Memorandum in Support

View on RECAP

2 Proposed Order

View on RECAP

AGREED MOTION to Dismiss the Commonwealth of Kentucky by The Commonwealth of Kentucky and counsel for plaintiffs (Attachments: # (1) Proposed Order)(Barkley, Clay) Modified text (description) on 7/12/2013 (CBD).

1 Proposed Order

View on RECAP

MOTION to Amend Complaint by Steve Arlinghaus, Kenny Brown, Kenny Brown, Terry Donoghue, Cathy Flaig, Brett Gaspard, Timothy J. Jones, Garth Kuhnhein, Kenneth Moellman, Garry Moore, Lawrence Robinson, Phyllis Sparks, Brandon Voelker, MOTION for Joinder by Steve Arlinghaus, Kenny Brown, Kenny Brown, Terry Donoghue, Cathy Flaig, Brett Gaspard, Timothy J. Jones, Garth Kuhnhein, Kenneth Moellman, Garry Moore, Lawrence Robinson, Phyllis Sparks, Brandon Voelker (Attachments: # (1) Memorandum in Support, # (2) Proposed Order, # (3) Exhibit Proposed Amended Complaint, # (4) Exhibit Exhibit A to Amended Complaint, # (5) Exhibit Exhibit B to Amended Complaint)(Wiest, Christopher) Removed ref. lang. on 7/12/2013 (CBD).

1 Memorandum in Support

View on RECAP

2 Proposed Order

View on RECAP

3 Exhibit Proposed Amended Complaint

View on RECAP

4 Exhibit Exhibit A to Amended Complaint

View on RECAP

5 Exhibit Exhibit B to Amended Complaint

View on RECAP

JOINT MOTION for Summary Judgment by Donald L. Allewalt, Jr, Linda Allewalt, Steve Arlinghaus, Kenny Brown, Terry Donoghue, Cathy Flaig, Brett Gaspard, Teena Halbig, Geri Herbert, Martin Herbert, Timothy J. Jones, Garth Kuhnhein, Kenneth Moellman, Garry Moore, Lawrence Robinson, Phyllis Sparks, Brandon Voelker (Attachments: # (1) Memorandum in Support, # (2) Exh. 1: McCully ltr, # (3) Exh. 2: Cooper Report, # (4) Exh. 3: Cooper CV, # (5) Exh. 4: Pop. Table, # (6) Exh. 5: Pop. Map, # (7) Exh. 6: HD Pop. Table, # (8) Exh. 7: HD Pop. Map, # (9) Exh. 8: HD Pop. Map Metro, # (10) Exh. 9: HD Dev. Table, # (11) Exh. 10: HD Dev. Map, # (12) Exh. 11: HD Dev. Map Metro, # (13) Exh. 12: SD Pop. Table, # (14) Exh. 13: SD Pop. Map, # (15) Exh. 14: SD Dev. Table, # (16) Exh. 15: SD Dev. Map, # (17) Exh. 16: Co. Splits Table, # (18) Exh. 17: Co. Splits Map, # (19) Exh. 18: ACLU Ltr, # (20) Exh. 19: SOS Ltr, # (21) Exh. 20: H-L Article, # (22) Exh. 21: LRC Fischer Resp., # (23) Exh. 22: Horton Declaration, # (24) Proposed Order)(Sharp, William) (Additional attachment(s) added on 7/12/2013: # (26) CORRECTED Exhibit 5, # (27) CORRECTED Exhibit 7, # (28) CORRECTED Exhibit 8, # (29) CORRECTED Exhibit 9, # (30) CORRECTED Exhibit 10, # (31) CORRECTED Exhibit 11, # (32) CORRECTED Exhibit 13, # (33) CORRECTED Exhibit 14, # (34) CORRECTED Exhibit 15, # (35) CORRECTED Exhibit 17) (CBD).

1 Memorandum in Support

View on RECAP

2 Exh. 1: McCully ltr

View on RECAP

3 Exh. 2: Cooper Report

View on RECAP

4 Exh. 3: Cooper CV

View on RECAP

5 Exh. 4: Pop. Table

View on RECAP

6 INCORRECT Exh. 5: Pop. Map

View on RECAP

7 Exh. 6: HD Pop. Table

View on RECAP

8 INCORRECT Exh. 7: HD Pop. Map

View on RECAP

9 INCORRECT Exh. 8: HD Pop. Map Metro

View on RECAP

10 INCORRECT Exh. 9: HD Dev. Table

View on RECAP

11 INCORRECT Exh. 10: HD Dev. Map

View on RECAP

12 INCORRECT Exh. 11: HD Dev. Map Metro

View on RECAP

13 Exh. 12: SD Pop. Table

View on RECAP

14 INCORRECT Exh. 13: SD Pop. Map

View on RECAP

15 INCORRECT Exh. 14: SD Dev. Table

View on RECAP

16 INCORRECT Exh. 15: SD Dev. Map

View on RECAP

17 Exh. 16: Co. Splits Table

View on RECAP

18 INCORRECT Exh. 17: Co. Splits Map

View on RECAP

19 Exh. 18: ACLU Ltr

View on RECAP

20 Exh. 19: SOS Ltr

View on RECAP

21 Exh. 20: H-L Article

View on RECAP

22 Exh. 21: LRC Fischer Resp.

View on RECAP

23 Exh. 22: Horton Declaration

View on RECAP

24 Proposed Order

View on RECAP

26 CORRECTED Exhibit 5 Pop. Map

View on RECAP

27 CORRECTED Exhibit 7 HD Pop. Map

View on RECAP

28 CORRECTED Exhibit 8 HD Pop. Map Metro

View on RECAP

29 CORRECTED Exhibit 9 HD Dev. Table

View on RECAP

30 CORRECTED Exhibit 10 HD Dev. Map

View on RECAP

31 CORRECTED Exhibit 11 HD Dev. Map Metro

View on RECAP

32 CORRECTED Exhibit 13 SD Pop. Map

View on RECAP

33 CORRECTED Exhibit 14 SD Dev. Table

View on RECAP

34 CORRECTED Exhibit 15 SD Dev. Map

View on RECAP

35 CORRECTED Exhibit 17 Co. Splits Map

View on RECAP

MOTION to Dismiss for failure to state a claim by Kentucky Legislative Research Commission (Attachments: # (1) Memorandum in Support Memorandum in Support, # (2) Proposed Order Proposed Order, # (3) Exhibit Ex 1-2012 HB 1 Population Summary Report, # (4) Exhibit Ex 2-Kentucky Supreme Court Order February 24, 2012, # (5) Exhibit Ex 3-Brown Plaintiffs Discovery Response, # (6) Exhibit Ex 4-LRC Appellate Brief)(Hendrix, Laura)

1 Memorandum in Support Memorandum in Support

View on RECAP

2 Proposed Order Proposed Order

View on RECAP

3 Exhibit Ex 1-2012 HB 1 Population Summary Report

View on RECAP

4 Exhibit Ex 2-Kentucky Supreme Court Order February 24, 2012

View on RECAP

5 Exhibit Ex 3-Brown Plaintiffs Discovery Response

View on RECAP

6 Exhibit Ex 4-LRC Appellate Brief

View on RECAP

MOTION to Dismiss by Steve Arlinghaus, Kenny Brown, Kenny Brown, Terry Donoghue, Cathy Flaig, Brett Gaspard, Timothy J. Jones, Garth Kuhnhein, Kenneth Moellman, Garry Moore, Lawrence Robinson, Phyllis Sparks, Brandon Voelker pursuant to FRCP 41(a)(2) to dismiss the LRC from this matter. (Attachments: # (1) Memorandum in Support, # (2) Proposed Order)(Wiest, Christopher)

1 Memorandum in Support

View on RECAP

2 Proposed Order

View on RECAP

MOTION for Judgment on the Pleadings by Kentucky State Board of Elections, The Kentucky State Board of Elections (Attachments: # (1) Memorandum in Support, # (2) Proposed Order)(Zellen, Lynn)

1 Memorandum in Support

View on RECAP

2 Proposed Order

View on RECAP

***MOTION SUBMITTED TO CHAMBERS of Judge Van Tatenhove for review: re 65 AGREED MOTION to Dismiss the Commonwealth of Kentucky (CBD)

NOTICE OF DOCKET MODIFICATION TO W. Sharp re 67 JOINT MOTION for Summary Judgment; Error: Pages of Exhibits 5, 7-11, 13-15 and 17 were scanned sideways; Entry by attorney; Correction: Clerk rotated the page(s) and entered the document as a separate attachment; At the browse screen within ECF, always open and view each PDF document before proceeding with the filing. No further action required of counsel as to this error. cc: COR (CBD)

REPLY in support of [35] Motion to Dismiss filed by Greg Stumbo. (Whites, Anna) Modified text (better description) on 7/16/2013 (CBD).

***MOTION SUBMITTED TO CHAMBERS of Judge Van Tatenhove for review: re 35 FIRST MOTION to Dismiss by Greg Stumbo . (AKR)

STIPULATION of Dismissal without prejudice, by the Herbert Plaintiffs of their claims against the organizational defendant, the Kentucky State Board of Elections by Maryellen Allen, David Cross, Allison L. Grimes, John W. Hampton, Stephen Huffman, Kentucky State Board of Elections, Denise May, George Russell, Roy Sizemore. (Zellen, Lynn) Modified text for better description on 7/25/2013 (CBD).

RESPONSE to Motion re [69] MOTION to Dismiss by Steve Arlinghaus, Kenny Brown, Kenny Brown, Terry Donoghue, Cathy Flaig, Brett Gaspard, Timothy J. Jones, Garth Kuhnhein, Kenneth Moellman, Garry Moore, Lawrence Robinson, Phyllis Sparks, Brandon Voelker pursuant to FRCP 41(a) filed by Kentucky Legislative Research Commission. (Attachments: # (1) Memorandum in Support, # (2) Proposed Order)(Hendrix, Laura)

1 Memorandum in Support

View on RECAP

2 Proposed Order

View on RECAP

RESPONSE in Opposition re [64] MOTION to Dismiss Pursuant to FRCP 41(a)(2) plaintiffs' claims for money damages, count II, President Stivers and Speaker Stumbo filed by Robert Stivers. (Burke, Jessica)

RESPONSE to Motion re [67] JOINT MOTION for Summary Judgment by Donald L. Allewalt, Jr, Linda Allewalt, Steve Arlinghaus, Kenny Brown, Terry Donoghue, Cathy Flaig, Brett Gaspard, Teena Halbig, Geri Herbert, Martin Herbert, Timothy J. Jones, Garth Kuhnhein, Kenneth Moellman, Gar filed by Kentucky Legislative Research Commission. (Attachments: # (1) Memorandum in Support, # (2) Proposed Order, # (3) Exhibit Ex 1-Brown Interrogatory Response, # (4) Exhibit Ex2-Redistricting Timetable, # (5) Exhibit Ex 3-Franklin Circuit Order Feb 7 2012, # (6) Exhibit Ex 4-Upton v. Begley, # (7) Exhibit Ex 5-Affidavit of Scott Hamilton, # (8) Exhibit Ex 6-2001 Legislative Calendar, # (9) Exhibit Ex 7-IJC State Government Minutes Aug 24 2011, # (10) Exhibit Ex 8-Elections TF Minutes Aug 23 2011, # (11) Exhibit Ex 9-IJC State Government Minutes Jun 29 2011, # (12) Exhibit Ex 10-IJC State Government Minutes Jul 21 2011, # (13) Exhibit Ex 11-2012 HB 1 Population Summary, # (14) Exhibit Ex 12-LRC Brief Fischer)(Hendrix, Laura)

1 Memorandum in Support

View on RECAP

2 Proposed Order

View on RECAP

3 Exhibit Ex 1-Brown Interrogatory Response

View on RECAP

4 Exhibit Ex2-Redistricting Timetable

View on RECAP

5 Exhibit Ex 3-Franklin Circuit Order Feb 7 2012

View on RECAP

6 Exhibit Ex 4-Upton v. Begley

View on RECAP

7 Exhibit Ex 5-Affidavit of Scott Hamilton

View on RECAP

8 Exhibit Ex 6-2001 Legislative Calendar

View on RECAP

9 Exhibit Ex 7-IJC State Government Minutes Aug 24 2011

View on RECAP

10 Exhibit Ex 8-Elections TF Minutes Aug 23 2011

View on RECAP

11 Exhibit Ex 9-IJC State Government Minutes Jun 29 2011

View on RECAP

12 Exhibit Ex 10-IJC State Government Minutes Jul 21 2011

View on RECAP

13 Exhibit Ex 11-2012 HB 1 Population Summary

View on RECAP

14 Exhibit Ex 12-LRC Brief Fischer

View on RECAP

NOTICE of Appearance by Jonathan T. Salomon on behalf of Maryellen Allen, David Cross, Allison L. Grimes, John W. Hampton, Stephen Huffman, Denise May, George Russell, Roy Sizemore, The Kentucky State Board of Elections (Salomon, Jonathan)

JOINT MOTION to Substitute Party by Allison Lundergan Grimes, The Kentucky State Board of Elections . (Attachments: # (1) Proposed Order)(Zellen, Lynn) Modified by removing referral on 7/26/2013 (AKR).

1 Proposed Order

View on RECAP

RESPONSE to Motion re [69] MOTION to Dismiss by Steve Arlinghaus, Kenny Brown, Kenny Brown, Terry Donoghue, Cathy Flaig, Brett Gaspard, Timothy J. Jones, Garth Kuhnhein, Kenneth Moellman, Garry Moore, Lawrence Robinson, Phyllis Sparks, Brandon Voelker pursuant to FRCP 41(a), [64] MOTION to Dismiss Pursuant to FRCP 41(a)(2) plaintiffs' claims for money damages, count II, President Stivers and Speaker Stumbo filed by Allison Lundergan Grimes, The Kentucky State Board of Elections. (Attachments: # (1) Proposed Order)(Zellen, Lynn)

1 Proposed Order

View on RECAP

RESPONSE in Opposition re [64] MOTION to Dismiss Pursuant to FRCP 41(a)(2) plaintiffs' claims for money damages, count II, President Stivers and Speaker Stumbo filed by Greg Stumbo. (Whites, Anna)

***FILE SUBMITTED TO CHAMBERS of Judge Van Tatenhove for review: 72 Stipulation of Dismissal without prejudice, by the Herbert Plaintiffs of their claims against the organizational defendant, the Kentucky State Board of Elections (CBD)

Attorney Update. Attorneys David B. Tachau & Katherine E. McKune for Maryellen Allen, David Cross, Allison Lundergan Grimes, John W. Hampton, Stephen Huffman, Maryellen Allen, David Cross, Denise May, George Russell, Roy Sizemore, The Kentucky State Board of Elections, added. (CBD)

RESPONSE in Opposition re [63] MOTION to Dismiss Counter-Claims of Robert Stivers filed by Robert Stivers. (Burke, Jessica)

RESPONSE to [67] Plaintiffs' Joint Motion for Summary Judgment filed by Maryellen Allen, David Cross, Allison Lundergan Grimes, Allison L. Grimes, John W. Hampton, Stephen Huffman, Denise May, George Russell, Roy Sizemore, The Kentucky State Board of Elections. (Attachments: # (1) Proposed Order)(Zellen, Lynn)

1 Proposed Order

View on RECAP

RESPONSE in Opposition re [70] MOTION for Judgment on the Pleadings by Kentucky State Board of Elections, The Kentucky State Board of Elections as moot filed by Steve Arlinghaus, Kenny Brown, Kenny Brown, Terry Donoghue, Cathy Flaig, Brett Gaspard, Timothy J. Jones, Garth Kuhnhein, Kenneth Moellman, Garry Moore, Lawrence Robinson, Phyllis Sparks, Brandon Voelker. (Attachments: # (1) Proposed Order)(Wiest, Christopher)

1 Proposed Order

View on RECAP

RESPONSE to Motion re [66] MOTION to Amend Complaint by Steve Arlinghaus, Kenny Brown, Kenny Brown, Terry Donoghue, Cathy Flaig, Brett Gaspard, Timothy J. Jones, Garth Kuhnhein, Kenneth Moellman, Garry Moore, Lawrence Robinson, Phyllis Sparks, Brandon Voelker MOTION for Joinder by Steve Arlinghaus, Kenny Brown, Kenny Brown, Terry Donoghue, Cathy Flaig, Brett Gaspard, Timothy J. Jones, Garth Kuhnhein, Kenneth Moellman, Garry Moore, Lawrence Robinson, Phyllis Sparks, Brandon Voelker filed by Allison Lundergan Grimes, The Kentucky State Board of Elections. (Attachments: # (1) Proposed Order)(Zellen, Lynn)

1 Proposed Order

View on RECAP

RESPONSE in Opposition re [67] JOINT MOTION for Summary Judgment by Donald L. Allewalt, Jr, Linda Allewalt, Steve Arlinghaus, Kenny Brown, Terry Donoghue, Cathy Flaig, Brett Gaspard, Teena Halbig, Geri Herbert, Martin Herbert, Timothy J. Jones, Garth Kuhnhein, Kenneth Moellman, Gar, [69] MOTION to Dismiss by Steve Arlinghaus, Kenny Brown, Kenny Brown, Terry Donoghue, Cathy Flaig, Brett Gaspard, Timothy J. Jones, Garth Kuhnhein, Kenneth Moellman, Garry Moore, Lawrence Robinson, Phyllis Sparks, Brandon Voelker pursuant to FRCP 41(a) filed by Greg Stumbo. (Whites, Anna)

RESPONSE in Opposition re [68] MOTION to Dismiss for failure to state a claim by Kentucky Legislative Research Commission filed by Steve Arlinghaus, Kenny Brown, Kenny Brown, Terry Donoghue, Cathy Flaig, Brett Gaspard, Timothy J. Jones, Garth Kuhnhein, Kenneth Moellman, Garry Moore, Lawrence Robinson, Phyllis Sparks, Brandon Voelker. (Attachments: # (1) Proposed Order)(Wiest, Christopher)

1 Proposed Order

View on RECAP

***MOTION SUBMITTED TO CHAMBERS of Judge Van Tatenhove for review: re 77 JOINT MOTION to Substitute Party by Allison Lundergan Grimes, The Kentucky State Board of Elections . (AKR)