Case: Boustani v. Blackwell

1:06-cv-02065 | U.S. District Court for the Northern District of Ohio

Filed Date: Aug. 29, 2006

Closed Date: Oct. 26, 2006

Clearinghouse coding complete

Case Summary

This lawsuit is about a state law that would have allowed poll workers to ask whether a voter is a native or naturalized citizen and, if naturalized, would have required voters to provide citizenship documentation prior to casting their ballot. On August 29, 2006, 24 plaintiffs, including private citizens and several non-profit organizations – the Asian American Bar Association, the Federation of India Community Association, the Service Employees International Union District 1199 AFL-CIO, the A…

This lawsuit is about a state law that would have allowed poll workers to ask whether a voter is a native or naturalized citizen and, if naturalized, would have required voters to provide citizenship documentation prior to casting their ballot. On August 29, 2006, 24 plaintiffs, including private citizens and several non-profit organizations – the Asian American Bar Association, the Federation of India Community Association, the Service Employees International Union District 1199 AFL-CIO, the American-Arab Anti-Discrimination Committee, the Greater Toledo Association of Arab Americans, and the Council on American-Islamic Relations – filed this lawsuit against Ohio Secretary of State Kenneth Blackwell in the U.S. District Court for the Northern District of Ohio. Judge Christopher A. Boyko presided over this case. The plaintiffs sought declaratory relief and an injunction against enforcement of the state law under 42 U.S.C. § 1983. Plaintiffs also cited the Civil rights Act of 1964 42 U.S.C. § 1971(a)(2)(A) and (B) along with the Equal Protection Clause and the First, Fourteenth, and Twenty-Fourth Amendments. Plaintiffs were represented by private counsel, the ACLU, the Lawyers’ Committee for Civil Rights Under Law, the Ohio State University Moritz College of Law, and the New York University School of Law.

 

Plaintiffs had three central allegations. First, they alleged that the law discriminated against naturalized citizens based on their national origin and by imposing an undue burden on their fundamental right to vote. Second, they alleged the law violated the Civil Rights Act because it imposed requirements on naturalized citizens that were not imposed on native born citizens before naturalized citizens could exercise their right to vote. Third, they alleged that the law was an unconstitutional poll tax.

 

On October 4, 2006, Plaintiffs and the Ohio Secretary of State entered an agreement which established a permanent injunction against the Ohio Secretary of State from enforcing the law. The parties also agreed that the Secretary of State would inform poll workers not to ask any questions of voters beyond whether they are citizens, and required signs at all voting locations that noted naturalized citizens would not be required to provide poll workers or the state with additional documentation of their citizenship prior to casting their ballots.

 

On October 26, 2006, Judge Boyko then issued an order finding that the state law violated the Equal Protection Clause of the U.S. Constitution because it “targeted naturalized citizens for different treatment” than native citizens. 460 F.Supp.2d 822, 825. The court found that the Ohio Secretary of State did not provide sufficient evidence to show why the state had a strong enough interest in preventing voter fraud to outweigh Plaintiffs’ “weightier and more significant interest in exercising” their fundamental right to vote. 460 F.Supp.2d 822, 826. The court further determined that the law amounted to a poll tax because it required naturalized citizens to pay a two-hundred and twenty-dollar replacement fee to the U.S. Citizenship and Immigration Service to replace lost or damaged citizenship verification documents prior to casting their ballots. 460 F.Supp.2d 822, 826.

 

The Ohio General Assembly did not repeal this legislation, so Plaintiffs filed a motion for additional relief on September 25, 2012. 2012 WL 5414454, at *1. Plaintiffs sought to the court to impose the same requirements from its October 4, 2006 Order on Ohio Secretary of State John Husted, and to require him to send a letter to the General Assembly requesting that they repeal the unconstitutional statute. Id. at *1-2. Judge Boyko held that Plaintiffs lacked standing to request this relief. Id. at *3. The case is no longer on-going.

Summary Authors

Madeline Mischler (10/16/2022)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5652189/parties/boustani-v-blackwell/


Judge(s)

Boyko, Christopher A. (Ohio)

Attorney for Plaintiff

Atzberger, Jennifer M. (Ohio)

Bell-Platts, Meredith (Ohio)

Blustein, Benjamin J. (Ohio)

Bradley, Neil (Ohio)

Attorney for Defendant

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Documents in the Clearinghouse

Document
1

1:06-cv-02065

Complaint

Aug. 29, 2006

Aug. 29, 2006

Complaint
18

1:06-cv-02065

Opinion and Order

Oct. 4, 2006

Oct. 4, 2006

Order/Opinion

460 F.Supp.2d 822

20

1:06-cv-02065

Opinion and Order

Oct. 26, 2006

Oct. 26, 2006

Order/Opinion

460 F.Supp.2d 822

41

1:06-cv-02065

Order and Judgment

March 15, 2007

March 15, 2007

Order/Opinion
51

1:06-cv-02065

Opinion and Order

Nov. 6, 2012

Nov. 6, 2012

Order/Opinion

2012 WL 51414454

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5652189/boustani-v-blackwell/

Last updated Jan. 31, 2025, 7:28 a.m.

ECF Number Description Date Link Date / Link
1

Complaint against J. Kenneth Blackwell ( Filing fee 350 receipt number 2111278.). Filed by Catherine Ma, Sagarika Nayak, Eduardo Romero, Karil Bialostosky, Dagmar Celeste, Ali AlHaddad, Sawsan Alhaddad, Gia Hoa Ryan, Margaret Wong, P.S. Murthy, Asian American Bar Association, Federation of India Community Association, Service Employees International Union District 1199 AFL-CIO, American-Arab Anti-Discrimination Committee, Greater Toledo Association of Arab Americans, Council on American-Islamic Relations, Laura Boustani, Mutsuyo Okumura Unger, Chia-Min T. Chen, Mary Savas, Efty simakis, Sophia Loizos, Paramjit Singh, Joseph Hajjar. (Attachments: # 1 Civil Cover Sheet # 2 Summons)(Bell-Platts, Meredith) (Entered: 08/29/2006)

1 Civil Cover Sheet

View on PACER

2 Summons

View on PACER

Aug. 29, 2006

Aug. 29, 2006

RECAP

Judge Christopher A. Boyko assigned to case. (C, BA)

Aug. 29, 2006

Aug. 29, 2006

PACER

Random Assignment of Magistrate Judge Vecchiarelli, pursuant to Local Rule 3.1. (C, BA)

Aug. 29, 2006

Aug. 29, 2006

PACER
2

Summons and Magistrate Consent Form issued to counsel for service upon J. Kenneth Blackwell. (Attachments: # 1 Consent Form) (C, BA) (Entered: 08/29/2006)

Aug. 29, 2006

Aug. 29, 2006

PACER
3

Motion for leave to exceed page limit filed by all plaintiffs. (Attachments: # 1 Motion for Preliminary Injunction# 2 Memorandum in Support of Motion for Preliminary Injunction# 3 Exhibit 1# 4 Exhibit 2# 5 Exhibit 3# 6 Exhibit 4# 7 Exhibit 5# 8 Exhibit 6# 9 Exhibit 7# 10 Exhibit 8# 11 Exhibit 9# 12 Exhibit 10# 13 Exhibit 11# 14 Exhibit 12# 15 Exhibit 13# 16 Exhibit 14# 17 Exhibit 15# 18 Exhibit 16# 19 Exhibit 17# 20 Exhibit 18# 21 Exhibit 19)(Bell-Platts, Meredith) (Entered: 08/29/2006)

Aug. 29, 2006

Aug. 29, 2006

PACER
4

Motion for attorney Wendy Weiser to Appear Pro Hac Vice Filing fee 190, receipt number 2119737. filed by all plaintiffs. (Bell-Platts, Meredith) (Entered: 09/05/2006)

Sept. 5, 2006

Sept. 5, 2006

PACER
5

Attorney Appearance by Richard N. Coglianese filed by on behalf of J. Kenneth Blackwell. (Coglianese, Richard) (Entered: 09/05/2006)

Sept. 5, 2006

Sept. 5, 2006

PACER

Order [non document] granting Motion for appearance pro hac vice by attorney Wendy R. Weiser for all plaintiffs (Related Doc # 4 ). Entered by Judge Christopher A. Boyko on 09/05/06.(M, M)

Sept. 5, 2006

Sept. 5, 2006

PACER
6

Motion for attorney Daniel P. Tokaji to Appear Pro Hac Vice Filing fee 190, receipt number 2120778. filed by all plaintiffs. (Bell-Platts, Meredith) (Entered: 09/06/2006)

Sept. 6, 2006

Sept. 6, 2006

PACER

Order [non document] granting Motion for appearance pro hac vice by attorney Daniel P. Tokaji for all plaintiffs (Related Doc # 6 ) on the condition that counsel attend all scheduled hearings. Entered by Judge Christopher A. Boyko on 09/06/06.(M, M)

Sept. 6, 2006

Sept. 6, 2006

PACER
7

Attorney Appearance by Richard G. Lillie filed by on behalf of J. Kenneth Blackwell. (Lillie, Richard) (Entered: 09/11/2006)

Sept. 11, 2006

Sept. 11, 2006

PACER
8

Proposed Stipulation for Leave to Plead until 9/28/06 to complaint filed by J. Kenneth Blackwell. Related document(s) 1 . (Lillie, Richard) Modified text on 9/19/2006 (E, P). (Entered: 09/15/2006)

Sept. 15, 2006

Sept. 15, 2006

PACER
9

Stipulation & Order granting for leave until 9/28/06 to plead to complaint. Signed by Judge Christopher A. Boyko on 09/15/06. (M, M) Modified text on 9/21/2006 (E, P). (Entered: 09/15/2006)

Sept. 15, 2006

Sept. 15, 2006

PACER
10

Return of Service Executed (of unissued summons w/incorrect response time) upon J. Kenneth Blackwell by personal service on 8/29/06 filed by all plaintiffs. (C, K A) (Entered: 09/18/2006)

Sept. 15, 2006

Sept. 15, 2006

PACER
11

Proposed Stipulation Regarding Answer to Complaint and Preliminary Injunction filed by all parties. (Bell-Platts, Meredith) Modified text on 9/21/2006 (E, P). (Entered: 09/20/2006)

Sept. 20, 2006

Sept. 20, 2006

PACER

Stipulation & Order (non document) modified as to Paragraph 2 as follows: Oppositions due 9/28/06; Replies due 10/2/06. Hearing set for 10/4/06 at 2:00 p.m. before Judge Boyko. All other stipulations shall be ordered re 11 Stipulation . Entered by Judge Christopher A. Boyko on 09/22/06. (M, M)

Sept. 22, 2006

Sept. 22, 2006

PACER

Order [non document] granting plaintiff's Motion for leave (Related Doc # 3 ) to exceed page limit. Entered by Judge Christopher A. Boyko on 09/22/06.(M, M)

Sept. 22, 2006

Sept. 22, 2006

PACER
12

Motion to have Preliminary Injunction Motion to be Filed as a Separate Docket Entry as of its Date of Lodging filed by all plaintiffs. Related document(s) 3 . (Bell-Platts, Meredith) Modified text of docket entry on 9/26/2006 (B, B). (Entered: 09/25/2006)

Sept. 25, 2006

Sept. 25, 2006

PACER

Order [non document] granting plaintiff's Motion for order (Related Doc # 12 ) to have preliminary injunction motion filed as a separate docket entry as of its date of lodging. Entered by Judge Christopher A. Boyko on 09/25/06.(M, M)

Sept. 27, 2006

Sept. 27, 2006

PACER
13

Answer to Complaint(Related Doc # 1 ) filed by J. Kenneth Blackwell. (Lillie, Richard) Modified text on 9/29/2006 (E, P). (Entered: 09/28/2006)

Sept. 28, 2006

Sept. 28, 2006

PACER
14

Motion for extension of time until October 2, 2006 to Submit a Response to Plaintiffs' Motion for a Preliminary Injunction filed by J. Kenneth Blackwell. Related document(s) 3, 12 . (Lillie, Richard) (Entered: 09/28/2006)

Sept. 28, 2006

Sept. 28, 2006

PACER
15

Opposition to Motion for extension of time until October 2, 2006 to Submit a Response to Plaintiffs' Motion for a Preliminary Injunction filed by all plaintiffs. Related document(s) 14 . (Chandra, Subodh) (Entered: 09/29/2006)

Sept. 29, 2006

Sept. 29, 2006

PACER

Order [non document] denying 14 defendant's Motion for Extension of Time re 14 Motion for extension of time until October 2, 2006 to Submit a Response to Plaintiffs' Motion for a Preliminary Injunction based on prior stipulation of the parties. Entered by Judge Christopher A. Boyko on 10/02/06.(M, M) Modified on 10/2/2006 (M, M).

Oct. 2, 2006

Oct. 2, 2006

PACER
16

Notice of withdrawal of counsel by Richard Coglianese and Damian Sikora filed by J. Kenneth Blackwell. (Coglianese, Richard) (Entered: 10/02/2006)

Oct. 2, 2006

Oct. 2, 2006

PACER
17

Hearing Brief and Proposed Remedy filed by J. Kenneth Blackwell. (Attachments: # 1Exhibit)(Lillie, Richard) Modified text on 10/4/2006 (E, P). (Entered: 10/03/2006)

Oct. 3, 2006

Oct. 3, 2006

PACER
18

Opinion and Order. In light of the above agreement of the parties and the orders of this Court, Plaintiffs' Motion for Preliminary Injunction is rendered moot . Signed by Judge Christopher A. Boyko on 10/04/06. (M, M)

Oct. 4, 2006

Oct. 4, 2006

RECAP
19

Case Management Conference Scheduling Order with case management conference to be held on 11/21/2006 at 11:00 AM at Chambers 15B before Honorable Christopher A. Boyko. Signed by Judge Christopher A. Boyko on 10/20/06. (Attachments: # 1 Report of Parties Planning Meeting)(M, M) (Entered: 10/20/2006)

Oct. 20, 2006

Oct. 20, 2006

PACER
20

Opinion and Order. This Court finds amended R.C. 3505.20(A)(2),(3) and (4), et seq. unconstitutional re 1 Complaint. Signed by Judge Christopher A. Boyko on 10/26/06. (M, M)

Oct. 26, 2006

Oct. 26, 2006

RECAP

Order (non document). The case management conference scheduled for 11/21/06 at 11:00 a.m. is cancelled re 19 Case Management Conference Scheduling Order . Entered by Judge Christopher A. Boyko on 10/26/06. (M, M)

Oct. 26, 2006

Oct. 26, 2006

PACER
21

Judgment Entry re 20 Opinion and Order. Signed by Judge Christopher A. Boyko on 10/26/06. (M, M) (Entered: 10/26/2006)

Oct. 26, 2006

Oct. 26, 2006

PACER
22

Proposed Stipulation on Motion for Attorneys' Fees and Costs filed by all parties. (Bell-Platts, Meredith) (Entered: 11/08/2006)

Nov. 8, 2006

Nov. 8, 2006

PACER

Stipulation & Order re 22 Stipulation filed by J. Kenneth Blackwell. Defendant's granted to December 15, 2006 to file motion for attorney's fees and costs. Entered by Judge Christopher A. Boyko on 11/09/06. (M, M)

Nov. 9, 2006

Nov. 9, 2006

PACER
23

Motion for attorney fees by Meredith Bell-Platts filed by on behalf of all plaintiffs. (Attachments: # 1 Brief in Support # 2 Exhibit Expenses# 3 Affidavit # 4 Affidavit # 5 Affidavit # 6 Affidavit # 7 Affidavit # 8 Affidavit # 9 Exhibit # 10 Affidavit # 11 Exhibit # 12 Affidavit # 13 Affidavit # 14 Affidavit)(Bell-Platts, Meredith) (Entered: 12/15/2006)

Dec. 15, 2006

Dec. 15, 2006

PACER
24

Motion for extension of time to Conduct Discovery and Respond to Plaintiffs' Motion for Costs and Attorneys' Fees and Request for Evidentiary Hearing filed by J. Kenneth Blackwell. Related document(s) 23 . (Lillie, Richard) (Entered: 12/19/2006)

Dec. 19, 2006

Dec. 19, 2006

PACER
25

Order of Referral to Magistrate Judge Vecchiarelli for Report and Recommendation re 23 Plaintiff's Motion for attorney fees by Meredith Bell-Platts filed by Eduardo Romero, et. al; 24 Defendant's Motion for extension of time to Conduct Discovery and Respond to Plaintiffs' Motion for Costs and Attorneys' Fees and Request for Evidentiary Hearing filed by J. Kenneth Blackwell to Magistrate Judge Magistrate Judge Nancy Vecchiarelli. Signed by Judge Christopher A. Boyko on 12/20/06. (M, M) Modified on 12/20/2006 (M, M). (Entered: 12/20/2006)

Dec. 20, 2006

Dec. 20, 2006

PACER
26

Notice of Hearing and Order re 23 Motion for attorney fees and 24 Motion for extension of time. Telephone Conference set for 1/4/2007 at 09:30 AM before Magistrate Judge Nancy A. Vecchiarelli. Lead counsel for both parties shall participate in the conference call. Counsel for plaintiff to host the call. Counsel for defendant to provide counsel for plaintiff with the telephone number where he/she can be reached. Cellular telephone are not an acceptable means of conferencing with this Court. Related document(s) 23, 24 . (G, W) (Entered: 12/22/2006)

Dec. 22, 2006

Dec. 22, 2006

PACER
27

Amended Affidavit/Declaration of Wendy Weiser filed by all plaintiffs. Related document(s) 23 . (Bell-Platts, Meredith) (Entered: 12/26/2006)

Dec. 26, 2006

Dec. 26, 2006

PACER
28

Minutes of proceedings. Telephone Conference held on 01/04/2007 before Magistrate Judge Nancy A. Vecchiarelli to discuss Defendant's request for extension of time for discovery and evidentiary hearing. Settlement Conference set for 02/08/2007. Discovery cut-off dates set. Evidentiary hearing set for 04/04/2007. (Court Reporter N/A.) (G, W) (Entered: 01/04/2007)

Jan. 4, 2007

Jan. 4, 2007

PACER
29

Notice of Hearing and Order: Settlement Conference set for 2/8/2007 at 09:30 AM in Chambers 10B before Magistrate Judge Nancy A. Vecchiarelli, 801 West Superior Avenue, Cleveland, OH 44113. An employee of the appropriate state agency possessing full settlement authority shall be present at the conference on behalf of the defendant. (G, W) (Entered: 01/04/2007)

Jan. 4, 2007

Jan. 4, 2007

PACER
30

Notice and Order. Evidentiary Hearing set for 4/4/2007 at 09:30 AM in Chambers 10B before Magistrate Judge Nancy A. Vecchiarelli, 801 West Superior Avenue, Cleveland, OH 44113. Plaintiffs' initial disclosures to Defendant due 01/16/2007. Defendant's request to Plaintiff for production of documents due 01/16/2007. Plaintiff to respond to requests within 30 days. Witness and exhibit lists and stipulations to be exchanged and filed by 03/22/2007. Witness lists to include identification of witness and the subject matter on which the witness is expected to testify. Magistrate Judge Nancy A. Vecchiarelli on 01/04/2007. (G, W) (Entered: 01/04/2007)

Jan. 4, 2007

Jan. 4, 2007

PACER
31

Notice of Substitution of Counsel removing attorney Richard Lillie and Gretchen Holderman and adding attorney Richard N. Coglianese filed by on behalf of J. Kenneth Blackwell. (Coglianese, Richard) (Entered: 01/16/2007)

Jan. 16, 2007

Jan. 16, 2007

PACER
32

Proposed Stipulation to extend reporting dates filed by all parties. (Coglianese, Richard) (Entered: 01/16/2007)

Jan. 16, 2007

Jan. 16, 2007

PACER

Notice (non-document) of Rescheduling Hearing. Settlement Conference set for 2/8/2007 reset for 11:00 AM in Chambers 10B before Magistrate Judge Nancy A. Vecchiarelli. Related document(s) 29 . (G,W)

Feb. 5, 2007

Feb. 5, 2007

PACER
33

Minutes of proceedings. Telephone Conference held on 02/05/2007 before Magistrate Judge Nancy A. Vecchiarelli. Parties to meet on 02/06/2007 to discuss settlement. Settlement conference to go forward as scheduled on 02/08/2007 except for a change in time from 9:30 a.m. to 11:00 a.m. Telephone status conference re. 02/06/2007 meeting set for 02/07/2007 at 10:00 a.m. (Court Reporter N/A.) (G,W) (Entered: 02/06/2007)

Feb. 6, 2007

Feb. 6, 2007

PACER
34

Notice of Hearing: Telephone Conference set for 2/7/2007 at 10:00 AM in Chambers 10B before Magistrate Judge Nancy A. Vecchiarelli. Counsel for parties to determine who will initiate the call. Cellular telephones and other mobile devices are not acceptable for conferencing with this Court. (G,W) (Entered: 02/06/2007)

Feb. 6, 2007

Feb. 6, 2007

PACER
35

Minutes of proceedings. Telephone Conference held on 02/07/2007 before Magistrate Judge Nancy A. Vecchiarelli. Parties did not settle during their 02/06/2007 meeting and will appear at the settlement conference on 02/08/2007. (Court Reporter N/A.) (G,W) (Entered: 02/07/2007)

Feb. 7, 2007

Feb. 7, 2007

PACER
36

Minutes of proceedings. Settlement Conference before Magistrate Judge Nancy A. Vecchiarelli on 02/08/2007. No settlement was reached. Each party to notify Zoltan Hargitai no later than 02/12/2007 at 12:00 p.m. whether they accept or reject settlement proposal set forth by the Court. Telephone conference set for 02/13/2007 at 2:00 p.m. (Court Reporter N/A.) (G,W) (Entered: 02/09/2007)

Feb. 9, 2007

Feb. 9, 2007

PACER
37

Notice of Hearing: Telephone Conference set for 2/13/2007 at 02:00 PM before Magistrate Judge Nancy A. Vecchiarelli. Counsel for parties to determine who shall initiate the call. Cellular telephones are not acceptable for conferencing with this Court. (G,W) (Entered: 02/09/2007)

Feb. 9, 2007

Feb. 9, 2007

PACER
38

Minutes of proceedings. Telephone Conference held on 02/12/2007 before Magistrate Judge Nancy A. Vecchiarelli. Court informed counsel for both sides that they reached a settlement. Parties accepted the settlement proposed by the Court. Parties to file joint proposed judgment entry no later than 02/26/2007. (Court Reporter N/A.) (G,W) (Entered: 02/14/2007)

Feb. 14, 2007

Feb. 14, 2007

PACER
39

Notice of Attorneys Fees Compromise filed by all parties. (Coglianese, Richard) (Entered: 03/09/2007)

March 9, 2007

March 9, 2007

PACER
40

Amended Notice of Attorneys Fee Agreement filed by all parties. (Coglianese, Richard) (Entered: 03/12/2007)

March 12, 2007

March 12, 2007

PACER
41

Order. The Court finds that Plaintiffs were prevailing parties in the underlying action and are entitled to an award of costs and attorneys' fees under 42 USC 1973l(e) and 1988. The Court further finds that the parties' negotiated agreement is fair and reasonable, given the expense incurred and hours expended by the attorneys for Plaintiffs in this case. Signed by Judge Christopher A. Boyko on 03/13/05.(M,M)

March 15, 2007

March 15, 2007

RECAP
42

Notice of Substitution of Counsel removing attorney Carrie L. Davis and adding attorney James L. Hardiman and Jennifer Martinez Atzberger filed by on behalf of All Plaintiffs. Related document(s) 1 .(Hardiman, James) Modified text on 9/17/2012 (P,G). (Entered: 09/14/2012)

Sept. 14, 2012

Sept. 14, 2012

PACER
43

Motion to substitute party Secretary of State Jon Husted in his Official Capacity for J. Kenneth Blackwell filed by Ali AlHaddad, Sawsan Alhaddad, American-Arab Anti-Discrimination Committee, Asian American Bar Association, Karil Bialostosky, Laura Boustani, Dagmar Celeste, Chia-Min T. Chen, Council on American-Islamic Relations, Federation of India Community Association, Greater Toledo Association of Arab Americans, Joseph Hajjar, Sophia Loizos, Catherine Ma, P.S. Murthy, Sagarika Nayak, Eduardo Romero, Gia Hoa Ryan, Mary Savas, Service Employees International Union District 1199 AFL-CIO, Paramjit Singh, Mutsuyo Okumura Unger, Margaret Wong, Efty simakis. (Chandra, Subodh) (Entered: 09/25/2012)

Sept. 25, 2012

Sept. 25, 2012

PACER
44

Motion for additional relief filed by Ali AlHaddad, Sawsan Alhaddad, American-Arab Anti-Discrimination Committee, Asian American Bar Association, Karil Bialostosky, Laura Boustani, Dagmar Celeste, Chia-Min T. Chen, Council on American-Islamic Relations, Federation of India Community Association, Greater Toledo Association of Arab Americans, Joseph Hajjar, Sophia Loizos, Catherine Ma, P.S. Murthy, Sagarika Nayak, Eduardo Romero, Gia Hoa Ryan, Mary Savas, Service Employees International Union District 1199 AFL-CIO, Paramjit Singh, Mutsuyo Okumura Unger, Margaret Wong, Efty simakis. Related document(s) 18, 20 . (Attachments: # 1 Exhibit News Articles, # 2 Exhibit Letter to Secretary Husted, # 3 Exhibit Declaration of Jennifer Atzberger, # 4 Exhibit October 4, 2006 Order, # 5 Exhibit 2006-72 Poll Worker Directive--Blackwell, # 6 Exhibit 2008-92--Poll Worker Directive--Brunner, # 7 Exhibit Proposed Journal Entry)(Hardiman, James) Modified text on 9/26/2012 (P,G). (Entered: 09/25/2012)

Sept. 25, 2012

Sept. 25, 2012

PACER
45

Notice of Service of Motion for Additional Relief filed by Ali AlHaddad, Sawsan Alhaddad, American-Arab Anti-Discrimination Committee, Asian American Bar Association, Karil Bialostosky, Laura Boustani, Dagmar Celeste, Chia-Min T. Chen, Council on American-Islamic Relations, Federation of India Community Association, Greater Toledo Association of Arab Americans, Joseph Hajjar, Sophia Loizos, Catherine Ma, P.S. Murthy, Sagarika Nayak, Eduardo Romero, Gia Hoa Ryan, Mary Savas, Service Employees International Union District 1199 AFL-CIO, Paramjit Singh, Mutsuyo Okumura Unger, Margaret Wong, Efty simakis. (Attachments: # 1 Exhibit Certified Mail Receipt)Related document(s) 44 .(Hardiman, James) (Entered: 10/02/2012)

Oct. 2, 2012

Oct. 2, 2012

PACER
46

Notice that Motion for Additional Relief (ECF #44) is Ripe for Ruling filed by All Plaintiffs. Related document(s) 44 .(Chandra, Subodh) Modified text on 10/16/2012 (P,G). (Entered: 10/15/2012)

Oct. 15, 2012

Oct. 15, 2012

PACER
47

Response to Plaintiffs' 46 Notice that their 44 Motion for additional relief is ripe filed by J. Kenneth Blackwell. (Coglianese, Richard) Modified text and created link on 10/16/2012 (P,G). (Entered: 10/15/2012)

Oct. 15, 2012

Oct. 15, 2012

PACER
48

Reply to Defendant's Response to Plaintiffs' Notice that Motion is Ripe filed by All Plaintiffs. Related document(s) 44, 47, 46 . (Hardiman, James) (Entered: 10/17/2012)

Oct. 17, 2012

Oct. 17, 2012

PACER
49

Response to 44 Motion for additional relief Defendant Secretary of State Jon Husted's Memorandum Contra Plaintiffs' Motion for Additional Relief filed by J. Kenneth Blackwell. (Coglianese, Richard) (Entered: 10/19/2012)

Oct. 19, 2012

Oct. 19, 2012

PACER
50

Response to Secretary of State Husted's Memorandum Contra to Plaintiffs' Motion for Additional Relief filed by All Plaintiffs. Related document(s) 44, 49 . (Hardiman, James) (Entered: 10/26/2012)

Oct. 26, 2012

Oct. 26, 2012

PACER

Order [non-document] granting Plaintiffs' Motion to substitute party (Related Doc # 43 ); Jon Husted added to case. Judge Christopher A. Boyko on 11/6/2012.(H,CM)

Nov. 6, 2012

Nov. 6, 2012

PACER
51

Opinion and Order. Plaintiffs' Motion for Additional Relief (Related doc # 44 ) is denied. Judge Christopher A. Boyko on 11/6/2012. (H,CM)

Nov. 6, 2012

Nov. 6, 2012

RECAP
52

Notice of Substitution of Counsel removing attorney James L. Hardiman and Jennifer Martinez Atzberger and adding attorney Freda J. Levenson filed by on behalf of Laura Boustani, Dagmar Celeste, Council on American-Islamic Relations, Federation of India Community Association, Service Employees International Union District 1199 AFL-CIO, Margaret Wong. (Levenson, Freda) (Entered: 10/23/2024)

Oct. 23, 2024

Oct. 23, 2024

PACER
53

Emergency Motion to enforce judgment via Civil Contempt Proceedings filed by Laura Boustani, Dagmar Celeste, Council on American-Islamic Relations, Federation of India Community Association, Service Employees International Union District 1199 AFL-CIO, Margaret Wong. (Attachments: # 1 Brief in Support, # 2 Proposed Order)(Levenson, Freda) (Entered: 10/23/2024)

1 Brief in Support

View on RECAP

2 Proposed Order

View on PACER

Oct. 23, 2024

Oct. 23, 2024

PACER
54

Emergency Motion to Expedite filed by Laura Boustani, Dagmar Celeste, Council on American-Islamic Relations, Federation of India Community Association, Service Employees International Union District 1199 AFL-CIO, Margaret Wong. (Levenson, Freda) Related document 53 . (Entered: 10/23/2024)

Oct. 23, 2024

Oct. 23, 2024

PACER
55

Motion to substitute party automatically under FRCP 25(d) filed by Laura Boustani, Dagmar Celeste, Council on American-Islamic Relations, Federation of India Community Association, Service Employees International Union District 1199 AFL-CIO, Margaret Wong. (Levenson, Freda) (Entered: 10/23/2024)

Oct. 23, 2024

Oct. 23, 2024

PACER

Order on Motion to substitute party

Oct. 24, 2024

Oct. 24, 2024

PACER

Order on Motion to appear pro hac vice

Oct. 24, 2024

Oct. 24, 2024

PACER

Order [non-document] granting Plaintiff's Motion to substitute party. Secretary of State Frank LaRose substituted in his official capacity for Defendant J. Kenneth Blackwell Brunner. (Related Doc # 55 ). Judge Christopher A. Boyko on 10/24/2024.(L,Ja)

Oct. 24, 2024

Oct. 24, 2024

PACER
56

Motion for attorney Megan C. Keenan to Appear Pro Hac Vice with certificate of good standing. Filing fee $ 120, receipt number AOHNDC-12799076, filed by Laura Boustani, Dagmar Celeste, Council on American-Islamic Relations, Federation of India Community Association, Service Employees International Union District 1199 AFL-CIO, Margaret Wong. (Levenson, Freda) (Entered: 10/24/2024)

Oct. 24, 2024

Oct. 24, 2024

PACER
57

Order granting in part Plaintiff's 54 Motion to Expedite the briefing schedule for consideration of their Emergency Motion. Defendant's Opposition Brief shall be filed on or before 11:59 p.m. on Friday, October 25, 2024. Plaintiffs' Reply Brief shall be filed on or before 12:00 Noon on Monday, October 28, 2024. Plaintiffs shall perfect service of this Order upon the Secretary of State. Judge Christopher A. Boyko on 10/24/2024.(L,Ja) (Entered: 10/24/2024)

Oct. 24, 2024

Oct. 24, 2024

PACER

Order [non-document] granting Plaintiffs' Motion for appearance pro hac vice by attorney Megan C. Keenan for plaintiffs. Local Rule 5.1(c) requires that attorneys register for NextGen CM/ECF and file and receive all documents electronically. NextGen CM/ECF registration can be done online at www.pacer.gov. Login with your PACER credentials, go to the Maintenance tab, click Attorney Admissions/E-File Registration, select Ohio Northern District Court and then select Pro Hac Vice. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. (Related Doc # 56 ). Judge Christopher A. Boyko on 10/24/2024.(L,Ja)

Oct. 24, 2024

Oct. 24, 2024

PACER
58

Notice of Substitution of Counsel removing attorney Richard N. Coglianese and adding attorney Julie M. Pfeiffer filed by on behalf of Frank LaRose. (Pfeiffer, Julie) (Entered: 10/24/2024)

Oct. 24, 2024

Oct. 24, 2024

PACER
59

Attorney Appearance by Heather L. Buchanan filed by on behalf of Frank LaRose. (Buchanan, Heather) (Entered: 10/24/2024)

Oct. 24, 2024

Oct. 24, 2024

PACER
60

Attorney Appearance by Michael A. Walton filed by on behalf of Frank LaRose. (Walton, Michael) (Entered: 10/24/2024)

Oct. 24, 2024

Oct. 24, 2024

PACER
61

Attorney Appearance by Mark D. Tucker filed by on behalf of Frank LaRose. (Tucker, Mark) (Entered: 10/24/2024)

Oct. 24, 2024

Oct. 24, 2024

PACER
62

Attorney Appearance by Gregory A. Rustico filed by on behalf of Frank LaRose. (Rustico, Gregory) (Entered: 10/24/2024)

Oct. 24, 2024

Oct. 24, 2024

PACER
63

Motion for attorney Sarah E. Brannon to Appear Pro Hac Vice with certificate of good standing. Filing fee $ 120, receipt number AOHNDC-12800281, filed by Laura Boustani, Dagmar Celeste, Council on American-Islamic Relations, Federation of India Community Association, Service Employees International Union District 1199 AFL-CIO, Margaret Wong. (Levenson, Freda) (Entered: 10/24/2024)

Oct. 24, 2024

Oct. 24, 2024

PACER

Order [non-document]granting Plaintiff's Motion for appearance pro hac vice by attorney Sarah E. Brannon for for plaintiffs Local Rule 5.1(c) requires that attorneys register for NextGen CM/ECF and file and receive all documents electronically. NextGen CM/ECF registration can be done online at www.pacer.gov. Login with your PACER credentials, go to the Maintenance tab, click Attorney Admissions/E-File Registration, select Ohio Northern District Court and then select Pro Hac Vice. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. (Related Doc # 63 ). Judge Christopher A. Boyko on 10/24/2024.(L,Ja)

Oct. 24, 2024

Oct. 24, 2024

PACER

Order [non-document] granting Plaintiffs' Motion for appearance pro hac vice by attorney Sarah E. Brannon for for plaintiffs Local Rule 5.1(c) requires that attorneys register for NextGen CM/ECF and file and receive all documents electronically. NextGen CM/ECF registration can be done online at www.pacer.gov. Login with your PACER credentials, go to the Maintenance tab, click Attorney Admissions/E-File Registration, select Ohio Northern District Court and then select Pro Hac Vice. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. (Related Doc # 63 ). Judge Christopher A. Boyko on 10/24/2024.(L,Ja)

Oct. 24, 2024

Oct. 24, 2024

PACER
64

Motion for attorney Alice Clapman to Appear Pro Hac Vice with certificate of good standing. Filing fee $ 120, receipt number AOHNDC-12801804, filed by Laura Boustani, Dagmar Celeste, Council on American-Islamic Relations, Federation of India Community Association, Service Employees International Union District 1199 AFL-CIO, Margaret Wong. (Levenson, Freda) (Entered: 10/25/2024)

Oct. 25, 2024

Oct. 25, 2024

PACER

Order on Motion to appear pro hac vice

Oct. 25, 2024

Oct. 25, 2024

PACER
65

Motion for attorney Jen Samantha D. Rasay to Appear Pro Hac Vice with certificate of good standing. Filing fee $ 120, receipt number AOHNDC-12801825, filed by Laura Boustani, Dagmar Celeste, Council on American-Islamic Relations, Federation of India Community Association, Service Employees International Union District 1199 AFL-CIO, Margaret Wong. (Levenson, Freda) (Entered: 10/25/2024)

Oct. 25, 2024

Oct. 25, 2024

PACER

Order [non-document] granting plaintiffs' Motion for appearance pro hac vice by attorney Alice Joanna Clapman for Plaintiffs Local Rule 5.1(c) requires that attorneys register for NextGen CM/ECF and file and receive all documents electronically. NextGen CM/ECF registration can be done online at www.pacer.gov. Login with your PACER credentials, go to the Maintenance tab, click Attorney Admissions/E-File Registration, select Ohio Northern District Court and then select Pro Hac Vice. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. (Related Doc # 64 ). Judge Christopher A. Boyko on 10/25/2024.(L,Ja)

Oct. 25, 2024

Oct. 25, 2024

PACER

Order [non-document] granting Plaintiffs' Motion for appearance pro hac vice by attorney Jen Samantha D. Rasay for Plaintiffs. Local Rule 5.1(c) requires that attorneys register for NextGen CM/ECF and file and receive all documents electronically. NextGen CM/ECF registration can be done online at www.pacer.gov. Login with your PACER credentials, go to the Maintenance tab, click Attorney Admissions/E-File Registration, select Ohio Northern District Court and then select Pro Hac Vice. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. (Related Doc # 65 ). Judge Christopher A. Boyko on 10/25/2024.(L,Ja)

Oct. 25, 2024

Oct. 25, 2024

PACER
66

Opposition to 53 Emergency Motion to enforce judgment via Civil Contempt Proceedings and Motion to Dissolve the Permanent Injunction filed by Frank LaRose. (Attachments: # 1 Exhibit A: Affidavit of Chris Burnett)(Pfeiffer, Julie) Added Motion for order on 10/28/2024 (M,CE). (Entered: 10/25/2024)

1 Exhibit A: Affidavit of Chris Burnett

View on RECAP

Oct. 25, 2024

Oct. 25, 2024

RECAP
67

Reply in support of 53 Emergency Motion to enforce judgment via Civil Contempt Proceedings, Opposition to Motion to Dissolve the Permanent Injunction filed by Laura Boustani, Dagmar Celeste, Council on American-Islamic Relations, Federation of India Community Association, Service Employees International Union District 1199 AFL-CIO, Margaret Wong. (Levenson, Freda) Modified text on 10/28/2024 (M,CE). (Entered: 10/28/2024)

Oct. 28, 2024

Oct. 28, 2024

RECAP
68

Opinion and Order: For reasons set forth in this order, Plaintiffs' Emergency Motion (ECF DKT # 53 ) to Enforce the Judgment Via Civil Contempt Proceedings is denied. Furthermore, the Court finds it improvident and unnecessary to address Defendant's request (incorporated in the Opposition Memorandum, ECF DKT # 66 ) to dissolve the Permanent Injunction. Judge Christopher A. Boyko on 10/30/2024. (L,Ja)

Oct. 30, 2024

Oct. 30, 2024

RECAP

Case Details

State / Territory: Ohio

Case Type(s):

Election/Voting Rights

Key Dates

Filing Date: Aug. 29, 2006

Closing Date: Oct. 26, 2006

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Private naturalized citizens and non-profit organizations.

Plaintiff Type(s):

Private Plaintiff

Non-profit NON-religious organization

Attorney Organizations:

Lawyers Comm. for Civil Rights Under Law

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Unknown

Class Action Outcome: Unknown

Defendants

Ohio, State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Civil Rights Act of 1957/1960, 52 U.S.C. § 10101 (previously 42 U.S.C. § 1971)

Constitutional Clause(s):

Equal Protection

Available Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Source of Relief:

Litigation

Content of Injunction:

Voting Process Changes

Amount Defendant Pays: $80,000

Issues

Discrimination Basis:

Immigration status

National origin discrimination

Voting:

Election administration

Voter qualifications

Voting: General & Misc.