Case: Schmitt v. Husted

2:18-cv-00966 | U.S. District Court for the Southern District of Ohio

Filed Date: Aug. 28, 2018

Closed Date: Nov. 8, 2021

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Case Summary

This case alleged that Portage County and Ohio state officials acted as "gatekeepers" by having near-total discretion in determining which initiatives were included on Ohio's ballots. On August 28, 2018, three individuals sued the Ohio Secretary of State Jon Husted in his official capacity and the Portage County Board of Elections and each of its four members in their official capacities in the United States District Court for the Southern District of Ohio, seeking a declaratory judgment, a pre…

This case alleged that Portage County and Ohio state officials acted as "gatekeepers" by having near-total discretion in determining which initiatives were included on Ohio's ballots.

On August 28, 2018, three individuals sued the Ohio Secretary of State Jon Husted in his official capacity and the Portage County Board of Elections and each of its four members in their official capacities in the United States District Court for the Southern District of Ohio, seeking a declaratory judgment, a preliminary injunction, and a temporary restraining order prohibiting Defendants from enforcing and/or applying three Ohio laws that allowed the Portage County Board of Elections to act as “gatekeepers” in deciding which initiatives were included on Ohio’s ballots. Two of the Plaintiffs had drafted and circulated two ballot initiatives in two Ohio villages in Portage County, Garrettsville and Windham. Both initiatives proposed ordinances decriminalizing marijuana possession. They then submitted the ballot initiatives to the Portage County Board of Elections, which rejected their certification for the ballot. The third Plaintiff was an individual voter who supported the initiatives. Plaintiffs alleged that the Ohio laws deprived them of their First Amendment rights under the United States Constitution insofar as they were content-based restrictions on speech, and the State of Ohio could not provide a compelling government interest to justify such restrictions or prove that the laws were narrowly tailored to achieve such interest.

Under Ohio law, the local county board of elections reviews and certifies the sufficiency and validity of initiative petitions, and it also determines whether the petition satisfies the statutory prerequisites to place the issue on the ballot. This is known as the "gatekeeper mechanism." Plaintiffs argued that the gatekeeper mechanism violated their rights under the First and Fourteenth Amendments. They claimed that neither the Ohio Constitution nor state laws provided a remedy when a board of elections rejects an initiative petition. By contrast, if the local board deemed an initiative petition valid, the Supreme Court of Ohio had original jurisdiction to review the petition's validity. Plaintiffs argued that without the right to review denied petitions, the gatekeeper mechanism violated their First Amendment rights related to voting upon initiative-generated legislation. They also claimed that their right to due process was violated. The Due Process Clause of the Fourteenth Amendment also protects the freedoms of speech and association and the right to petition for redress of grievances.

On September 19, 2018, Chief Judge Edmund A. Sargus, Jr. granted Plaintiffs’ application for a temporary restraining order and directed the Ohio Secretary of State and Portage County Board of Elections to place both initiatives on the ballot for the election on November 6, 2018. 341 F.Supp.3d 784. The Court recognized that while Ohio has strong interests in ensuring its elections are run fairly and honestly, Ohio did not have a legitimate state interest in preventing an adequate legal remedy for petitioners denied ballot access by a board of elections. The Court further held that without a right to appeal or review, Plaintiffs would suffer irreparable harm. Depriving Plaintiffs of a right to review harmed not only Plaintiffs themselves but also Ohio voters who would not have an opportunity to vote on these initiatives and no way to seek redress when ballot initiatives are blocked. A status conference was held on October 4, 2018, which resulted in an order converting the temporary restraining order into a preliminary injunction expiring November 7, 2018. The parties were also ordered to brief the constitutionality of the Ohio laws.

Oral argument on the constitutionality of the Ohio laws was held December 19, 2018, and on February 11, 2019, the Court reinstated, as a permanent injunction, the relief granted in its September 19, 2018 order. 363 F.Supp.3d 842. The Court's reasoning was similar to the reasoning it used in its decision on the TRO: while Ohio has a legitimate state interest in ensuring its elections are run fairly and efficiently, there is no legitimate state interest in withholding a legal remedy for petitioners denied ballot access by a board of elections. This denied Plaintiffs' procedural due process rights.

In 2019, Frank LaRose became Ohio's Secretary of State and was substituted for Defendant Jon Husted. Defendant LaRose filed a Motion for Reconsideration on February 25, 2019, and a Notice of Appeal to the United States Court of Appeals for the Sixth Circuit on March 12, 2019, contemporaneous with a motion to stay enforcement of the District Court’s order pending appeal. On March 18, 2019, the Court granted in part and denied in part the motion to stay, staying the permanent injunction for ten days to provide Defendant the opportunity to move the Sixth Circuit for relief. 2019 WL 1243016. On April 15, 2019, the Court also granted Defendant's Motion for Reconsideration (which the Court addressed as a Motion for Clarification of its February 11, 2019 Order).

On August 7, 2019, the Sixth Circuit Court of Appeals reversed the District Court’s order and vacated the permanent injunction, finding that the Ohio laws did not violate Plaintiffs’ First or Fourteenth Amendment rights under the United States Constitution. 933 F.3d 628. The Court began by holding that Ohio's ballot initiative statutes were not a prior restraint on political speech. Citing Supreme Court precedent holding that ballots serve primarily to elect candidates, not as forums for political expression, the Court evaluated Plaintiffs' First Amendment challenge under a three-step framework. First, is the burden imposed by Ohio's ballot-initiative statutes "severe."? The Court answered that question in the negative, finding the burden imposed by the Ohio statutes as somewhere between minimal and severe. Second, the Court examined Ohio's justifications for the restriction. The Court found that Ohio had a legitimate and substantial interest in maintaining voter confidence in the electoral process by ensuring that only ballot-eligible initiatives go to the voters. Third, the Court assessed whether the State's restrictions are constitutionally valid given the strength of its proferred interests. While Ohio's chosen method for screening ballot initiatives was not the least restrictive, it was not unreasonable either, given the State's significant interest in regulating elections. Next, the Court addressed the lower court's ruling that Plaintiffs' procedural due process rights under the Fourteenth Amendment were violated. Plaintiffs did not raise a procedural due process argument before the trial court; rather, the trial court made the argument for them. The Court determined that the State afforded aggrieved parties a right to review via the availability of mandamus relief in Ohio's state courts. Under a writ of mandamus, a court orders a government official to fulfill its duties. The Sixth Circuit had previously held that state court mandamus is a satisfactory remedy for purposes of procedural due process. Thus, the Sixth Circuit concluded that Plaintiffs could not state a procedural due process claim.

On February 7, 2020, Plaintiffs filed a petition for a writ of certiorari in the United States Supreme Court. The Supreme Court denied the writ on May 28, 2020. 140 S.Ct. 2803 (2020). This effectively ended the substance of the case.

While unrelated to the substance of the case, the parties continued to litigate the issue of attorneys’ fees and costs. On December 4, 2019, the District Court denied Plaintiffs’ motions for attorneys’ fees and denied Defendant’s bill of costs. 2019 WL 6527976. Plaintiffs appealed this decision to the Sixth Circuit Court of Appeals on September 26, 2020, and the Sixth Circuit affirmed on June 15, 2021, finding that the District Court did not abuse its discretion when it denied Plaintiffs’ fee request. 2021 WL 4592524. Plaintiffs petitioned the United States Supreme Court for a writ of certiorari on September 30, 2021, and such petition was denied on November 9, 2021. 142 S.Ct. 466 (2021). This constituted the last filing in the case.

The case is now closed.

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Summary Authors

Lauren Jameson (12/27/2023)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/7762986/parties/schmitt-v-husted/

Judge(s)

Attorney for Plaintiff

Brown, Mark R (Ohio)

Kafantaris, Mark George (Ohio)

Attorney for Defendant

Meduri, Christopher J. (Ohio)

Pfeiffer, Julie M (Ohio)

Pierce, Sarah Elaine (Ohio)

Judge(s)

Sargus, Edmund A. (Ohio)

Attorney for Plaintiff

Brown, Mark R (Ohio)

Kafantaris, Mark George (Ohio)

Attorney for Defendant

Meduri, Christopher J. (Ohio)

Pfeiffer, Julie M (Ohio)

Pierce, Sarah Elaine (Ohio)

Staff, Renata Y (Ohio)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
1-3 2:18-cv-00966	Exhibit 3 to Verified Complaint	Aug. 28, 2018	Aug. 28, 2018 Complaint
1-1 2:18-cv-00966	Exhibit 1 to Verified Complaint	Aug. 28, 2018	Aug. 28, 2018 Complaint
1-5 2:18-cv-00966	Exhibit 5 to Verified Complaint	Aug. 28, 2018	Aug. 28, 2018 Complaint
1-7 2:18-cv-00966	Exhibit 7 to Verified Complaint	Aug. 28, 2018	Aug. 28, 2018 Complaint
3 2:18-cv-00966	Motion for Preliminary Injunction and/or TRO and Attached Memorandum of Law in Support	Aug. 28, 2018	Aug. 28, 2018 Pleading / Motion / Brief
1-6 2:18-cv-00966	Exhibit 6 to Verified Complaint	Aug. 28, 2018	Aug. 28, 2018 Complaint
1 2:18-cv-00966	Verified Complaint	Aug. 28, 2018	Aug. 28, 2018 Complaint
1-2 2:18-cv-00966	Exhibit 2 to Verified Complaint	Aug. 28, 2018	Aug. 28, 2018 Complaint
1-4 2:18-cv-00966	Exhibit 4 to Verified Complaint	Aug. 28, 2018	Aug. 28, 2018 Complaint
18 2:18-cv-00966	Defendant Ohio Secretary Of State Jon Husted's Memorandum Contra Plaintiffs' Motion For Preliminary Relief	Sept. 12, 2018	Sept. 12, 2018 Pleading / Motion / Brief

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/7762986/schmitt-v-husted/

Last updated Dec. 21, 2024, 8:47 a.m.

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ECF Number	Description	Date	Link Date / Link
1	COMPLAINT against All Defendants ( Filing fee $ 400 paid - receipt number: 0648-6577999), filed by william t. schmitt. [ELECTION ISSUE(S) CITED] (Attachments: # 1 Exhibit Garrettsville Initiative, # 2 Exhibit Windham Initiative, # 3 Exhibit Board Minutes, # 4 Exhibit Notice to Thompson, # 5 Exhibit Norwood Initiative, # 6 Exhibit Fremont Initiative, # 7 Exhibit Oregon Initiative, # 8 Civil Cover Sheet) (Brown, Mark) (Entered: 08/28/2018) 1 Exhibit Garrettsville Initiative View on Clearinghouse 2 Exhibit Windham Initiative View on Clearinghouse 3 Exhibit Board Minutes View on Clearinghouse 4 Exhibit Notice to Thompson View on Clearinghouse 5 Exhibit Norwood Initiative View on Clearinghouse 6 Exhibit Fremont Initiative View on Clearinghouse 7 Exhibit Oregon Initiative View on Clearinghouse 8 Civil Cover Sheet View on RECAP	Aug. 28, 2018	Aug. 28, 2018 Clearinghouse
2	NOTICE of Appearance by Mark R Brown for Plaintiffs Chad Thompson, debbie blewitt, william t. schmitt (Brown, Mark) (Entered: 08/28/2018)	Aug. 28, 2018	Aug. 28, 2018 PACER
3	MOTION for Temporary Restraining Order and/or Preliminary Injunction by Plaintiffs Chad Thompson, debbie blewitt, william t. schmitt. [ELECTION ISSUE(S) CITED] (Brown, Mark) (Entered: 08/28/2018)	Aug. 28, 2018	Aug. 28, 2018 Clearinghouse
4	Proposed Pretrial Order Temporarily Restraining Defendants by Plaintiff william t. schmitt. (Brown, Mark) (Entered: 08/28/2018)	Aug. 28, 2018	Aug. 28, 2018 PACER
5	NOTICE of Appearance by Mark George Kafantaris for Plaintiffs Chad Thompson, debbie blewitt, william t. schmitt (Kafantaris, Mark) (Entered: 08/28/2018)	Aug. 28, 2018	Aug. 28, 2018 PACER
6	NOTICE of Hearing: Telephone Conference set for 8/29/2018 at 11:30 AM before Chief Judge Edmund A. Sargus. (cmw) (Entered: 08/29/2018)	Aug. 29, 2018	Aug. 29, 2018 PACER
7	NOTICE of Appearance by Sarah Elaine Pierce for Defendant Jon Husted (Pierce, Sarah) (Entered: 08/29/2018)	Aug. 29, 2018	Aug. 29, 2018 PACER
8	NOTICE of Appearance by Renata Y Staff for Defendant Jon Husted (Staff, Renata) (Entered: 08/29/2018)	Aug. 29, 2018	Aug. 29, 2018 PACER
	Minute Entry for proceedings held before Chief Judge Edmund A. Sargus: Telephone Conference held on 8/29/2018. (Court Reporter: Darla Coulter) (cmw)	Aug. 29, 2018	Aug. 29, 2018 PACER
9	ORDER - Defendant's response is due on or before 9/12/18. Plaintiff's reply is due on or before 9/14/18. Oral argument will take place before the Court on 9/17/18. Signed by Chief Judge Edmund A. Sargus on 8/29/2018. (cmw) (Entered: 08/29/2018)	Aug. 29, 2018	Aug. 29, 2018 PACER
10	WAIVER OF SERVICE Returned Executed. Waiver sent to Jon Husted on 8/29/2018, answer due 10/29/2018. (Brown, Mark) (Entered: 08/29/2018)	Aug. 29, 2018	Aug. 29, 2018 PACER
11	WAIVER OF SERVICE Returned Executed. Waiver sent to Doria Daniels on 8/29/2018, answer due 10/29/2018. (Brown, Mark) (Entered: 08/29/2018)	Aug. 29, 2018	Aug. 29, 2018 PACER
12	WAIVER OF SERVICE Returned Executed. Waiver sent to Patricia Nelson on 8/29/2018, answer due 10/29/2018. (Brown, Mark) (Entered: 08/29/2018)	Aug. 29, 2018	Aug. 29, 2018 PACER
13	WAIVER OF SERVICE Returned Executed. Waiver sent to Elayne J. Cross on 8/29/2018, answer due 10/29/2018. (Brown, Mark) (Entered: 08/29/2018)	Aug. 29, 2018	Aug. 29, 2018 PACER
14	WAIVER OF SERVICE Returned Executed. Waiver sent to Craig M. Stephens on 8/29/2018, answer due 10/29/2018. (Brown, Mark) (Entered: 08/29/2018)	Aug. 29, 2018	Aug. 29, 2018 PACER
15	NOTICE of Hearing:Hearing and Oral Argument set for 9/17/2018 at 09:30 AM in Courtroom 2 - Columbus before Chief Judge Edmund A. Sargus. (cmw) (Entered: 08/31/2018)	Aug. 31, 2018	Aug. 31, 2018 PACER
16	NOTICE of Appearance by Christopher J. Meduri for Defendants Elayne J. Cross, Doria Daniels, Patricia Nelson and Craig M. Stephens. (sem) (Entered: 09/12/2018)	Sept. 12, 2018	Sept. 12, 2018 PACER
17	RESPONSE in Opposition re 3 MOTION for Temporary Restraining Order and/or Preliminary Injunction filed by Defendants Elayne J. Cross, Doria Daniels, Patricia Nelson and Craig M. Stephens. (sem) (Entered: 09/12/2018)	Sept. 12, 2018	Sept. 12, 2018 Clearinghouse
18	RESPONSE in Opposition re 3 MOTION for Temporary Restraining Order and/or Preliminary Injunction filed by Defendant Jon Husted. (Staff, Renata) (Entered: 09/12/2018)	Sept. 12, 2018	Sept. 12, 2018 Clearinghouse
19	REPLY to Response to Motion re 3 MOTION for Temporary Restraining Order and/or Preliminary Injunction filed by Plaintiffs Debbie Blewitt, William T. Schmitt, Chad Thompson. (Brown, Mark) (Entered: 09/13/2018)	Sept. 13, 2018	Sept. 13, 2018 Clearinghouse
20	NOTICE by Plaintiff William T. Schmitt re 19 Reply to Response to Motion Supplemental Authority (Attachments: # 1 Exhibit State ex rel. Bolzenius v. Preisse) (Brown, Mark) (Entered: 09/14/2018)	Sept. 14, 2018	Sept. 14, 2018 PACER
21	Minute Entry for proceedings held before Chief Judge Edmund A. Sargus: Hearing and Oral Argument held on 9/17/2018. (Court Reporter: Darla Coulter) (cmw) (Entered: 09/17/2018)	Sept. 17, 2018	Sept. 17, 2018 PACER
22	ORDER Granting 3 Motion for TRO. Signed by Chief Judge Edmund A. Sargus on 9/19/2018. (plb)	Sept. 19, 2018	Sept. 19, 2018 Clearinghouse
23	NOTICE of Hearing: Preliminary Injunction Hearing set for 10/16/2018 at 09:30 AM in Courtroom 2 - Columbus before Chief Judge Edmund A. Sargus. (cmw) (Entered: 09/21/2018)	Sept. 21, 2018	Sept. 21, 2018 PACER
24	NOTICE of Hearing: Telephone Status Conference set for 10/3/2018 at 01:30 PM via Teleconference before Chief Judge Edmund A. Sargus. (cmw) (Entered: 09/26/2018)	Sept. 26, 2018	Sept. 26, 2018 PACER
25	NOTICE of Hearing: Telephone Status Conference RESET for 10/4/2018 at 09:00 AM via Teleconference before Chief Judge Edmund A. Sargus. (cmw) (Entered: 10/03/2018)	Oct. 3, 2018	Oct. 3, 2018 PACER
26	ORDER - re 22 Order on Motion for TRO. The Temporary Restraining Order is hereby extended, not to exceed another 14 days, subject to any superseding order arising out of the October 16, 2018 hearing. Signed by Chief Judge Edmund A. Sargus on 10/3/2018. (cmw) (Entered: 10/03/2018)	Oct. 3, 2018	Oct. 3, 2018 Clearinghouse
27	NOTICE of Hearing: Oral Argument set for 12/18/2018 at 10:00 AM in Courtroom 2 - Columbus before Chief Judge Edmund A. Sargus. (cmw) (Entered: 10/04/2018)	Oct. 4, 2018	Oct. 4, 2018 PACER
	Minute Entry for proceedings held before Chief Judge Edmund A. Sargus: Telephone Status Conference held on 10/4/2018. (Court Reporter: Allison Kimmel) (cmw)	Oct. 4, 2018	Oct. 4, 2018 PACER
28	ORDER - The Court CONVERTS the temporary restraining order to a preliminary injunction, which expires on November 7, 2018. Additionally, the parties will adhere to the following: The Court cancels the preliminary injunction hearing scheduled for 10/16/2018 at 9:00 a.m.; Defendants shall file a brief on the constitutionality of Ohio Laws at issue in the case on or before 11/4/2018; Plaintiffs shall respond on or before 12/4/2018; Defendants shall reply on or before 12/14/2018; and The Court will hold Oral Argument on 12/18/2018 at 10:00 a.m. in courtroom number 2. Signed by Chief Judge Edmund A. Sargus on 10/4/2018. (cmw) (Entered: 10/04/2018)	Oct. 4, 2018	Oct. 4, 2018 Clearinghouse
29	ANSWER to 1 Complaint, filed by Jon Husted. (Staff, Renata) (Entered: 10/29/2018)	Oct. 29, 2018	Oct. 29, 2018 RECAP
30	BRIEF re 28 Order,, by Defendant Jon Husted. (Pierce, Sarah) (Entered: 11/02/2018)	Nov. 2, 2018	Nov. 2, 2018 Clearinghouse
31	Defendant Portage County Board of Elections ANSWER to 1 Complaint, filed by All Defendants. (Meduri, Christopher) (Entered: 11/02/2018)	Nov. 2, 2018	Nov. 2, 2018 PACER
32	BRIEF re 30 Brief by Plaintiff William T. Schmitt. (Attachments: # 1 Affidavit Schmitt Declaration, # 2 Affidavit Thompson Declaration) (Brown, Mark) (Entered: 11/18/2018) 1 Affidavit Schmitt Declaration View on RECAP 2 Affidavit Thompson Declaration View on RECAP	Nov. 18, 2018	Nov. 18, 2018 Clearinghouse
33	NOTICE of Hearing:Oral Argument RESET for 12/19/2018 at 09:30 AM in Courtroom 2 - Columbus before Chief Judge Edmund A. Sargus. (cmw) (Entered: 12/06/2018)	Dec. 6, 2018	Dec. 6, 2018 PACER
34	Respondent's REPLY BRIEF by Jon Husted DEFENDANT OHIO SECRETARY OF STATE JON HUSTEDS REPLY IN SUPPORT OF MERIT BRIEF. (Pierce, Sarah) (Entered: 12/14/2018)	Dec. 14, 2018	Dec. 14, 2018 Clearinghouse
35	Response by Defendant Elayne J. Cross. (Meduri, Christopher) (Entered: 12/17/2018)	Dec. 17, 2018	Dec. 17, 2018 PACER
36	Minute Entry for proceedings held before Chief Judge Edmund A. Sargus: Oral Argument held on 12/19/2018. (Court Reporter: Darla Coulter) (cmw) (Entered: 12/19/2018)	Dec. 19, 2018	Dec. 19, 2018 PACER
	Status Conference	Dec. 19, 2018	Dec. 19, 2018 PACER
37	Opinion and Order - The Court REINSTATES and CONVERTS to permanent injunction the preliminary injunctive relief granted in its Opinion and Order Issued on September 19, 2018 ECF No. 22 . Signed by Chief Judge Edmund A. Sargus on 2/11/2019. (cmw)	Feb. 11, 2019	Feb. 11, 2019 Clearinghouse
38	CLERK'S JUDGMENT - Pursuant to the Opinion and Order Issued on February 11, 2019 - The Court REINSTATES and CONVERTS to permanent injunction the preliminary injunctive relief granted in its Opinion and Order Issued on September 19, 2018 ECF No. 22 . Signed by Chief Judge Edmund A. Sargus on 2/11/2019. (cmw) (Entered: 02/11/2019)	Feb. 11, 2019	Feb. 11, 2019 Clearinghouse
39	MOTION for Reconsideration re 37 Order by Defendant Jon Husted. (Pierce, Sarah) (Entered: 02/25/2019)	Feb. 25, 2019	Feb. 25, 2019 Clearinghouse
40	RESPONSE in Opposition re 39 MOTION for Reconsideration re 37 Order filed by Plaintiffs Debbie Blewitt, William T. Schmitt, Chad Thompson. (Brown, Mark) (Entered: 03/11/2019)	March 11, 2019	March 11, 2019 Clearinghouse
41	NOTICE OF APPEAL re 37 Order (Filing fee has been paid, receipt number 0648-6836448) by Defendant Jon Husted. (Pierce, Sarah) (Entered: 03/12/2019)	March 12, 2019	March 12, 2019 Clearinghouse
42	MOTION to Stay re 41 Notice of Appeal, 37 Order by Defendant Jon Husted. (Pierce, Sarah) (Entered: 03/12/2019)	March 12, 2019	March 12, 2019 RECAP
43	RESPONSE in Opposition re 42 MOTION to Stay re 41 Notice of Appeal, 37 Order filed by Plaintiffs Debbie Blewitt, William T. Schmitt, Chad Thompson. (Brown, Mark) (Entered: 03/14/2019)	March 14, 2019	March 14, 2019 RECAP
44	USCA Case Number 19-3196 for 41 Notice of Appeal filed by Jon Husted. (pb) (Entered: 03/14/2019)	March 14, 2019	March 14, 2019 RECAP
45	First MOTION for Attorney Fees by Plaintiffs Debbie Blewitt, William T. Schmitt, Chad Thompson. (Attachments: # 1 Affidavit Brown Declaration, # 2 Affidavit Kafantaris Declaration) (Brown, Mark) (Entered: 03/15/2019) 1 Affidavit Brown Declaration View on RECAP 2 Affidavit Kafantaris Declaration View on RECAP	March 15, 2019	March 15, 2019 RECAP
46	ORDER granting in part and denying in part 42 Motion to stay pending appeal. Specifically, the Courts STAYS the permanent injunction for TEN DAYS, which will provide the Secretary the opportunity to move the Sixth Circuit for relief. Signed by Chief Judge Edmund A. Sargus on 3/18/2019. (cmw)	March 18, 2019	March 18, 2019 Clearinghouse
47	REPLY to Response to Motion re 39 MOTION for Reconsideration re 37 Order filed by Defendant Jon Husted. (Pierce, Sarah) (Entered: 03/18/2019)	March 18, 2019	March 18, 2019 RECAP
48	Joint MOTION to Stay re 45 First MOTION for Attorney Fees Agreed Motion to Stay Briefing on Plaintiffs Motion for Attorneys Fees and Costs Pending Appeal by Defendant Jon Husted. (Attachments: # 1 Text of Proposed Order) (Staff, Renata) (Entered: 03/20/2019) 1 Text of Proposed Order View on RECAP	March 20, 2019	March 20, 2019 RECAP
49	ORDER granting 48 Motion to Stay Briefing on Plaintiffs' Motion for Attorneys' Fees and Costs Pending Appeal. Signed by Chief Judge Edmund A. Sargus on 4/1/2019. (cmw)	April 1, 2019	April 1, 2019 RECAP
50	ORDER granting 39 Motion for Reconsideration. Signed by Chief Judge Edmund A. Sargus on 4/15/2019. (cmw)	April 15, 2019	April 15, 2019 Clearinghouse
51	USCA CASE NUMBER re: ORDER granting Motion for Reconsideration: 19-3196, case management specialist Amy Gigliotti, 513-564-7012. (er) (Entered: 04/23/2019)	April 19, 2019	April 19, 2019 PACER
52	Transcript of TRO Proceedings held on 9-17-2018, before Chief Judge Edmund A. Sargus, Jr. Court Reporter/Transcriber Darla J. Coulter, Telephone number 614-719-3245. 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 5/14/2019. Redacted Transcript Deadline set for 5/24/2019. Release of Transcript Restriction set for 7/22/2019. (Coulter, Darla) (Entered: 04/23/2019)	April 23, 2019	April 23, 2019 PACER
53	Transcript of Preliminary Injunction Proceedings held on 12-19-18, before Chief Judge Edmund A. Sargus, Jr. Court Reporter/Transcriber Darla J. Coulter, Telephone number 614-719-3245. 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 5/14/2019. Redacted Transcript Deadline set for 5/24/2019. Release of Transcript Restriction set for 7/22/2019. (Coulter, Darla) (Entered: 04/23/2019)	April 23, 2019	April 23, 2019 PACER
54	USCA OPINION and JUDGMENT as to 41 Notice of Appeal reversing the district court's order and vacating the permanent injunction. Note: Mandate to issue. (sct) (Entered: 08/08/2019)	Aug. 7, 2019	Aug. 7, 2019 RECAP
55	BILL OF COSTS by Ohio Secretary of State Frank LaRose by Defendant Jon Husted. (Staff, Renata) (Entered: 08/20/2019)	Aug. 20, 2019	Aug. 20, 2019 PACER
	Bill of Costs Briefing Schedule Notice	Aug. 20, 2019	Aug. 20, 2019 PACER
56	Clerk's Notice of Briefing schedule re 55 Bill of Costs: Response to Bill of Costs due 9/10/2019; Reply to Bill of Costs due 9/24/2019. (er) (Entered: 08/20/2019)	Aug. 20, 2019	Aug. 20, 2019 PACER
57	MOTION to Stay re 56 Bill of Costs Briefing Schedule Notice, 55 Bill of Costs by Plaintiffs Debbie Blewitt, William T. Schmitt, Chad Thompson. (Brown, Mark) (Entered: 08/23/2019)	Aug. 23, 2019	Aug. 23, 2019 RECAP
58	NOTICE of Substitution of Counsel - Renata Y Staff substituting for Sarah E. Pierce as to Defendant Jon Husted. (Staff, Renata) (Entered: 08/28/2019)	Aug. 28, 2019	Aug. 28, 2019 PACER
59	Response re 55 Bill of Costs by Plaintiff William T. Schmitt. (Brown, Mark) (Entered: 09/08/2019)	Sept. 8, 2019	Sept. 8, 2019 PACER
60	NOTICE of Appearance by Julie M Pfeiffer for Defendant Jon Husted (Pfeiffer, Julie) (Entered: 09/09/2019)	Sept. 9, 2019	Sept. 9, 2019 PACER
61	RESPONSE in Opposition re 57 MOTION to Stay re 56 Bill of Costs Briefing Schedule Notice, 55 Bill of Costs filed by Defendant Jon Husted. (Pfeiffer, Julie) (Entered: 09/13/2019)	Sept. 13, 2019	Sept. 13, 2019 PACER
62	REPLY to Response to Motion re 57 MOTION to Stay re 56 Bill of Costs Briefing Schedule Notice, 55 Bill of Costs filed by Plaintiffs Debbie Blewitt, William T. Schmitt, Chad Thompson. (Attachments: # 1 Exhibit Sixth Circuit Mandate) (Brown, Mark) (Entered: 09/13/2019)	Sept. 13, 2019	Sept. 13, 2019 PACER
63	MANDATE of USCA as to 41 Notice of Appeal: No costs taxed. (er) (Entered: 09/16/2019)	Sept. 13, 2019	Sept. 13, 2019 RECAP
64	Response re 55 Bill of Costs Ohio Secretary of States Reply in Support of Bill of Costs by Defendant Jon Husted. (Pfeiffer, Julie) (Entered: 09/24/2019)	Sept. 24, 2019	Sept. 24, 2019 PACER
65	MOTION File Sur-Reply to Defendant's Costs Reply re 64 Response (non motion) by Plaintiffs Debbie Blewitt, William T. Schmitt, Chad Thompson. (Attachments: # 1 Appendix Plaintiffs' Sur-Reply) (Brown, Mark) (Entered: 09/25/2019) 1 Appendix Plaintiffs' Sur-Reply View on PACER	Sept. 25, 2019	Sept. 25, 2019 RECAP
66	RESPONSE in Opposition re 65 MOTION File Sur-Reply to Defendant's Costs Reply re 64 Response (non motion), 45 First MOTION for Attorney Fees filed by Defendant Jon Husted. (Meduri, Christopher) (Entered: 09/30/2019)	Sept. 30, 2019	Sept. 30, 2019 PACER
67	REPLY to Response to Motion re 45 First MOTION for Attorney Fees filed by Plaintiffs Debbie Blewitt, William T. Schmitt, Chad Thompson. (Brown, Mark) (Entered: 10/03/2019)	Oct. 3, 2019	Oct. 3, 2019 PACER
68	MOTION for Attorney Fees by Plaintiffs Debbie Blewitt, William T. Schmitt, Chad Thompson. (Attachments: # 1 Affidavit Brown Declaration) (Brown, Mark) (Entered: 10/22/2019)	Oct. 22, 2019	Oct. 22, 2019 PACER
69	RESPONSE in Opposition re 68 MOTION for Attorney Fees filed by Defendant Jon Husted. (Pfeiffer, Julie) (Entered: 11/12/2019)	Nov. 12, 2019	Nov. 12, 2019 PACER
70	REPLY to Response to Motion re 68 MOTION for Attorney Fees filed by Plaintiffs Debbie Blewitt, William T. Schmitt, Chad Thompson. (Attachments: # 1 Affidavit Brown Declaration) (Brown, Mark) (Entered: 11/14/2019)	Nov. 14, 2019	Nov. 14, 2019 PACER
71	ORDER denying 45 Plaintiff's Motion for Attorney Fees; denying 55 Defendant's Bill of Costs; finding as moot 57 Plaintiffs' Motion to Stay the Bill of Costs; finding as moot 65 Plaintiffs' Motion to File Surreply to Defendant LaRose's Bill of Costs; denying 68 Plaintiffs' Renewed Motion for Attorneys' Fees. Signed by Judge Edmund A. Sargus on 12/4/2019. (cmw)	Dec. 4, 2019	Dec. 4, 2019 Clearinghouse
72	MOTION to Alter Judgment on Attorneys' Fees, Doc. No. 71 by Plaintiffs Debbie Blewitt, William T. Schmitt, Chad Thompson. (Brown, Mark) (Entered: 12/18/2019)	Dec. 18, 2019	Dec. 18, 2019 RECAP
73	NOTICE by Plaintiff William T. Schmitt re 72 MOTION to Alter Judgment on Attorneys' Fees, Doc. No. 71 Petition for Writ of Certiorari (Attachments: # 1 Affidavit Service of Petition for Writ of Certiorari) (Brown, Mark) (Entered: 02/04/2020) 1 Affidavit Service of Petition for Writ of Certiorari View on PACER	Feb. 4, 2020	Feb. 4, 2020 RECAP
74	Notice from Supreme Court of the United States. The petition for a writ of certiorari was filed on 2/3/20 and placed on the docket on 19-974 as case number 19-3196. (pb) (Entered: 02/07/2020)	Feb. 7, 2020	Feb. 7, 2020 RECAP
75	Notice from Supreme Court of the United States. The petition for a writ of certiorari was denied on 5/26/20. (pb) (Entered: 05/28/2020)	May 28, 2020	May 28, 2020 RECAP
76	MOTION Status Conference re 45 First MOTION for Attorney Fees and Outstanding Rule 59(e) Motion by Plaintiffs Debbie Blewitt, William T. Schmitt, Chad Thompson. (Brown, Mark) (Entered: 06/02/2020)	June 2, 2020	June 2, 2020 PACER
77	MOTION to Dismiss ( Responses due by 6/24/2020), MOTION Deny Status Conference and Close Case by Defendants Elayne J. Cross, Doria Daniels, Jon Husted, Patricia Nelson, Craig M. Stephens. (Meduri, Christopher) (Entered: 06/03/2020)	June 3, 2020	June 3, 2020 PACER
78	REPLY to Response to Motion re 77 MOTION to Dismiss MOTION Deny Status Conference and Close Case filed by Plaintiffs Debbie Blewitt, William T. Schmitt, Chad Thompson. (Brown, Mark) (Entered: 06/06/2020)	June 6, 2020	June 6, 2020 PACER
79	OPINION AND ORDER. The Court DENIES ECF No. 72 Plaintiffs' Rule 59(e) Motion to Alter or Amend Judgment Denying Attorney's Fees and DENIES ECF NO. 76 Plaintiffs' Request for a Status Conference. This case is closed. Signed by Judge Edmund A. Sargus on 9/21/2020. (cmw)	Sept. 21, 2020	Sept. 21, 2020 Clearinghouse
80	CLERK'S JUDGMENT. Signed by Deputy Clerk 9/21/2020. (cmw) (Entered: 09/21/2020)	Sept. 21, 2020	Sept. 21, 2020 PACER
81	NOTICE OF APPEAL re 79 Order on Motion to Alter Judgment,, Order on Motion for Miscellaneous Relief,, Order on Motion to Dismiss, (Filing fee has been paid, receipt number 0648-7675812) by Plaintiff William T. Schmitt. (Brown, Mark) (Entered: 09/26/2020)	Sept. 26, 2020	Sept. 26, 2020 RECAP
82	USCA Case Number 20-4025 for 81 Notice of Appeal filed by William T. Schmitt; case manager Antoinette Macon, 513-564-7015. (er) (Entered: 10/02/2020)	Oct. 2, 2020	Oct. 2, 2020 PACER
83	ORDER this case is on appeal rendering moot the 77 Motion for a Status Conference. Signed by Judge Edmund A. Sargus on 2/18/2021. (cmw) (Entered: 02/25/2021)	Feb. 25, 2021	Feb. 25, 2021 PACER
	Order on Motion for Miscellaneous Relief	Feb. 25, 2021	Feb. 25, 2021 PACER
84	ORDER of USCA as to 81 Notice of Appeal: The Sixth Circuit AFFIRMS the District Court's Order denial of the Plaintiffs' motion for attorneys' fees and the order denying the Plaintiffs' Rule 59(e) motion. Note: Mandate to issue. (er) (Entered: 06/16/2021)	June 15, 2021	June 15, 2021 RECAP
85	MANDATE of USCA Pursuant to the court's disposition that was filed 06/15/2021 the mandate for this case hereby issues7/7/21 as to 81 Notice of Appeal filed by William T. Schmitt (pb) (Entered: 07/08/2021)	July 8, 2021	July 8, 2021 PACER
86	NOTICE FROM U.S. SUPREME COURT re 81 Notice of Appeal, Assignment of Case # 21-491: The petition for a writ of certiorari was filed on 9/30/2021 and placed on the docket 10/4/2021. (er) (Entered: 10/19/2021)	Oct. 8, 2021	Oct. 8, 2021 Clearinghouse
87	Notice from Supreme Court of the United States. The petition for a writ of certiorari was denied on 11/8/2021. (er) (Entered: 11/10/2021)	Nov. 9, 2021	Nov. 9, 2021 RECAP

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Case Details

State / Territory: Ohio

Case Type(s):

Election/Voting Rights

Speech and Religious Freedom

Special Collection(s):

Law Firm Antiracism Alliance (LFAA) project

Key Dates

Filing Date: Aug. 28, 2018

Closing Date: Nov. 8, 2021

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Three individuals - two who drafted and circulated ballot initiatives calling for reductions of penalties in local ordinances in two Portage County, Ohio villages for those charged with possessing marijuana, and one who supported the initiatives.

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

State of Ohio; Portage County, Ohio Board of Elections (Portage), State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

State law

Ex parte Young (federal or state officials)