Case: Ohio A. Philip Randolph v. Kasich

Ohio A. Phillip Randolph Institute v. Kasich

Ohio A. Philip Randolph v. Smith

Ohio A. Phillip Randolph Institute v. Householder

Ohio A. Phillip Randolph Institute v. Householder

COMPLAINT against All Defendants ( Filing fee $ 400 paid - receipt number: 0648-6453049), filed by Chitra Walker, Kathryn Deitsch, Teresa Thobaben, League of Women Voters of Ohio, Ohio A. Philip Randolph Institute, Constance Rubin, Erin Mullins, Andrew Harris, Cynthia Libster, Linda Goldenhar, Mark John Griffiths, Ria Megnin, Aaron Dagres, Elizabeth Myer, LuAnn Boothe, Douglas Burks, Lawrence Nadler, Sarah Inskeep. [ELECTION ISSUE(S) CITED] (Attachments: # 1 Civil Cover Sheet, # 2 Civil Cover Sheet Attachment, # 3 Proposed Waiver - *Please disregard, filed in error.) (Levenson, Freda) Modified docket text on 5/24/2018 (eh). (Entered: 05/23/2018)

1 Civil Cover Sheet

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2 Civil Cover Sheet Attachment

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3 Waiver Form - *Please disregard, filed in error.

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MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number 0648-6453626) of Alora Thomas by Plaintiffs LuAnn Boothe, Douglas Burks, Aaron Dagres, Kathryn Deitsch, Linda Goldenhar, Mark John Griffiths, Andrew Harris, Sarah Inskeep, League of Women Voters of Ohio, Cynthia Libster, Ria Megnin, Erin Mullins, Elizabeth Myer, Lawrence Nadler, Ohio A. Philip Randolph Institute, Constance Rubin, Teresa Thobaben, Chitra Walker. (Attachments: # 1 Exhibit Certificate of Good Standing) (Levenson, Freda) (Entered: 05/23/2018)

MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number 0648-6453659) of Emily Zhang by Plaintiffs LuAnn Boothe, Douglas Burks, Aaron Dagres, Kathryn Deitsch, Linda Goldenhar, Mark John Griffiths, Andrew Harris, Sarah Inskeep, League of Women Voters of Ohio, Cynthia Libster, Ria Megnin, Erin Mullins, Elizabeth Myer, Lawrence Nadler, Ohio A. Philip Randolph Institute, Constance Rubin, Teresa Thobaben, Chitra Walker. (Attachments: # 1 Exhibit Certificate of Good Standing) (Levenson, Freda) (Entered: 05/23/2018)

MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number 0648-6453667) of Theresa Lee by Plaintiffs LuAnn Boothe, Douglas Burks, Aaron Dagres, Kathryn Deitsch, Linda Goldenhar, Mark John Griffiths, Andrew Harris, Sarah Inskeep, League of Women Voters of Ohio, Cynthia Libster, Ria Megnin, Erin Mullins, Elizabeth Myer, Lawrence Nadler, Ohio A. Philip Randolph Institute, Constance Rubin, Teresa Thobaben, Chitra Walker. (Attachments: # 1 Exhibit Certificate of Good Standing) (Levenson, Freda) (Entered: 05/23/2018)

MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number 0648-6453677) of Dale Ho by Plaintiffs LuAnn Boothe, Douglas Burks, Aaron Dagres, Kathryn Deitsch, Linda Goldenhar, Mark John Griffiths, Andrew Harris, Sarah Inskeep, League of Women Voters of Ohio, Cynthia Libster, Ria Megnin, Erin Mullins, Elizabeth Myer, Lawrence Nadler, Ohio A. Philip Randolph Institute, Constance Rubin, Teresa Thobaben, Chitra Walker. (Attachments: # 1 Exhibit Certificate of Good Standing) (Levenson, Freda) (Entered: 05/23/2018)

MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number 0648-6453685) of Michael Baker by Plaintiffs LuAnn Boothe, Douglas Burks, Aaron Dagres, Kathryn Deitsch, Linda Goldenhar, Mark John Griffiths, Andrew Harris, Sarah Inskeep, League of Women Voters of Ohio, Cynthia Libster, Ria Megnin, Erin Mullins, Elizabeth Myer, Lawrence Nadler, Ohio A. Philip Randolph Institute, Constance Rubin, Teresa Thobaben, Chitra Walker. (Attachments: # 1 Exhibit Certificate of Good Standing) (Levenson, Freda) (Entered: 05/23/2018)

MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number 0648-6453697) of Perrin Cooke by Plaintiffs LuAnn Boothe, Douglas Burks, Aaron Dagres, Kathryn Deitsch, Linda Goldenhar, Mark John Griffiths, Andrew Harris, Sarah Inskeep, League of Women Voters of Ohio, Cynthia Libster, Ria Megnin, Erin Mullins, Elizabeth Myer, Lawrence Nadler, Ohio A. Philip Randolph Institute, Constance Rubin, Teresa Thobaben, Chitra Walker. (Attachments: # 1 Exhibit Certificate of Good Standing) (Levenson, Freda) (Entered: 05/23/2018)

MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number 0648-6453707) of Robert Fram by Plaintiffs LuAnn Boothe, Douglas Burks, Aaron Dagres, Kathryn Deitsch, Linda Goldenhar, Mark John Griffiths, Andrew Harris, Sarah Inskeep, League of Women Voters of Ohio, Cynthia Libster, Ria Megnin, Erin Mullins, Elizabeth Myer, Lawrence Nadler, Ohio A. Philip Randolph Institute, Constance Rubin, Teresa Thobaben, Chitra Walker. (Attachments: # 1 Exhibit Certificate of Good Standing) (Levenson, Freda) (Entered: 05/23/2018)

MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number 0648-6453715) of Jeremy Goldstein by Plaintiffs LuAnn Boothe, Douglas Burks, Aaron Dagres, Kathryn Deitsch, Linda Goldenhar, Mark John Griffiths, Andrew Harris, Sarah Inskeep, League of Women Voters of Ohio, Cynthia Libster, Ria Megnin, Erin Mullins, Elizabeth Myer, Lawrence Nadler, Ohio A. Philip Randolph Institute, Constance Rubin, Teresa Thobaben, Chitra Walker. (Attachments: # 1 Exhibit Certificate of Good Standing) (Levenson, Freda) (Entered: 05/23/2018)

MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number 0648-6453780) of Peter Rechter by Plaintiffs LuAnn Boothe, Douglas Burks, Aaron Dagres, Kathryn Deitsch, Linda Goldenhar, Mark John Griffiths, Andrew Harris, Sarah Inskeep, League of Women Voters of Ohio, Cynthia Libster, Ria Megnin, Erin Mullins, Elizabeth Myer, Lawrence Nadler, Ohio A. Philip Randolph Institute, Constance Rubin, Teresa Thobaben, Chitra Walker. (Attachments: # 1 Exhibit Certificate of Good Standing) (Levenson, Freda) (Entered: 05/23/2018)

MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number 0648-6453825) of Nitin Subhedar by Plaintiffs LuAnn Boothe, Douglas Burks, Aaron Dagres, Kathryn Deitsch, Linda Goldenhar, Mark John Griffiths, Andrew Harris, Sarah Inskeep, League of Women Voters of Ohio, Cynthia Libster, Ria Megnin, Erin Mullins, Elizabeth Myer, Lawrence Nadler, Ohio A. Philip Randolph Institute, Constance Rubin, Teresa Thobaben, Chitra Walker. (Attachments: # 1 Exhibit Certificate of Good Standing) (Levenson, Freda) (Entered: 05/23/2018)

MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number 0648-6453831) of Isaac Wood by Plaintiffs LuAnn Boothe, Douglas Burks, Aaron Dagres, Kathryn Deitsch, Linda Goldenhar, Mark John Griffiths, Andrew Harris, Sarah Inskeep, League of Women Voters of Ohio, Cynthia Libster, Ria Megnin, Erin Mullins, Elizabeth Myer, Lawrence Nadler, Ohio A. Philip Randolph Institute, Constance Rubin, Teresa Thobaben, Chitra Walker. (Attachments: # 1 Exhibit Certificate of Good Standing) (Levenson, Freda) (Entered: 05/23/2018)

If this case is referred, it will be to Magistrate Judge Karen L. Litkovitz. (eh)

Docket Annotation

REQUEST for Issuance of Summons. (Attachments: # 1 Summons Form, # 2 Summons Form, # 3 Summons Form) (Levenson, Freda) (Entered: 05/24/2018)

Summons Issued as to Jon A. Husted, Larry Obhof, Kirk Schuring. (bjc) (Entered: 05/25/2018)

Summons Issued as to John R. Kasich. (bjc) (Entered: 05/25/2018)

ORDER granting 2 Motion for Leave to Appear Pro Hac Vice of Alora Thomas. Signed by Judge Timothy S. Black on 5/25/18. (jlm) (Entered: 05/25/2018)

ORDER granting 3 Motion for Leave to Appear Pro Hac Vice of Emily Zhang. Signed by Judge Timothy S. Black on 5/25/18. (jlm) (Entered: 05/25/2018)

ORDER granting 4 Motion for Leave to Appear Pro Hac Vice of Theresa Lee. Signed by Judge Timothy S. Black on 5/25/18. (jlm) (Entered: 05/25/2018)

ORDER granting 5 Motion for Leave to Appear Pro Hac Vice of Dale Ho. Signed by Judge Timothy S. Black on 5/25/18. (jlm) (Entered: 05/25/2018)

ORDER granting 6 Motion for Leave to Appear Pro Hac Vice of Michael Baker. Signed by Judge Timothy S. Black on 5/25/18. (jlm) (Entered: 05/25/2018)

ORDER granting 7 Motion for Leave to Appear Pro Hac Vice of Perrin Cooke. Signed by Judge Timothy S. Black on 5/25/18. (jlm) (Entered: 05/25/2018)

ORDER granting 8 Motion for Leave to Appear Pro Hac Vice of Robert Fram. Signed by Judge Timothy S. Black on 5/25/18. (jlm) (Entered: 05/25/2018)

ORDER granting 9 Motion for Leave to Appear Pro Hac Vice of Jeremy Goldstein. Signed by Judge Timothy S. Black on 5/25/18. (jlm) (Entered: 05/25/2018)

ORDER granting 10 Motion for Leave to Appear Pro Hac Vice of Peter Rechter. Signed by Judge Timothy S. Black on 5/25/18. (jlm) (Additional attachment(s) added on 5/25/2018: # 1 Correct pdf) (jlm). (Entered: 05/25/2018)

ORDER granting 11 Motion for Leave to Appear Pro Hac Vice of Nitin Subhedar. Signed by Judge Timothy S. Black on 5/25/18. (jlm) (Entered: 05/25/2018)

ORDER granting 12 Motion for Leave to Appear Pro Hac Vice of Isaac Wood. Signed by Judge Timothy S. Black on 5/25/18. (jlm) (Entered: 05/25/2018)

SUMMONS Returned Executed as to Defendants Jon A. Husted, John R. Kasich, Larry Obhof, Kirk Schuring. Jon A. Husted served on 5/25/2018, answer due 6/15/2018; John R. Kasich served on 5/25/2018, answer due 6/15/2018; Larry Obhof served on 5/25/2018, answer due 6/15/2018; Kirk Schuring served on 5/25/2018, answer due 6/15/2018. (Levenson, Freda) (Entered: 05/29/2018)

ORDER signed by Sixth Circuit Clerk of Court, Deborah S. Hunt designating Circuit Judge Karen Nelson Moore and District Judge Michael H. Watson to serve with Judge Timothy S. Black in this matter. The provisions of 28 U.S.C. § 2284(b)(2) and (3) shall apply. This designation shall remain in full force and effect for the duration of the proceedings in Case No. 1:18-cv-357. (ss) Modified on 6/4/2018 (eh). (Entered: 06/01/2018)

NOTICE of Appearance by Steven T Voigt for Defendants Jon A. Husted, John R. Kasich (Voigt, Steven) (Entered: 06/04/2018)

NOTICE of Appearance by Nicole M. Koppitch for Defendants Jon A. Husted, John R. Kasich (Koppitch, Nicole) (Entered: 06/04/2018)

Notation Order and Notice of Hearing: At the parties' request, this case is set for an initial telephone conference to discuss the case calendar on 6/12/18 at 11:00 a.m. COUNSEL SHALL CALL: 1-888-684-8852; Access code: 8411435; Security code: 123456, and wait for the Court to join the conference. If there are issues related to the case calendar and/or discovery the parties wish to bring to the Court's attention prior to the conference, they shall file position statements on the issues, not to exceed three pages, by 6/11/18 at 12:00 p.m. IT IS SO ORDERED. Signed by Judge Timothy S. Black on 6/7/18. (jlm)

Order setting Telephone Conference

MOTION to Expedite by Plaintiffs LuAnn Boothe, Douglas Burks, Aaron Dagres, Kathryn Deitsch, Linda Goldenhar, Mark John Griffiths, Andrew Harris, Sarah Inskeep, League of Women Voters of Ohio, Cynthia Libster, Ria Megnin, Erin Mullins, Elizabeth Myer, Lawrence Nadler, Ohio A. Philip Randolph Institute, Constance Rubin, Teresa Thobaben, Chitra Walker. (Attachments: # 1 Exhibit A & B in Support of Pls.' Case Sched. Statement) (Levenson, Freda) (Entered: 06/11/2018)

Scheduling Order

STATUS REPORT Position Statement by Defendants Jon A. Husted, John R. Kasich. (Koppitch, Nicole) (Entered: 06/11/2018)

Notation Order: The status conference scheduled for 6/12/18 at 11:00 a.m. is VACATED and RESCHEDULED for 6/12/18 at 2:30 p.m. COUNSEL SHALL CALL: 1-888-684-8852; Access code: 8411435; Security code: 123456, and wait for the Court to join the conference. IT IS SO ORDERED by Judge Timothy S. Black on 6/11/18. (eh)

Minute Entry and Notation Order: Upon the parties' joint request for an initial telephone conference to discuss the case calendar, this case came before Judge Timothy S. Black by telephone on 6/12/18 at 2:30 p.m. Freda Levenson, Theresa Lee, Peter Rechter and Robert Fram appeared on behalf of Plaintiffs; Nicole Koppitch, Halli Watson and Renata Staff appeared on behalf of Defendants. Judge Black held that Defendants are entitled to an extension of time to respond to the Complaint until two weeks after the Supreme Court is expected to issue a decision in Gill and Benisek. Judge Black also held there was good cause for expedited discovery because of the potential harm to plaintiffs and the public if this case is not resolved sufficiently timely for Supreme Court review before the 2020 election. Accordingly, the Court sets the following initial case schedule: Plaintiffs are ordered to serve their initial discovery requests by 6/15/18; Defendants shall respond to the Complaint by 7/13/18; Defendants shall respond to Plaintiff's initial discovery requests by 7/13/18. The parties shall confer as required by Rule 26(f) as soon as practicable after the Supreme Court's decisions in Gill and Benisek and file their report forthwith. Upon receiving the parties' Rule 26 report, the Court will promptly set a preliminary pretrial conference by telephone to address the remainder of the case calendar. IT IS SO ORDERED. Signed by Judge Timothy S. Black. (Court Reporter Luke Lavin.) (jlm)

Pretrial Conference - Initial

AMENDED COMPLAINT against Jon A. Husted, John R. Kasich, Larry Obhof, Ryan Smith, filed by Chitra Walker, Kathryn Deitsch, Teresa Thobaben, League of Women Voters of Ohio, Ohio A. Philip Randolph Institute, Constance Rubin, Andrew Harris, Cynthia Libster, Linda Goldenhar, Mark John Griffiths, Ria Megnin, Aaron Dagres, Elizabeth Myer, LuAnn Boothe, Douglas Burks, Lawrence Nadler, Sarah Inskeep, Hamilton County Young Democrats, Tristan Rader, Northeast Ohio Young Black Democrats, Beth Hutton, The Ohio State University College Democrats. (Levenson, Freda) (Entered: 06/26/2018)

NOTICE of Appearance by Steven T Voigt for Defendants Larry Obhof, Ryan Smith (Voigt, Steven) (Entered: 07/05/2018)

RULE 26(f) REPORT of the Parties by Plaintiffs LuAnn Boothe, Douglas Burks, Aaron Dagres, Kathryn Deitsch, Linda Goldenhar, Mark John Griffiths, Hamilton County Young Democrats, Andrew Harris, Beth Hutton, Sarah Inskeep, League of Women Voters of Ohio, Cynthia Libster, Ria Megnin, Elizabeth Myer, Lawrence Nadler, Northeast Ohio Young Black Democrats, Ohio A. Philip Randolph Institute, Tristan Rader, Constance Rubin, The Ohio State University College Democrats, Teresa Thobaben, Chitra Walker. (Levenson, Freda) (Entered: 07/06/2018)

Notation Order and Notice of Hearing: A Preliminary Pretrial Conference by telephone is set before Judge Timothy S. Black for 7/10/18 at 4:00 p.m. COUNSEL SHALL CALL: 1-888-684-8852; Access code: 8411435; Security code: 123456, and wait for the Court to join the conference. IT IS SO ORDERED. Signed by Judge Timothy S. Black on 7/9/18. (jlm)

Order setting Telephone Conference

Consent MOTION for Leave to File Second Amended Complaint by Plaintiffs LuAnn Boothe, Douglas Burks, Aaron Dagres, Kathryn Deitsch, Linda Goldenhar, Mark John Griffiths, Hamilton County Young Democrats, Andrew Harris, Beth Hutton, Sarah Inskeep, League of Women Voters of Ohio, Cynthia Libster, Ria Megnin, Elizabeth Myer, Lawrence Nadler, Northeast Ohio Young Black Democrats, Ohio A. Philip Randolph Institute, Tristan Rader, Constance Rubin, The Ohio State University College Democrats, Teresa Thobaben, Chitra Walker. (Attachments: # 1 Exhibit Second Amended Complaint) (Levenson, Freda) (Entered: 07/09/2018)

1 Exhibit Second Amended Complaint

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Minute Entry and Notation Order: This case came before the Court for a Preliminary Pretrial Conference by telephone on 7/10/18 at 4:00 p.m. Freda Levenson, Theresa Lee, Emily Zhang, Robert Fromm and Michael Baker appeared on behalf of Plaintiffs; Phillip Strach, Steven Voigt and Nicole Koppitch appeared on behalf of Defendants. The Court informed the parties that, due to the Judges' calendars, the Court cannot commence a two-week trial on the parties' proposed date of 2/18/19. The Court expressed its preference to start trial on 3/4/19, but would consider an earlier date if Plaintiffs could show that commencing trial on 3/4/19 would render the relief sought in this case moot. The parties agreed to confer outside the presence of the Court regarding the trial date. This case is set for another status conference by telephone on 7/13/18 at 10:30 a.m. The parties shall file a joint statement setting forth their positions on the Calendar and the trial date by close of business on 7/12/18. COUNSEL SHALL CALL: 1-888-684-8852; Access code: 8411435; Security code: 123456, and wait for the Court to join the conference. The parties' consent motion for leave to file a Second Amended Complaint (Doc. 36 ) is GRANTED; Plaintiffs shall file the Second Amended Complaint forthwith. The Court sets the following dates: Defendants' responses to the Second Amended Complaint (7/20/18), Defendants' answers to Plaintiffs' written discovery requests (7/20/18). This case is set for a status conference by telephone for the purpose of addressing discovery issues, if any, on 7/25/18 at 10:00 a.m. COUNSEL SHALL CALL: 1-888-684-8852; Access code: 8411435; Security code: 123456, and wait for the Court to join the conference. On 7/24/18, the parties shall file a joint statement that includes: (1) a one-page agenda for the 7/25/18 discovery conference and (2) a concise statement from each side, not to exceed five pages, explaining their positions as to any discovery issues identified in the agenda. The parties shall agree to, and file, a proposed protective order by 7/24/18. The Court will address the remainder of the dates proposed by the parties at the 7/13/18 status conference. Additionally, the parties agreed that, pursuant to Judge Black's Standing Order Governing Cincinnati Civil Procedures, Plaintiffs' counsel shall provide Defendants' counsel a statement of attorney fees every 120 days; Plaintiffs' disclosures will include the amount of attorney time, but will not include detailed descriptions that may disclose privileged information and/or attorney work-product. IT IS SO ORDERED. Signed by Judge Timothy S. Black. (jlm)

Order on Motion for Leave to File

AMENDED COMPLAINT (Second) against Jon A. Husted, Larry Obhof, Ryan Smith, filed by Chitra Walker, Kathryn Deitsch, Beth Hutton, Teresa Thobaben, League of Women Voters of Ohio, Hamilton County Young Democrats, Ohio A. Philip Randolph Institute, The Ohio State University College Democrats, Constance Rubin, Andrew Harris, Cynthia Libster, Linda Goldenhar, Mark John Griffiths, Ria Megnin, Aaron Dagres, Elizabeth Myer, LuAnn Boothe, Northeast Ohio Young Black Democrats, Douglas Burks, Lawrence Nadler, Tristan Rader, Sarah Inskeep. (Levenson, Freda) (Entered: 07/11/2018)

MOTION for Leave to Appear Pro Hac Vice (Filing Fee Paid. $ 400. Receipt number: 200COL052996.) of Phillip J. Strach, Michael Douglas McKnight by Defendants Jon A. Husted, Larry Obhof, Ryan Smith. (Attachments: # 1 Exhibit Certificate of Good Standing - Phil Strach, # 2 Exhibit Certificate of Good Standing - Michael McKnight, # 3 Text of Proposed Order) (Voigt, Steven) Modified filing fee on 7/12/2018 (ew). (Entered: 07/11/2018)

Notice Other re (Amended Complaint) 37 : The document was filed without a certificate of service which is required pursuant to S.D. Ohio Civ. R. 5.2. To correct the filing use the Certificate of Service event found under Civil Events-Initial Pleadings and Service-Service of Process and link the event to the (Amended Complaint) when prompted. (bjc)

Notice (Other)

Filing fee received re: 38 Motion for Leave to Appear Pro Hac Vice of Phillip J. Strach and Michael Douglas McKnight. $ 400. Receipt number: 200COL052996. (ew)

Filing Fee Received

STATUS REPORT Parties' Joint Statement re Calendar by Plaintiffs LuAnn Boothe, Douglas Burks, Aaron Dagres, Kathryn Deitsch, Linda Goldenhar, Mark John Griffiths, Hamilton County Young Democrats, Andrew Harris, Beth Hutton, Sarah Inskeep, League of Women Voters of Ohio, Cynthia Libster, Ria Megnin, Elizabeth Myer, Lawrence Nadler, Northeast Ohio Young Black Democrats, Ohio A. Philip Randolph Institute, Tristan Rader, Constance Rubin, The Ohio State University College Democrats, Teresa Thobaben, Chitra Walker. (Attachments: # 1 Exhibit Redline of Original Schedule) (Levenson, Freda) (Entered: 07/12/2018)

CERTIFICATE OF SERVICE by Plaintiffs LuAnn Boothe, Douglas Burks, Aaron Dagres, Kathryn Deitsch, Linda Goldenhar, Mark John Griffiths, Hamilton County Young Democrats, Andrew Harris, Beth Hutton, Sarah Inskeep, League of Women Voters of Ohio, Cynthia Libster, Ria Megnin, Elizabeth Myer, Lawrence Nadler, Northeast Ohio Young Black Democrats, Ohio A. Philip Randolph Institute, Tristan Rader, Constance Rubin, The Ohio State University College Democrats, Teresa Thobaben, Chitra Walker re 37 Amended Complaint,, (Levenson, Freda) (Entered: 07/12/2018)

Minute Entry: This case came before the Court for a status conference by telephone on 7/13/18 at 10:30 a.m. Freda Levenson, Theresa Lee, Emily Zhang, Michael Baker, and Robert Fromm appeared on behalf of Plaintiffs; Phillip Strach and Steven Voigt appeared on behalf of Defendants. Counsel reported the parties have agreed to a trial date of March 4, 2019. The Court will enter a Calendar Order by separate entry. (jlm)

Status Conference

CALENDAR ORDER: Motions in limine due by 1/18/2019. Lay Witness due by 11/15/2018. Plaintiff Primary Expert due by 10/5/2018. Plaintiff Rebuttal Expert due by 11/22/2018. Defendant Primary Expert due by 11/8/2018. Motions not directed to pleadings due by 1/8/2019. Proposed Final Pretrial Order due by 1/18/2019. Discovery due by 12/19/2018. Final Pretrial Conference set for 2/11/2019 10:00 AM in Chambers. Bench Trial set for 3/4/2019 09:30 AM in Courtroom 1 - Cincinnati. Signed by Judge Timothy S. Black on 7/16/18. (jlm) (Entered: 07/17/2018)

Notation Order: The status conference scheduled for 7/25/18 at 10:00 a.m. is VACATED and RESCHEDULED for 7/25/18 at 4:00 p.m. COUNSEL SHALL CALL: 1-888-684-8852; Access code: 8411435; Security code: 123456, and wait for the Court to join the conference. IT IS SO ORDERED. Signed by Judge Timothy S. Black on 7/18/18. (jlm)

Order

MOTION to Intervene by Intervenor Parties Steve Chabot, Brad R. Wenstrup, Jim Jordan, Bob Latta, Bill Johnson, Bob Gibbs, Warren Davidson, Michael Turner, Dave Joyce, Steve Stivers, Robert F Bodi, Charles Drake, Roy Palmer, III, Nathan Aichele, Republican Party of Cuyahoga County, Franklin County Republican Party. (Attachments: # 1 Exhibit Proposed Answer) (Lewis, Patrick) (Entered: 07/20/2018)

1 Exhibit Proposed Answer

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BRIEF re 42 MOTION to Intervene by Intervenor Parties Nathan Aichele, Robert F Bodi, Steve Chabot, Warren Davidson, Charles Drake, Franklin County Republican Party, Bob Gibbs, Bill Johnson, Jim Jordan, Dave Joyce, Bob Latta, Roy Palmer, III, Republican Party of Cuyahoga County, Steve Stivers, Michael Turner, Brad R. Wenstrup. (Lewis, Patrick) (Entered: 07/20/2018)

Transcript of Proceedings (Preliminary Pretrial Conference) held on July 10, 2018, before Judge Timothy S. Black. Court Reporter/Transcriber Luke Lavin (Official), Telephone number (513) 564-7500. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE RE: REDACTION OF TRANSCRIPTS: Within 5 business days of this filing, each party shall inform the Court, by filing a Notice of Redaction, of the party's intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy is located on our website at www.ohsd.uscourts.gov (Forms - Electronic Availability of Transcripts). Please read this policy carefully. For a complete copy of a transcript, please contact the Court Reporter or the Clerk's Office. Redaction Request due 8/10/2018. Redacted Transcript Deadline set for 8/20/2018. Release of Transcript Restriction set for 10/18/2018. (Lavin, Luke) (Entered: 07/20/2018)

Transcript of Proceedings (Status Conference) held on July 13, 2018, before Judge Timothy S. Black. Court Reporter/Transcriber Luke Lavin (Official), Telephone number (513) 564-7500. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE RE: REDACTION OF TRANSCRIPTS: Within 5 business days of this filing, each party shall inform the Court, by filing a Notice of Redaction, of the party's intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy is located on our website at www.ohsd.uscourts.gov (Forms - Electronic Availability of Transcripts). Please read this policy carefully. For a complete copy of a transcript, please contact the Court Reporter or the Clerk's Office. Redaction Request due 8/10/2018. Redacted Transcript Deadline set for 8/20/2018. Release of Transcript Restriction set for 10/18/2018. (Lavin, Luke) (Entered: 07/20/2018)

MOTION to Dismiss by Defendants Jon A. Husted, John R. Kasich, Larry Obhof, Ryan Smith. (Voigt, Steven) (Entered: 07/20/2018)

STATUS REPORT Proposed Agenda for Discovery Conference by Plaintiffs LuAnn Boothe, Douglas Burks, Aaron Dagres, Kathryn Deitsch, Linda Goldenhar, Mark John Griffiths, Hamilton County Young Democrats, Andrew Harris, Beth Hutton, Sarah Inskeep, League of Women Voters of Ohio, Cynthia Libster, Ria Megnin, Elizabeth Myer, Lawrence Nadler, Northeast Ohio Young Black Democrats, Ohio A. Philip Randolph Institute, Tristan Rader, Constance Rubin, The Ohio State University College Democrats, Teresa Thobaben, Chitra Walker. (Attachments: # 1 Exhibit Exhibit A - Proposed Protective Order) (Levenson, Freda) Modified on 9/5/2018 (eh). (Entered: 07/24/2018)

STATUS REPORT Plaintiffs' Statement of the Case by Plaintiffs LuAnn Boothe, Douglas Burks, Aaron Dagres, Kathryn Deitsch, Linda Goldenhar, Mark John Griffiths, Hamilton County Young Democrats, Andrew Harris, Beth Hutton, Sarah Inskeep, League of Women Voters of Ohio, Cynthia Libster, Ria Megnin, Elizabeth Myer, Lawrence Nadler, Northeast Ohio Young Black Democrats, Ohio A. Philip Randolph Institute, Tristan Rader, Constance Rubin, The Ohio State University College Democrats, Teresa Thobaben, Chitra Walker. (Levenson, Freda) Modified on 9/5/2018 (eh). (Entered: 07/24/2018)

STATUS REPORT Parties' Proposed Agreed ESI Protocol Order by Plaintiffs LuAnn Boothe, Douglas Burks, Aaron Dagres, Kathryn Deitsch, Linda Goldenhar, Mark John Griffiths, Hamilton County Young Democrats, Andrew Harris, Beth Hutton, Sarah Inskeep, League of Women Voters of Ohio, Cynthia Libster, Ria Megnin, Elizabeth Myer, Lawrence Nadler, Northeast Ohio Young Black Democrats, Ohio A. Philip Randolph Institute, Tristan Rader, Constance Rubin, The Ohio State University College Democrats, Teresa Thobaben, Chitra Walker. (Levenson, Freda) (Entered: 07/25/2018)

Discovery Conference

Minute Entry and Notation Order: This case came before the Court for a discovery status conference by telephone on 7/25/18 at 4:00 p.m. Robert Fram, Michael Baker, and Theresa Lee appeared on behalf of Plaintiffs; Phillip Strach, Steven Voigt, and Nicole Koppitch appeared on behalf of Defendants. The Court addressed the following issues: Document Production. Defendants (as well as third-parties represented by counsel for Defendants) shall produce documents responsive to Plaintiffs' discovery requests and subpoenas on a rolling basis beginning 8/3/18; all responsive documents shall be produced by 8/30/18. On 8/30/18, Defendants (as well as third-parties represented by counsel for Defendants) shall identify what responsive documents, if any, have been withheld pursuant to an objection (and for each such document, identify the objection). Defendants' Answers to Plaintiffs' Interrogatory. Defendants shall use their best-faith efforts to supplement their answers to Plaintiffs' interrogatory no. 1 by 8/8/18, including determining whether Heather Blessing (Mann) or Ray DiRossi provided non-secretarial assistance in the redistricting of the Ohio congressional maps in 2011. Defendants shall supplement this answer again, if applicable, after completing document production. Legislative Privilege. This case is set for another status conference by telephone on 8/31/18 at 2:00 p.m. to discuss the issue of legislative privilege. By 8/28/18, Defendants shall inform Plaintiffs whether they are withholding documents on the grounds of legislative privilege. By 8/30/18, the parties shall file statements of not more than three pages setting forth their position in regards to the issue of legislative privilege (or, alternatively, informing the Court that no such issues exist). If the issue of legislative privilege does require briefing, the following briefing schedule applies: Plaintiffs' motion to compel (9/7/18), Defendants' memorandum in opposition (9/14/18), Plaintiffs' reply (9/18/18). Alternative Service of Subpoena. Plaintiffs are authorized to serve a second subpoena on Tom Whatman by serving the subpoena, via certified mail, at the following locations: (1) the residence of Mr. Whatman's parents; (2) the other addresses believed to be Mr. Whatman's residence; and (3) Mr. Whatman's place of employment. The Court finds that service via certified mail at all of these locations reasonably insures Mr. Whatmans' actual receipt of the subpoena. ESI Protocol. The parties have jointly filed an agreed ESI Protocol Order. The Court will review the proposed order and act accordingly. Protective Order. The parties submitted a proposed stipulated protective order. (Doc. 47 -1). Paragraphs 2(h) and 6 allow certain filings to be made under seal. The parties shall forthwith amend these paragraphs to comply with binding Sixth Circuit precedent holding that parties cannot agree to file documents under seal, and requiring a party seeking to file under seal to establish compelling reasons for the seal that outweigh the public's interest in access to court records, and further establish that the seal is narrowly tailored to those compelling reasons. The parties shall forthwith email to chambers the amended Order. Pending Motions. Plaintiffs shall respond timely to Defendants' motion to dismiss (Doc. 46 ) and the intervenors' motion to intervene (Doc. 42 ), as soon as they are able. Defendants and Intervenors shall file reply briefs in support of their respective motions no later than seven days after Plaintiffs' response. IT IS SO ORDERED. Signed by Judge Timothy S. Black. (jlm)

Set Deadlines/Hearings

Set Deadlines/Hearings: Status Conference set for 8/31/2018 02:00 PM in Teleconference before Judge Timothy S. Black. (jlm)

ORDER granting 38 Motion for Leave to Appear Pro Hac Vice of Phillip J. Strach and Michael Douglas McKnight. Signed by Judge Timothy S. Black on 7/26/18. (jlm) (Entered: 07/27/2018)

MOTION for Leave to Appear Pro Hac Vice (Filing fee of $400 paid, receipt number 0648-6536118) of Katherine L. McKnight, Richard B. Raile by Intervenor Parties Nathan Aichele, Robert F Bodi, Steve Chabot, Warren Davidson, Charles Drake, Franklin County Republican Party, Bob Gibbs, Bill Johnson, Jim Jordan, Dave Joyce, Bob Latta, Roy Palmer, III, Republican Party of Cuyahoga County, Steve Stivers, Michael Turner, Brad R. Wenstrup. (Attachments: # 1 Exhibit A - McKnight COGS, # 2 Exhibit B - Raile COGS) (Lewis, Patrick) (Entered: 07/27/2018)

STIPULATION and Proposed Protective Order by Plaintiffs LuAnn Boothe, Douglas Burks, Aaron Dagres, Kathryn Deitsch, Linda Goldenhar, Mark John Griffiths, Hamilton County Young Democrats, Andrew Harris, Beth Hutton, Sarah Inskeep, League of Women Voters of Ohio, Cynthia Libster, Ria Megnin, Elizabeth Myer, Lawrence Nadler, Northeast Ohio Young Black Democrats, Ohio A. Philip Randolph Institute, Tristan Rader, Constance Rubin, The Ohio State University College Democrats, Teresa Thobaben, Chitra Walker. (Baker, Michael) Modified on 9/5/2018 (eh). (Entered: 07/30/2018)

Transcript of Proceedings (Status Conference) held on July 25, 2018, before Judge Timothy S. Black. Court Reporter/Transcriber Luke Lavin (Official), Telephone number (513) 567-7500. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE RE: REDACTION OF TRANSCRIPTS: Within 5 business days of this filing, each party shall inform the Court, by filing a Notice of Redaction, of the party's intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy is located on our website at www.ohsd.uscourts.gov (Forms - Electronic Availability of Transcripts). Please read this policy carefully. For a complete copy of a transcript, please contact the Court Reporter or the Clerk's Office. Redaction Request due 8/21/2018. Redacted Transcript Deadline set for 8/31/2018. Release of Transcript Restriction set for 10/29/2018. (Lavin, Luke) (Entered: 07/31/2018)

RESPONSE in Opposition re 46 MOTION to Dismiss filed by Plaintiffs LuAnn Boothe, Douglas Burks, Aaron Dagres, Kathryn Deitsch, Linda Goldenhar, Mark John Griffiths, Hamilton County Young Democrats, Andrew Harris, Beth Hutton, Sarah Inskeep, League of Women Voters of Ohio, Cynthia Libster, Ria Megnin, Elizabeth Myer, Lawrence Nadler, Northeast Ohio Young Black Democrats, Ohio A. Philip Randolph Institute, Tristan Rader, Constance Rubin, The Ohio State University College Democrats, Teresa Thobaben, Chitra Walker. (Levenson, Freda) (Entered: 08/03/2018)

RESPONSE in Opposition re 42 MOTION to Intervene filed by Plaintiffs LuAnn Boothe, Douglas Burks, Aaron Dagres, Kathryn Deitsch, Linda Goldenhar, Mark John Griffiths, Hamilton County Young Democrats, Andrew Harris, Beth Hutton, Sarah Inskeep, League of Women Voters of Ohio, Cynthia Libster, Ria Megnin, Elizabeth Myer, Lawrence Nadler, Northeast Ohio Young Black Democrats, Ohio A. Philip Randolph Institute, Tristan Rader, Constance Rubin, The Ohio State University College Democrats, Teresa Thobaben, Chitra Walker. (Levenson, Freda) (Entered: 08/03/2018)

AGREED ESI PROTOCOL ORDER. Signed by Judge Timothy S. Black on 8/9/18. (jlm) (Entered: 08/09/2018)

STIPULATION AND PROTECTIVE ORDER. Signed by Judge Timothy S. Black on 8/9/18. (jlm) (Entered: 08/09/2018)

REPLY to Response to Motion re 46 MOTION to Dismiss filed by Defendants Jon A. Husted, Larry Obhof, Ryan Smith. (Voigt, Steven) (Entered: 08/10/2018)

REPLY to Response to Motion re 42 MOTION to Intervene filed by Intervenor Parties Nathan Aichele, Robert F Bodi, Steve Chabot, Warren Davidson, Charles Drake, Franklin County Republican Party, Bob Gibbs, Bill Johnson, Jim Jordan, Dave Joyce, Bob Latta, Roy Palmer, III, Republican Party of Cuyahoga County, Steve Stivers, Michael Turner, Brad R. Wenstrup. (Lewis, Patrick) (Entered: 08/10/2018)

NOTICE by Plaintiffs LuAnn Boothe, Douglas Burks, Aaron Dagres, Kathryn Deitsch, Linda Goldenhar, Mark John Griffiths, Hamilton County Young Democrats, Andrew Harris, Beth Hutton, Sarah Inskeep, League of Women Voters of Ohio, Cynthia Libster, Ria Megnin, Elizabeth Myer, Lawrence Nadler, Northeast Ohio Young Black Democrats, Ohio A. Philip Randolph Institute, Tristan Rader, Constance Rubin, The Ohio State University College Democrats, Teresa Thobaben, Chitra Walker re 55 Response in Opposition to Motion,, Supplemental Authority in Opposition to Motion to Intervene (Attachments: # 1 Exhibit Exhibit A - Order Denying Intervention) (Levenson, Freda) (Entered: 08/14/2018)

1 Exhibit Exhibit A - Order Denying Intervention

View on PACER

ORDER denying 46 Motion to Dismiss. Signed by Judge Karen Nelson Moore on behalf of the panel on 8/15/2018. (jlw) Modified on 8/15/2018 (jlw). (Entered: 08/15/2018)

Response re 60 Notice (Other),, by Intervenor Parties Nathan Aichele, Robert F Bodi, Steve Chabot, Warren Davidson, Charles Drake, Franklin County Republican Party, Bob Gibbs, Bill Johnson, Jim Jordan, Dave Joyce, Bob Latta, Roy Palmer, III, Republican Party of Cuyahoga County, Steve Stivers, Michael Turner, Brad R. Wenstrup. (Lewis, Patrick) (Entered: 08/15/2018)

NOTICE of Appearance by Elizabeth Bonham for Plaintiffs LuAnn Boothe, Douglas Burks, Aaron Dagres, Kathryn Deitsch, Linda Goldenhar, Mark John Griffiths, Hamilton County Young Democrats, Andrew Harris, Beth Hutton, Sarah Inskeep, League of Women Voters of Ohio, Cynthia Libster, Ria Megnin, Elizabeth Myer, Lawrence Nadler, Northeast Ohio Young Black Democrats, Ohio A. Philip Randolph Institute, Tristan Rader, Constance Rubin, The Ohio State University College Democrats, Teresa Thobaben, Chitra Walker (Bonham, Elizabeth) Modified on 9/5/2018 (eh). (Entered: 08/16/2018)

ORDER granting 42 Motion to Intervene. Signed for and on behalf of the panel by Karen Nelson Moore on 8/16/2018. (jlw) (Entered: 08/16/2018)

Notation Order: Intervenors Steve Chabot, Brad Wenstrup, Jim Jordan, Bob Latta, Bill Johnson, Bob Gibbs, Warren Davidson, Michael Turner, Dave Joyce, Steve Stivers, Robert F. Bodi, Charles Drake, Roy Palmer III, Nathan Aichele, the Republican Party of Cuyahoga County, and the Franklin County Republican Party are ORDERED to file forthwith their Answer to the Complaint as a separately docketed pleading, in the same form and without change as the document filed at Doc. 42 -1. IT IS SO ORDERED. Signed by Judge Timothy S. Black on 8/27/18. (jlm)

Order to Answer

ANSWER to 37 Amended Complaint,, filed by Nathan Aichele, Robert F Bodi, Steve Chabot, Warren Davidson, Charles Drake, Franklin County Republican Party, Bob Gibbs, Bill Johnson, Jim Jordan, Dave Joyce, Bob Latta, Roy Palmer, III, Republican Party of Cuyahoga County, Steve Stivers, Michael Turner, Brad R. Wenstrup. (Lewis, Patrick) (Entered: 08/28/2018)

NOTICE of Appearance by Alexia Romero for Plaintiffs LuAnn Boothe, Douglas Burks, Aaron Dagres, Kathryn Deitsch, Linda Goldenhar, Mark John Griffiths, Hamilton County Young Democrats, Andrew Harris, Beth Hutton, Sarah Inskeep, League of Women Voters of Ohio, Cynthia Libster, Ria Megnin, Elizabeth Myer, Lawrence Nadler, Northeast Ohio Young Black Democrats, Ohio A. Philip Randolph Institute, Tristan Rader, Constance Rubin, The Ohio State University College Democrats, Teresa Thobaben, Chitra Walker (Romero, Alexia) Modified on 9/5/2018 (eh). (Entered: 08/28/2018)

NOTICE of Appearance by Erika Dackin Prouty for Intervenor Parties Nathan Aichele, Robert F Bodi, Steve Chabot, Warren Davidson, Charles Drake, Franklin County Republican Party, Bob Gibbs, Bill Johnson, Jim Jordan, Dave Joyce, Bob Latta, Roy Palmer, III, Republican Party of Cuyahoga County, Steve Stivers, Michael Turner, Brad R. Wenstrup (Prouty, Erika) (Entered: 08/29/2018)

ANSWER to 37 Amended Complaint,, filed by Jon A. Husted, Larry Obhof, Ryan Smith. (Voigt, Steven) (Entered: 08/29/2018)

MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number 0648-6579941) of Robert Day by Plaintiffs LuAnn Boothe, Douglas Burks, Aaron Dagres, Kathryn Deitsch, Linda Goldenhar, Mark John Griffiths, Hamilton County Young Democrats, Andrew Harris, Beth Hutton, Sarah Inskeep, League of Women Voters of Ohio, Cynthia Libster, Ria Megnin, Elizabeth Myer, Lawrence Nadler, Northeast Ohio Young Black Democrats, Ohio A. Philip Randolph Institute, Tristan Rader, Constance Rubin, The Ohio State University College Democrats, Teresa Thobaben, Chitra Walker. (Attachments: # 1 Appendix) (Levenson, Freda) Modified on 9/5/2018 (eh). (Entered: 08/29/2018)

MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number 0648-6579951) of Kaitlyn Demers by Plaintiffs LuAnn Boothe, Douglas Burks, Aaron Dagres, Kathryn Deitsch, Linda Goldenhar, Mark John Griffiths, Hamilton County Young Democrats, Andrew Harris, Beth Hutton, Sarah Inskeep, League of Women Voters of Ohio, Cynthia Libster, Ria Megnin, Elizabeth Myer, Lawrence Nadler, Northeast Ohio Young Black Democrats, Ohio A. Philip Randolph Institute, Tristan Rader, Constance Rubin, The Ohio State University College Democrats, Teresa Thobaben, Chitra Walker. (Attachments: # 1 Appendix) (Levenson, Freda) Modified on 9/5/2018 (eh). (Entered: 08/29/2018)

MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number 0648-6579962) of Kyunghoon John Woo by Plaintiffs LuAnn Boothe, Douglas Burks, Aaron Dagres, Kathryn Deitsch, Linda Goldenhar, Mark John Griffiths, Hamilton County Young Democrats, Andrew Harris, Beth Hutton, Sarah Inskeep, League of Women Voters of Ohio, Cynthia Libster, Ria Megnin, Elizabeth Myer, Lawrence Nadler, Northeast Ohio Young Black Democrats, Ohio A. Philip Randolph Institute, Tristan Rader, Constance Rubin, The Ohio State University College Democrats, Teresa Thobaben, Chitra Walker. (Attachments: # 1 Appendix) (Levenson, Freda) Modified on 9/5/2018 (eh). (Entered: 08/29/2018)

STATUS REPORT Proposed Agenda by Plaintiffs Douglas Burks, Aaron Dagres, Kathryn Deitsch, Linda Goldenhar, Mark John Griffiths, Hamilton County Young Democrats, Andrew Harris, Beth Hutton, Sarah Inskeep, League of Women Voters of Ohio, Cynthia Libster, Ria Megnin, Elizabeth Myer, Lawrence Nadler, Northeast Ohio Young Black Democrats, Ohio A. Philip Randolph Institute, Tristan Rader, Constance Rubin, The Ohio State University College Democrats, Teresa Thobaben, Chitra Walker. (Baker, Michael) (Entered: 08/31/2018)

Status Conference

Minute Entry and Notation Order: This case came before the Court for a status conference by telephone on 8/31/18 at 2:00 p.m. Freda Levinson, Robert Fram, Michael Baker, and Alora Thomas appeared on behalf of Plaintiffs; Phillip Strach, Steve Voigt, Nicole Koppitch, and Ann Yackshaw appeared on behalf of Defendants; Patrick Lewis appeared on behalf of Intervenors. Counsel agreed that Plaintiffs will provide their fee report at the end of September 2018 and every four months thereafter. Counsel reported that Defendants did not withhold production of any documents pursuant to legislative privilege. Counsel agreed to discuss, outside the presence of the Court, their potential disputes regarding (1) the applicability of the Rule 26(f) Report as to Intervenors and (2) Plaintiffs' document production. Counsel shall jointly notify the Court via email (to black_chambers@ohsd.uscourts.gov) by 9/7/18 whether those issues are resolved or whether the parties require an informal discovery conference. IT IS SO ORDERED. Signed by Judge Timothy S. Black. (Court Reporter Luke Lavin.) (jlm)