Case: League of United Latin American Citizens - Richmond Region Council 4614 v. Public Interest Legal Foundation

1:18-cv-00423 | U.S. District Court for the Eastern District of Virginia

Filed Date: April 12, 2018

Case Ongoing

Clearinghouse coding complete

Case Summary

This is a case about the allegedly false claims made in reports published by the Public Interest Legal Foundation accusing the named plaintiffs of committing voter fraud.  On April 12, 2018, the League of United Latin American Citizens (LULAC) and four private individuals filed this lawsuit in the United States District Court for the Eastern District of Virginia. The plaintiffs sued the Public Interest Legal Foundation (PILF) and its president under 42 U.S.C. § 1985(3), Section 11(b) of the Vot…

This is a case about the allegedly false claims made in reports published by the Public Interest Legal Foundation accusing the named plaintiffs of committing voter fraud. 

On April 12, 2018, the League of United Latin American Citizens (LULAC) and four private individuals filed this lawsuit in the United States District Court for the Eastern District of Virginia. The plaintiffs sued the Public Interest Legal Foundation (PILF) and its president under 42 U.S.C. § 1985(3), Section 11(b) of the Voting Rights Act, and state defamation law. Represented by attorneys from the Southern Coalition for Social Justice and Protect Democracy Project, as well as private and pro bono counsel, the plaintiffs sought declaratory relief; compensatory, consequential, and punitive damages; and attorneys' fees. The case was assigned to Judge Liam O'Grady and referred to Magistrate Judge Ivan D. Davis. 

In September 2016 and May 2017, PILF published two separate reports ("Alien Invasion I" and "Alien Invasion II") claiming that they had found more than 1,000 non-citizens illegally registered to vote in the State of Virginia. According to the complaint, the reports named the individual plaintiffs as among the illegal registrants and listed their personal information. In addition to publishing the reports online and to the media, the plaintiffs alleged that PILF submitted the reports to the Presidential Advisory Commission on Election Integrity and urged that the voters should be prosecuted for their alleged voter fraud, basing their allegations on the assertion that the people they accused had been removed from voter rolls for potentially being non-citizens. The complaint noted, however, that Virginia election officials had stressed that voters could be removed from the rolls for a variety of reasons, including regular paperwork errors. At the time the complaint was filed, the reports were still published online and were available for anyone to access. The plaintiffs alleged that this constituted voter intimidation because it would be reasonable for someone to fear online defamation if they were wrongly accused of voter fraud and to opt not to vote at all. 

The plaintiffs' first claim alleged that PILF conspired to intimidate voters through accusing them of committing voter fraud in violation of 42 U.S.C. § 1985(3). The plaintiffs argued that, by accusing the voters of committing a felony, the defendants hoped to deter them from voting because they would either be afraid of the repercussions of a felony accusation or because of public intimidation after the reports were published. 

The plaintiffs' second claim alleged that PILF violated Section 11(b) of the Voting Rights Act by publishing the reports accusing the plaintiffs of voter fraud with the purpose of intimidating them into refraining from further voting-related activities. 

The plaintiffs' third claim accused PILF of violating state defamation laws when they published the reports. The plaintiffs argued that the defendants' claims were false, were made without regard for their truth or falsity, and were made with the intent to damage the plaintiffs' reputation or with reckless disregard for the effects on the plaintiffs' reputation. 

On May 29, 2018, PILF moved to dismiss the complaint on several bases. First, PILF asserted that organizational plaintiff LULAC did not have standing because it had not shown a "concrete and demonstrable injury" to its organizational activities that constituted more than a simple inconvenience to its abstract social interest. The defendants argued that having to devote more time and resources was not evidence of the type of injury required to have standing. The defendants also asserted that the Voting Rights Act did not give the plaintiffs a right of action against them because they were non-government parties and that—even if they could be held liable under the Voting Rights Act—the plaintiffs were required to prove a specific intent to intimidate and make a showing of racial animus, which the defendants asserted they had not done. The defendants also argued that 42 U.S.C. § 1985(3) also only applied to government conduct and was therefore inapplicable. They further argued that the plaintiffs' defamation claim must fail since (1) the reports only linked to publicly available government documents and did not directly name the individual plaintiffs and (2) the plaintiffs did not allege any direct action by the defendants other than publication of the reports. Finally, the defendants argued that the defamation claim should fail because of Virginia's anti-SLAPP statute, which the defendants claimed accorded them qualified civil immunity. The defendants argued they were immune from defamation claims "based solely on statements ... regarding matters of public concern that would be protected under the First Amendment to the United States Constitution made by that person that are communicated to a third party." Va. Code § 8.01-223.2 (2017). Asserting that the reports served a public concern (election integrity), the defendants argued that there was a First Amendment right to engage in speech regarding the topic. 

On June 8, 2018, the Landmark Legal Foundation filed an amicus brief in support of the defendants' motion to dismiss. The Foundation argued that the suit could potentially have a chilling effect on organizations dedicated to protecting voter integrity and defended the First Amendment rights of public interest organizations committed to holding public officials and institutions accountable. 

On August 13, 2018, the court denied the defendants' motion to dismiss, finding that:

  • only one plaintiff needed to have standing in order for the case to proceed, and because all of the private individuals had standing there was no need to determine if LULAC had standing;
  • non-government entities could be sued under the Voting Rights Act because of the direct text found in the statute;
  • the defendants' argument that a showing of racial animus and specific intent was unsupported by the text of the Voting Rights Act;
  • the plaintiffs' 42 U.S.C. § 1985(3) claims survived dismissal because (1) they had sufficiently alleged facts supporting a claim of conspiracy and (2) the plaintiffs brought the claim under the "support and advocacy" clause and were not required to make a showing of a separate violation of a constitutional right or class-based discriminatory animus in order to bring their claim;
  • the plaintiffs had sufficiently satisfied all requirements to bring a defamation claim and, since the second report was essentially a republication of the first report, the defendants' assertion that the statute of limitations had passed was incorrect; and
  • the defendants' anti-SLAPP argument failed because the defendants had constructive knowledge that the assertions they made were false and therefore did not have qualified immunity.

2018 WL 3848404. 

On August 23, 2018, the plaintiffs filed a voluntarily dismissal of all claims with regard to one of the named plaintiffs. The following day, the court dismissed those claims without prejudice. 

On August 27, 2018, PILF filed a third-party complaint against the Virginia Department of Elections, the agency responsible for promoting and supporting secure elections for the citizens of Virginia. PILF asserted that the Department was responsible for the records listing people who had been removed from voter rolls for lack of citizenship that PILF had used to inform the reports they published. PILF argued that, in the event they were held liable for the plaintiffs' claims, the Department would actually be liable to the defendants. PILF argued that the Department failed to maintain accurate records, which caused the reports to contain incorrect information. 

On September 27, 2018, the Department filed a motion to dismiss for lack of jurisdiction and failure to state a claim. 

On October 11, 2018, PILF filed an amended third-party complaint. The amended complaint requested injunctive relief to stop the Department from removing voters from the voter rolls for being "non-citizens". The amended complaint also further detailed PILF's claim that the Department violated the National Voter Registration Act of 1993 (NVRA) by unlawfully removing eligible citizens from the voter rolls and by improperly maintaining the voter registration rolls. The same week, the Department moved to dismiss the amended third-party complaint for failure to state a claim and lack of jurisdiction.

On November 27, 2018, the court granted the Department's motion to dismiss the third-party complaint, finding that the third-party claim was improper because (1) the NVRA claim PILF brought against the Department was not part of the plaintiffs' original claim and was therefore a separate action; (2) PILF's argument was that the Department was also liable to the plaintiffs, not that the Department was derivatively liable; and (3) PILF brought independent claims seeking declaratory or injunctive relief, not contribution or indemnification. 2018 WL 10498655.

On June 14, 2019, PILF moved for summary judgment on all claims. As to the defamation claim, the defendants argued that the court's earlier determination that the statute of limitations had not lapsed was based on an incorrect reading of precedent and that the case cited by the court actually held that "claims arising from the statement that predated the limitations period are indisputably time-barred." Dragulescu v. Va. Union Univ., 223 F. Supp. 3d 499 (E.D. Va. 2016). The defendants also argued that the defamation claim was invalid because:

  • statements that the plaintiffs were identified as non-citizens in voter records provided by election officials were, even if erroneous, privileged reports of official records;
  • statements that voting or registering to vote as a non-citizen is a felony are true descriptions of federal and state law;
  • taken as a whole, the report did not state or reasonably imply that the named plaintiffs were felons;
  • the plaintiffs had not suffered any actual injury; and
  • the anti-SLAPP statute rendered them immune. 

The defendants also argued that the two statutory claims should be dismissed. They first reasserted their claim that LULAC had no standing. Second, PILF argued that the plaintiffs were required to show that the defendants had interfered with their participation in the election through force or intimidation and that the First Amendment barred the plaintiffs' claims because PILF had merely engaged in pure speech. 

On June 25, 2019, after a conference with all of the parties, the court stayed all proceedings until August 1, 2019 and cancelled an upcoming summary judgment hearing. 

On July 22, 2019, the parties notified the court that they had entered into a settlement agreement and jointly stipulated to dismissal of the action. The court dismissed all of the claims with prejudice the following day. The terms of the settlement agreement were not made public, but according to information available on the various websites of the plaintiffs' counsel, PILF agreed to:

  • remove from their websites all exhibits to the relevant publications referencing individual registrants—thereby protecting the identity and personal information of over 5,000 people—and commit to never again publish or disseminate those exhibits;
  • provide a written apology to to the plaintiffs;
  • add a statement to the front of each publication, to the extent the defendants still made them available, reading in part: “PILF recognizes that individuals in [the removed exhibits] were in fact citizens and that these citizens did not commit felonies. PILF profoundly regrets any characterization of those registrants as felons or instances of registration or voting as felonies.”; and
  • redact personally identifying information to prevent innocent Virginians from being doxed (and exposed to threats and harassment) or defamed in the future, in the event PILF ever again published on the subject of Virginia and purported non-citizen registrants or voters. 

The district court retained jurisdiction to enforce the terms of the settlement agreement.

Summary Authors

Rhea Sharma (11/15/2022)

Documents in the Clearinghouse

Document
1

1:18-cv-00423

Complaint

League of United Latin American Citizens - Richmond Region Council 4614 v. Public Interest

April 12, 2018

April 12, 2018

Complaint
63

1:18-cv-00423

Memorandum Opinion and Order

Aug. 13, 2018

Aug. 13, 2018

Order/Opinion
66

1:18-cv-00423

Defendants' Answer, Affirmative Defenses, and Third-Party Complaint

Aug. 27, 2018

Aug. 27, 2018

Pleading / Motion / Brief
73

1:18-cv-00423

Defendants' Amended Third-Party Complaint for Injunctive and Declaratory Relief and Attorneys' Fees

League of United Latin American Citizens- Richmond Region Council 4614 v. Public Interest Legal Foundation

Oct. 11, 2018

Oct. 11, 2018

Complaint
87

1:18-cv-00423

Memorandum Opinion and Order

Nov. 27, 2018

Nov. 27, 2018

Order/Opinion
217

1:18-cv-00423

Stipulation and Order of Dismissal with Prejudice

July 22, 2019

July 22, 2019

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/7654715/league-of-united-latin-american-citizens-richmond-region-council-4614-v/

Last updated Jan. 19, 2023, 3:22 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against J. Christian Adams, Public Interest Legal Foundation ( Filing fee $ 400, receipt number 0422-6035086.), filed by League of United Lation American Citizens - Richmond Region Council 4614, Eliud Bonilla, Abby Jo Gearhart, Jeanne Rosen, Luciania Freeman. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Civil Cover Sheet)(dvanm, ) (Entered: 04/12/2018)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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5 Civil Cover Sheet

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April 12, 2018

April 12, 2018

Clearinghouse
2

Financial Interest Disclosure Statement (Local Rule 7.1) by League of United Lation American Citizens - Richmond Region Council 4614. (dvanm, ) (Entered: 04/12/2018)

April 12, 2018

April 12, 2018

PACER
3

Summons Issued as to J. Christian Adams, Public Interest Legal Foundation. NOTICE TO ATTORNEY: Print out two electronically issued summons and one copy of the attachments for each defendant to be served with the complaint. (Attachments: # 1 Summons - Public Interest Legal Foundation, # 2 Summons - J. Christian Adams)(dvanm, ) (Entered: 04/12/2018)

April 12, 2018

April 12, 2018

PACER
4

SUMMONS Returned Executed by League of United Lation American Citizens - Richmond Region Council 4614, Eliud Bonilla, Abby Jo Gearhart, Jeanne Rosen, Luciania Freeman Public Interest Legal Foundation served on 4/16/2018, answer due 5/7/2018 (dvanm, ) (Entered: 04/19/2018)

April 19, 2018

April 19, 2018

PACER
5

NOTICE of Appearance by Nicole Marie Cleminshaw on behalf of Eliud Bonilla, Luciania Freeman, Abby Jo Gearhart, League of United Lation American Citizens - Richmond Region Council 4614, Jeanne Rosen (Cleminshaw, Nicole) (Entered: 04/19/2018)

April 19, 2018

April 19, 2018

PACER
6

Motion to appear Pro Hac Vice by Andrew Carl Hanson and Certification of Local Counsel Nicole Cleminshaw Filing fee $ 75, receipt number 0422-6047360. by Eliud Bonilla, Luciania Freeman, Abby Jo Gearhart, League of United Lation American Citizens - Richmond Region Council 4614, Jeanne Rosen. (Cleminshaw, Nicole) (Entered: 04/19/2018)

April 19, 2018

April 19, 2018

PACER
7

Motion to appear Pro Hac Vice by Geoffrey McIntyre Wyatt and Certification of Local Counsel Anisa A. Somani Filing fee $ 75, receipt number 0422-6047372. by Eliud Bonilla, Luciania Freeman, Abby Jo Gearhart, League of United Lation American Citizens - Richmond Region Council 4614, Jeanne Rosen. (Somani, Anisa) (Entered: 04/19/2018)

April 19, 2018

April 19, 2018

PACER
8

Motion to appear Pro Hac Vice by Sean Michael Tepe and Certification of Local Counsel Anisa A. Somani Filing fee $ 75, receipt number 0422-6047381. by Eliud Bonilla, Luciania Freeman, Abby Jo Gearhart, League of United Lation American Citizens - Richmond Region Council 4614, Jeanne Rosen. (Somani, Anisa) (Entered: 04/19/2018)

April 19, 2018

April 19, 2018

PACER
9

Motion to appear Pro Hac Vice by Alanna Gayle Kaufman and Certification of Local Counsel Anisa A. Somani Filing fee $ 75, receipt number 0422-6047386. by Eliud Bonilla, Luciania Freeman, Abby Jo Gearhart, League of United Lation American Citizens - Richmond Region Council 4614, Jeanne Rosen. (Somani, Anisa) (Entered: 04/19/2018)

April 19, 2018

April 19, 2018

PACER
10

Motion to appear Pro Hac Vice by Allison Jean Riggs and Certification of Local Counsel Anisa A. Somani Filing fee $ 75, receipt number 0422-6047392. by Eliud Bonilla, Luciania Freeman, Abby Jo Gearhart, League of United Lation American Citizens - Richmond Region Council 4614, Jeanne Rosen. (Somani, Anisa) (Entered: 04/19/2018)

April 19, 2018

April 19, 2018

PACER
11

Motion to appear Pro Hac Vice by Andrew G. Celli, Jr. and Certification of Local Counsel Anisa A. Somani Filing fee $ 75, receipt number 0422-6047398. by Eliud Bonilla, Luciania Freeman, Abby Jo Gearhart, League of United Lation American Citizens - Richmond Region Council 4614, Jeanne Rosen. (Somani, Anisa) (Entered: 04/19/2018)

April 19, 2018

April 19, 2018

PACER
12

Motion to appear Pro Hac Vice by Cameron Oatman Kistler and Certification of Local Counsel Anisa A. Somani Filing fee $ 75, receipt number 0422-6047402. by Eliud Bonilla, Luciania Freeman, Abby Jo Gearhart, League of United Lation American Citizens - Richmond Region Council 4614, Jeanne Rosen. (Somani, Anisa) (Entered: 04/19/2018)

April 19, 2018

April 19, 2018

PACER
13

Motion to appear Pro Hac Vice by Jaclyn A. Maffetore and Certification of Local Counsel Anisa A. Somani Filing fee $ 75, receipt number 0422-6047405. by Eliud Bonilla, Luciania Freeman, Abby Jo Gearhart, League of United Lation American Citizens - Richmond Region Council 4614, Jeanne Rosen. (Somani, Anisa) (Entered: 04/19/2018)

April 19, 2018

April 19, 2018

PACER
14

Motion to appear Pro Hac Vice by Jeffrey Loperfido and Certification of Local Counsel Anisa A. Somani Filing fee $ 75, receipt number 0422-6047408. by Eliud Bonilla, Luciania Freeman, Abby Jo Gearhart, League of United Lation American Citizens - Richmond Region Council 4614, Jeanne Rosen. (Somani, Anisa) (Entered: 04/19/2018)

April 19, 2018

April 19, 2018

PACER
15

ORDER granting 6 Motion for Pro hac vice. Signed by District Judge Liam O'Grady on 04/23/2018. (dvanm, ) (Entered: 04/24/2018)

April 23, 2018

April 23, 2018

PACER
16

ORDER granting 7 Motion for Pro hac vice. Signed by District Judge Liam O'Grady on 04/23/2018. (dvanm, ) (Entered: 04/24/2018)

April 23, 2018

April 23, 2018

PACER
17

ORDER granting 8 Motion for Pro hac vice. Signed by District Judge Liam O'Grady on 04/23/2018. (dvanm, ) (Entered: 04/24/2018)

April 23, 2018

April 23, 2018

PACER
18

ORDER granting 9 Motion for Pro hac vice. Signed by District Judge Liam O'Grady on 04/23/2018. (dvanm, ) (Entered: 04/24/2018)

April 23, 2018

April 23, 2018

PACER
19

ORDER granting 10 Motion for Pro hac vice. Signed by District Judge Liam O'Grady on 04/23/2018. (dvanm, ) (Entered: 04/24/2018)

April 23, 2018

April 23, 2018

PACER
20

ORDER granting 11 Motion for Pro hac vice. Signed by District Judge Liam O'Grady on 04/23/2018. (dvanm, ) (Entered: 04/24/2018)

April 23, 2018

April 23, 2018

PACER
21

ORDER granting 12 Motion for Pro hac vice. Signed by District Judge Liam O'Grady on 04/23/2018. (dvanm, ) (Entered: 04/24/2018)

April 23, 2018

April 23, 2018

PACER
22

ORDER granting 13 Motion for Pro hac vice. Signed by District Judge Liam O'Grady on 04/23/2018. (dvanm, ) (Entered: 04/24/2018)

April 23, 2018

April 23, 2018

PACER
23

ORDER granting 14 Motion for Pro hac vice. Signed by District Judge Liam O'Grady on 04/23/2018. (dvanm, ) (Entered: 04/24/2018)

April 23, 2018

April 23, 2018

PACER
24

SUMMONS Returned Executed by Eliud Bonilla, Abby Jo Gearhart, Jeanne Rosen, League of United Latin American Citizens - Richmond Region Council 4614, Luciania Freeman J. Christian Adams served on 4/17/2018, answer due 5/8/2018. (dvanm, ) (Entered: 04/25/2018)

April 24, 2018

April 24, 2018

PACER
25

NOTICE of Appearance by Michael J. Lockerby on behalf of J. Christian Adams, Public Interest Legal Foundation (Lockerby, Michael) (Entered: 05/04/2018)

May 4, 2018

May 4, 2018

PACER
26

NOTICE of Appearance by Michael J. Lockerby on behalf of J. Christian Adams, Public Interest Legal Foundation (Lockerby, Michael) (Entered: 05/07/2018)

May 7, 2018

May 7, 2018

PACER
27

MOTION for Extension of Time to File Answer re 1 Complaint, by J. Christian Adams, Public Interest Legal Foundation. (Attachments: # 1 Proposed Order)(Lockerby, Michael) (Entered: 05/07/2018)

May 7, 2018

May 7, 2018

PACER

Notice of Correction

May 7, 2018

May 7, 2018

PACER

Notice of Correction re 25 Notice of Appearance. The filing user has been notified that document 25 is an incorrectly saved PDF fillable form and has been removed. The filing user was directed to refile the document. (dvanm, )

May 7, 2018

May 7, 2018

PACER
28

ORDER - This MATTER is before the Court on Defendants' Unopposed Motion for Extension of Time to File Pleadings Responsive to Plaintiffs' Complaint and for Plaintiffs to Respond to Potential Defendants' Motion to Dismiss 27 . This matter can be resolved without oral argument, as such argument would not aid the decisional process. It is hereby ORDERED that Defendants' Motion 27 is GRANTED in part and DENIED in part. The Motion is granted as to a 21-day extension for Defendants to file a responsive pleading. Defendants are directed to file a responsive pleading by no later than 5:00 p.m. on May 29, 2018. The Motion is denied in all other respects. Signed by Magistrate Judge Ivan D. Davis on 05/08/2018. (lgue, ) (Entered: 05/08/2018)

May 8, 2018

May 8, 2018

PACER
29

MEMORANDUM re: MOTION to Dismiss Under Rule 12(b)(6) by Public Interest Legal Foundation. (Lockerby, Michael) Modified to correct event title on 5/30/2018 (dvanm, ). (Entered: 05/29/2018)

May 29, 2018

May 29, 2018

RECAP
30

MOTION to Dismiss Under Rule 12(b)(6) by Public Interest Legal Foundation. (Lockerby, Michael) (Entered: 05/29/2018)

May 29, 2018

May 29, 2018

RECAP
31

MOTION to Dismiss for Failure to State a Claim (Defendants' Rule 12(b)(6) Motion to Dismiss) by J. Christian Adams, Public Interest Legal Foundation. (Lockerby, Michael) (Entered: 05/29/2018)

May 29, 2018

May 29, 2018

RECAP
32

Notice of Hearing Date (June 22, 2018) re 31 MOTION to Dismiss for Failure to State a Claim (Defendants' Rule 12(b)(6) Motion to Dismiss) (Lockerby, Michael) (Entered: 05/29/2018)

May 29, 2018

May 29, 2018

PACER
33

Memorandum in Support re 31 MOTION to Dismiss for Failure to State a Claim (Defendants' Rule 12(b)(6) Motion to Dismiss) filed by J. Christian Adams, Public Interest Legal Foundation. (Lockerby, Michael) (Entered: 05/29/2018)

May 29, 2018

May 29, 2018

RECAP

Set Motion and R&R Deadlines/Hearings

May 30, 2018

May 30, 2018

PACER

Set Deadline as to 31 MOTION to Dismiss for Failure to State a Claim (Defendants' Rule 12(b)(6) Motion to Dismiss). Motion Hearing set for 6/22/2018 at 10:00 AM in Alexandria Courtroom 1000 before District Judge Liam O'Grady. (jlan)

May 30, 2018

May 30, 2018

PACER
34

Financial Interest Disclosure Statement (Local Rule 7.1) by Public Interest Legal Foundation. (Lockerby, Michael) (Entered: 06/04/2018)

June 4, 2018

June 4, 2018

PACER
35

Motion to appear Pro Hac Vice by Samuel Block Levor and Certification of Local Counsel Anisa A. Somani Filing fee $ 75, receipt number 0422-6119155. by Eliud Bonilla, Luciania Freeman, Abby Jo Gearhart, League of United Latin American Citizens - Richmond Region Council 4614, Jeanne Rosen. (Somani, Anisa) (Entered: 06/06/2018)

June 6, 2018

June 6, 2018

PACER
36

Motion to appear Pro Hac Vice by Lauren Alexandra Eisenberg and Certification of Local Counsel Anisa A. Somani Filing fee $ 75, receipt number 0422-6119197. by Eliud Bonilla, Luciania Freeman, Abby Jo Gearhart, League of United Latin American Citizens - Richmond Region Council 4614, Jeanne Rosen. (Somani, Anisa) (Entered: 06/06/2018)

June 6, 2018

June 6, 2018

PACER
37

Motion to appear Pro Hac Vice by Zachary Warren Martin and Certification of Local Counsel Nicole M. Cleminshaw Filing fee $ 75, receipt number 0422-6119238. by Eliud Bonilla, Luciania Freeman, Abby Jo Gearhart, League of United Latin American Citizens - Richmond Region Council 4614, Jeanne Rosen. (Cleminshaw, Nicole) (Entered: 06/06/2018)

June 6, 2018

June 6, 2018

RECAP
38

Motion to appear Pro Hac Vice by Laurence Michael Schwartztol and Certification of Local Counsel Anisa A. Somani Filing fee $ 75, receipt number 0422-6119297. by Eliud Bonilla, Luciania Freeman, Abby Jo Gearhart, League of United Latin American Citizens - Richmond Region Council 4614, Jeanne Rosen. (Somani, Anisa) (Entered: 06/06/2018)

June 6, 2018

June 6, 2018

PACER
39

Motion to appear Pro Hac Vice by William Earl Davis and Certification of Local Counsel Michael J. Lockerby Filing fee $ 75, receipt number 0422-6120584. by J. Christian Adams, Public Interest Legal Foundation. (Lockerby, Michael) (Entered: 06/07/2018)

June 7, 2018

June 7, 2018

PACER
40

Motion to appear Pro Hac Vice by Ana Romes and Certification of Local Counsel Michael J. Lockerby Filing fee $ 75, receipt number 0422-6120643. by J. Christian Adams, Public Interest Legal Foundation. (Lockerby, Michael) (Entered: 06/07/2018)

June 7, 2018

June 7, 2018

PACER
44

ORDER granting 35 Motion for Pro hac vice by Samuel Block Levor. Signed by District Judge Liam O'Grady on 6/7/18. (gwalk, ) (Entered: 06/09/2018)

June 7, 2018

June 7, 2018

PACER
45

ORDER granting 36 Motion for Pro hac vice by Lauren Alexandra Eisenberg. Signed by District Judge Liam O'Grady on 6/7/18. (gwalk, ) (Entered: 06/09/2018)

June 7, 2018

June 7, 2018

PACER
46

ORDER granting 37 Motion for Pro hac vice by Zachary Warren Martin. Signed by District Judge Liam O'Grady on 6/7/18. (gwalk, ) (Entered: 06/09/2018)

June 7, 2018

June 7, 2018

PACER
47

ORDER granting 38 Motion for Pro hac vice by Laurence Michael Schwartztol. Signed by District Judge Liam O'Grady on 6/7/18. (gwalk, ) (Entered: 06/09/2018)

June 7, 2018

June 7, 2018

PACER
48

ORDER granting 39 Motion for Pro hac vice by William Earl Davis. Signed by District Judge Liam O'Grady on 6/7/18. (gwalk, ) (Entered: 06/09/2018)

June 7, 2018

June 7, 2018

PACER
49

ORDER granting 40 Motion for Pro hac vice by Ana Romes. Signed by District Judge Liam O'Grady on 6/7/18. (gwalk, ) (Entered: 06/09/2018)

June 7, 2018

June 7, 2018

PACER
41

NOTICE of Appearance by Michael Keith Blankenship on behalf of Landmark Legal Foundation (Blankenship, Michael) (Entered: 06/08/2018)

June 8, 2018

June 8, 2018

PACER
42

MOTION for Leave to File BRIEF AS AMICUS CURIAE IN SUPPORT OF DEFENDANTS MOTION TO DISMISS by Landmark Legal Foundation. (Attachments: # 1 Proposed Order)(Blankenship, Michael) (Entered: 06/08/2018)

June 8, 2018

June 8, 2018

PACER
43

Amicus Brief by Landmark Legal Foundation . (Blankenship, Michael) (Entered: 06/08/2018)

June 8, 2018

June 8, 2018

RECAP

Notice of Correction re 42 MOTION for Leave to File BRIEF AS AMICUS CURIAE IN SUPPORT OF DEFENDANTS MOTION TO DISMISS. The filing user has been notified to file a Notice of Hearing Date (rban, )

June 11, 2018

June 11, 2018

PACER

Notice of Correction

June 11, 2018

June 11, 2018

PACER
50

RESPONSE in Opposition re 31 MOTION to Dismiss for Failure to State a Claim (Defendants' Rule 12(b)(6) Motion to Dismiss), 30 MOTION to Dismiss Under Rule 12(b)(6) filed by Eliud Bonilla, Luciania Freeman, Abby Jo Gearhart, League of United Latin American Citizens - Richmond Region Council 4614, Jeanne Rosen. (Attachments: # 1 Affidavit of Anisa A. Somani, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C)(Somani, Anisa) (Entered: 06/12/2018)

1 Affidavit of Anisa A. Somani

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2 Exhibit A

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3 Exhibit B

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4 Exhibit C

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June 12, 2018

June 12, 2018

RECAP
51

MOTION for leave to file amicus brief re 31 MOTION to Dismiss for Failure to State a Claim (Defendants' Rule 12(b)(6) Motion to Dismiss), 30 MOTION to Dismiss Under Rule 12(b)(6) by Campaign Legal Center, Daniel R. Ortiz, Theodore M. Shaw. (Attachments: # 1 Proposed Order, # 2 Exhibit Proposed Brief of Amici Curiae)(Podolsky, Susan) Modified on 6/13/2018 to add filing parties (pmil, ). (Entered: 06/12/2018)

June 12, 2018

June 12, 2018

PACER
52

Memorandum in Support re 51 MOTION for leave to file amicus brief re 31 MOTION to Dismiss for Failure to State a Claim (Defendants' Rule 12(b)(6) Motion to Dismiss), 30 MOTION to Dismiss Under Rule 12(b)(6) filed by Campaign Legal Center, Daniel R. Ortiz, Theodore M. Shaw. (Podolsky, Susan) Modified on 6/13/2018 to add filers (pmil, ). (Entered: 06/12/2018)

June 12, 2018

June 12, 2018

PACER
53

Corporate Disclosure Statement by Campaign Legal Center. (Podolsky, Susan) (Entered: 06/12/2018)

June 12, 2018

June 12, 2018

PACER
54

Waiver of re 51 MOTION for leave to file amicus brief re 31 MOTION to Dismiss for Failure to State a Claim (Defendants' Rule 12(b)(6) Motion to Dismiss), 30 MOTION to Dismiss Under Rule 12(b)(6) Waiver of Oral Argument by Campaign Legal Center, Daniel R. Ortiz, Theodore M. Shaw (Podolsky, Susan) Modified on 6/13/2018 to add filers (pmil, ). (Entered: 06/12/2018)

June 12, 2018

June 12, 2018

PACER
55

Motion to appear Pro Hac Vice by Paul March Smith and Certification of Local Counsel Susan R. Podolsky Filing fee $ 75, receipt number 0422-6128873. by Campaign Legal Center. (Podolsky, Susan) (Entered: 06/12/2018)

June 12, 2018

June 12, 2018

PACER
58

Amicus Brief by Campaign Legal Center, Daniel R. Ortiz, Theodore M. Shaw. (pmil, ) (Entered: 06/13/2018)

June 12, 2018

June 12, 2018

PACER
56

ORDER that the 42 Motion for Leave to File Brief of Amici Curiae by Landmark Legal Foundation is GRANTED. Signed by District Judge Liam O'Grady on 06/13/18. (pmil, ) (Entered: 06/13/2018)

June 13, 2018

June 13, 2018

PACER
57

ORDER that the 51 Motion for Leave to Participate as Amici Curiae is GRANTED; the Amicus Brief of Campaign Legal Center, Professor Daniel R. Ortiz, and Professor Theodore M. Shaw is deemed filed as of 06/12/18. Signed by District Judge Liam O'Grady on 06/13/18. (pmil, ) (Entered: 06/13/2018)

June 13, 2018

June 13, 2018

PACER
59

ORDER granting 55 Motion for Pro hac vice. Signed by District Judge Liam O'Grady on 06/14/18. (pmil, ) (Entered: 06/15/2018)

June 14, 2018

June 14, 2018

PACER
60

REPLY to Response to Motion re 31 MOTION to Dismiss for Failure to State a Claim (Defendants' Rule 12(b)(6) Motion to Dismiss) filed by J. Christian Adams, Public Interest Legal Foundation. (Lockerby, Michael) (Entered: 06/18/2018)

June 18, 2018

June 18, 2018

RECAP
61

Minute Entry for proceedings held before District Judge Liam O'Grady:Motion Hearing held on 6/22/2018 re 31 MOTION to Dismiss for Failure to State a Claim (Defendants' Rule 12(b)(6) Motion to Dismiss) filed by Public Interest Legal Foundation, J. Christian Adams, 30 MOTION to Dismiss Under Rule 12(b)(6) filed by Public Interest Legal Foundation. Counsel enter their appearances and present arguments. Court takes matter under advisement. (Court Reporter N. Linnell.)(awac, ) (Entered: 06/22/2018)

June 22, 2018

June 22, 2018

PACER
62

TRANSCRIPT of motions hearing held on 6-22-2018 before Judge Liam O'Grady. Court Reporter Norman Linnell, telephone number 703-549-4626. NOTICE RE REDACTION OF TRANSCRIPTS:The parties have thirty(30) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.vaed.uscourts.gov Transcript may be viewed at the court public terminal or purchased through the court reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER Redaction Request due 7/30/2018. Redacted Transcript Deadline set for 8/28/2018. Release of Transcript Restriction set for 9/26/2018.(linnell, norman) (Entered: 06/28/2018)

June 28, 2018

June 28, 2018

PACER
63

MEMORANDUM OPINION AND ORDER - The Court hereby DENIES Defendants' Motion to Dismiss 30 31 . Defendants have fourteen (14) days from the date of this Order to file a responsive pleading. Signed by District Judge Liam O'Grady on 08/13/2018. (dvanm, ) (Entered: 08/13/2018)

Aug. 13, 2018

Aug. 13, 2018

Clearinghouse
64

NOTICE of Voluntary Dismissal of Plaintiff Jeanne Rosen's Action by Eliud Bonilla, Luciania Freeman, Abby Jo Gearhart, League of United Latin American Citizens - Richmond Region Council 4614, Jeanne Rosen (Somani, Anisa) (Entered: 08/23/2018)

Aug. 23, 2018

Aug. 23, 2018

PACER
65

ORDER- Having found that no answer or motion for summary judgment has beenfiled by the relevant Defendants in this matter, and for good cause shown, the Court hereby ORDERS that Jeanne Rosen's individual action is DISMISSED as to Defendants Public Interest Legal Foundation and J. Christian Adams WITHOUT PREJUDICE . Signed by District Judge Liam O'Grady on 8/24/2018 (See order for further details). (acha, ) (Entered: 08/24/2018)

Aug. 24, 2018

Aug. 24, 2018

RECAP
66

Defendants' ANSWER to 1 Complaint, Affirmative Defenses, THIRD PARTY COMPLAINT against Virginia Department of Elections by Public Interest Legal Foundation, J. Christian Adams. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G)(Lockerby, Michael) (Entered: 08/27/2018)

1 Exhibit A

View on PACER

2 Exhibit B

View on PACER

3 Exhibit C

View on PACER

4 Exhibit D

View on PACER

5 Exhibit E

View on PACER

6 Exhibit F

View on PACER

7 Exhibit G

View on PACER

Aug. 27, 2018

Aug. 27, 2018

Clearinghouse
67

Proposed Summons on Third-Party Complaint to Virginia Department of Elections by J. Christian Adams, Public Interest Legal Foundation. (Lockerby, Michael) (Entered: 09/05/2018)

Sept. 5, 2018

Sept. 5, 2018

PACER
68

THIRD PARTY Summons Issued as to Virginia Department of Elections. NOTICE TO ATTORNEY: Print out two electronically issued summons and one copy of the attachments for each defendant to be served with the complaint and the Third Party Complaint. (Attachments: # 1 Notice)(dvanm, ) (Entered: 09/06/2018)

Sept. 6, 2018

Sept. 6, 2018

PACER
69

SUMMONS Returned Executed by Eliud Bonilla, Abby Jo Gearhart, League of United Latin American Citizens - Richmond Region Council 4614, Luciania Freeman Virginia Department of Elections served on 9/7/2018, answer due 9/28/2018 (dvanm, ) (Entered: 09/17/2018)

Sept. 17, 2018

Sept. 17, 2018

PACER
70

MOTION to Dismiss for Failure to State a Claim, MOTION to Dismiss for Lack of Jurisdiction by Virginia Department of Elections. (Heslinga, Joshua) (Entered: 09/27/2018)

Sept. 27, 2018

Sept. 27, 2018

RECAP
71

Memorandum in Support re 70 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction filed by Virginia Department of Elections. (Heslinga, Joshua) (Entered: 09/27/2018)

Sept. 27, 2018

Sept. 27, 2018

PACER
72

Notice of Hearing Date [Nov 2, 2018] re 70 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction, 71 Memorandum in Support (Heslinga, Joshua) (Entered: 09/27/2018)

Sept. 27, 2018

Sept. 27, 2018

PACER

Set Deadlines as to 70 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction . Motion Hearing set for 11/2/2018 at 10:00 AM in Alexandria Courtroom 600 before District Judge Liam O'Grady. (clar, )

Sept. 28, 2018

Sept. 28, 2018

PACER

Set Motion and R&R Deadlines/Hearings

Sept. 28, 2018

Sept. 28, 2018

PACER
73

Amended Third Party Complaint against Virginia Department of Elections, filed by J. Christian Adams, Public Interest Legal Foundation. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G)(Lockerby, Michael) (Entered: 10/11/2018)

Oct. 11, 2018

Oct. 11, 2018

Clearinghouse
74

Memorandum in Opposition re 70 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction filed by J. Christian Adams, Public Interest Legal Foundation. (Lockerby, Michael) (Entered: 10/11/2018)

Oct. 11, 2018

Oct. 11, 2018

PACER
75

Joint MOTION of Plaintiffs and Defendants for an Initial Scheduling Order by Eliud Bonilla, Luciania Freeman, Abby Jo Gearhart, League of United Latin American Citizens - Richmond Region Council 4614. (Somani, Anisa) (Entered: 10/16/2018)

Oct. 16, 2018

Oct. 16, 2018

PACER
76

REPLY to Response to Motion re 70 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction filed by Virginia Department of Elections. (Heslinga, Joshua) (Entered: 10/17/2018)

Oct. 17, 2018

Oct. 17, 2018

PACER
77

MOTION to Dismiss for Lack of Jurisdiction the Amended Third-Party Complaint, MOTION to Dismiss for Failure to State a Claim the Amended Third-Party Complaint by Virginia Department of Elections. (Heslinga, Joshua) (Entered: 10/17/2018)

Oct. 17, 2018

Oct. 17, 2018

PACER
78

Memorandum in Support re 77 MOTION to Dismiss for Lack of Jurisdiction the Amended Third-Party Complaint MOTION to Dismiss for Failure to State a Claim the Amended Third-Party Complaint filed by Virginia Department of Elections. (Heslinga, Joshua) (Entered: 10/17/2018)

Oct. 17, 2018

Oct. 17, 2018

PACER
79

Notice of Hearing Date [November 2, 2018] re 78 Memorandum in Support, 77 MOTION to Dismiss for Lack of Jurisdiction the Amended Third-Party Complaint MOTION to Dismiss for Failure to State a Claim the Amended Third-Party Complaint (Heslinga, Joshua) (Entered: 10/17/2018)

Oct. 17, 2018

Oct. 17, 2018

PACER

Set Motion and R&R Deadlines/Hearings

Oct. 18, 2018

Oct. 18, 2018

PACER

Set Deadlines as to 77 MOTION to Dismiss for Lack of Jurisdiction the Amended Third-Party Complaint MOTION to Dismiss for Failure to State a Claim the Amended Third-Party Complaint. Motion Hearing set for 11/2/2018 at 10:00 AM in Alexandria Courtroom 600 before District Judge Liam O'Grady. (clar, )

Oct. 18, 2018

Oct. 18, 2018

PACER
80

Memorandum in Opposition re 77 MOTION to Dismiss for Lack of Jurisdiction the Amended Third-Party Complaint MOTION to Dismiss for Failure to State a Claim the Amended Third-Party Complaint filed by Public Interest Legal Foundation. (Attachments: # 1 Exhibit A)(Lockerby, Michael) (Entered: 10/26/2018)

Oct. 26, 2018

Oct. 26, 2018

PACER
81

Rebuttal Brief re 77 MOTION to Dismiss for Lack of Jurisdiction the Amended Third-Party Complaint MOTION to Dismiss for Failure to State a Claim the Amended Third-Party Complaint filed by Virginia Department of Elections. (Heslinga, Joshua) (Entered: 10/31/2018)

Oct. 31, 2018

Oct. 31, 2018

PACER
82

NOTICE of Appearance by Alex Walker West on behalf of Virginia Department of Elections (West, Alex) (Entered: 10/31/2018)

Oct. 31, 2018

Oct. 31, 2018

PACER
83

MOTION for Leave to File Plaintiffs' Response to Third-Party Plaintiffs' Opposition to the Virginia Department of Elections' Motion to Dismiss Amended Third-Party Complaint by Eliud Bonilla, Luciania Freeman, Abby Jo Gearhart, League of United Latin American Citizens - Richmond Region Council 4614. (Attachments: # 1 Exhibit A, # 2 Proposed Order)(Cleminshaw, Nicole) (Entered: 10/31/2018)

Oct. 31, 2018

Oct. 31, 2018

PACER
84

Brief in Support to 83 MOTION for Leave to File Plaintiffs' Response to Third-Party Plaintiffs' Opposition to the Virginia Department of Elections' Motion to Dismiss Amended Third-Party Complaint filed by Eliud Bonilla, Luciania Freeman, Abby Jo Gearhart, League of United Latin American Citizens - Richmond Region Council 4614. (Cleminshaw, Nicole) (Entered: 10/31/2018)

Oct. 31, 2018

Oct. 31, 2018

PACER
85

ORDER granting 83 Motion for Leave to File a Response to Third-Party PlainiifTs' Opposition to the Virginia Department of Elections' Motion Dismiss the Amended Third-Party Complaint. Signed by District Judge Liam O'Grady on 11/01/2018. (dvanm, ) (Entered: 11/01/2018)

Nov. 1, 2018

Nov. 1, 2018

PACER
86

Response to 80 Memorandum in Opposition, filed by Eliud Bonilla, Luciania Freeman, Abby Jo Gearhart, League of United Latin American Citizens - Richmond Region Council 4614. (Cleminshaw, Nicole) (Entered: 11/01/2018)

Nov. 1, 2018

Nov. 1, 2018

PACER

Remark

Nov. 1, 2018

Nov. 1, 2018

PACER

Per LO chambers motions set for 11/2/18 on the pleadings (clar, )

Nov. 1, 2018

Nov. 1, 2018

PACER
87

MEMORANDUM OPINION AND ORDER - For the reasons stated above, and for good cause shown, Third-Party Defendant's Motion to Dismiss the Amended Third-Party Complaint 77 is hereby GRANTED and Third-Party Defendant's Motion to Dismiss Third-Party Complaint 70 is hereby DENIED as moot. Signed by District Judge Liam O'Grady on 11/26/2018. (dvanm, ) (Entered: 11/27/2018)

Nov. 27, 2018

Nov. 27, 2018

Clearinghouse
88

SCHEDULING ORDER:Initial Pretrial Conference set for 1/9/2019 at 11:00 AM in Alexandria Courtroom 301 before Magistrate Judge Ivan D. Davis. Final Pretrial Conference set for 5/17/2019 at 01:30 PM in Alexandria Courtroom 1000 before District Judge Liam O'Grady. Discovery due by 5/10/2019.. Signed by District Judge Liam O'Grady on 12/3/2018. (Attachments: # 1 Magistrate Consent Form, # 2 Pretrial Notice)(awac, ) (Entered: 12/04/2018)

Dec. 3, 2018

Dec. 3, 2018

PACER

Case Details

State / Territory: Virginia

Case Type(s):

Election/Voting Rights

Key Dates

Filing Date: April 12, 2018

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

League of United Latin American Citizens and 4 private plaintiffs who were accused of voter fraud

Attorney Organizations:

Emery Celli Brinckerhoff & Abady LLP

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Public Interest Legal Foundation (Indianapolis, Indiana), Private Entity/Person

Case Details

Causes of Action:

State law

42 U.S.C. § 1985

Available Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Content of Injunction:

Apology

Issues

General:

Voting

Voting:

Election administration

Voter qualifications