Case: Mays v. Husted

2:18-cv-01376 | U.S. District Court for the Southern District of Ohio

Filed Date: Nov. 6, 2018

Closed Date: March 3, 2020

Clearinghouse coding complete

Case Summary

This case involved allegations that state election law in Ohio deprived pre-trial detainees, who were eligible voters, of their constitutional right to vote.  On November 6, 2018, two named plaintiffs and members of a certified class sued the Ohio Secretary of State under 42 U.S.C. § 1983 in the United States District Court for the District of Ohio, Eastern Division, for violating their First and Fourteenth Amendment rights by denying their access to vote by mail from jail. The certified class …

This case involved allegations that state election law in Ohio deprived pre-trial detainees, who were eligible voters, of their constitutional right to vote. 

On November 6, 2018, two named plaintiffs and members of a certified class sued the Ohio Secretary of State under 42 U.S.C. § 1983 in the United States District Court for the District of Ohio, Eastern Division, for violating their First and Fourteenth Amendment rights by denying their access to vote by mail from jail. The certified class was made up of pre-trial detainees in Ohio who had been arrested on or after the Friday prior to the election and who would remain in detention until after Election Day. Plaintiffs were represented by the Campaign Legal Center, Demos, and the Northwestern Pritzker School of Law.  Plaintiffs sought declaratory and injunctive relief to declare the Ohio law unconstitutional, enjoin the Secretary from enforcing the law, and require him to issue an order to facilitate absentee voting for pre-trial detainees. Judge Michael H. Watson presided.

Ohio Revenue Code § 3509 prescribed limits on when individuals could submit requests for absentee ballots and when they could submit these ballots. Applications needed to be submitted by 6:00 P.M. on the Friday before an election, or by 3:00 P.M., three days prior to the election. The State of Ohio did not have a mechanism for connecting pre-trial detainees with absentee ballots, and it did not grant deadline extensions for pre-trial detainees to submit their applications. Therefore, individuals who were detained shortly before the election were unable to vote by mail or in person. However, § 3509.08(B) created exemptions to the deadlines, as well as a mechanism for ballot delivery and collection, for those suffering from unexpected hospitalization and for parents caring for minor children undergoing unexpected hospitalization. 

The court granted the two named plaintiffs a temporary restraining order on November 6, 2018, allowing them to vote by mail in the 2018 election, and the case continued to cross motions for summary judgment. The class raised two claims under § 1983 for violations of their First Amendment rights to Freedom of Association and Freedom of Expression, and for violating the Equal Protection Clause of the Fourteenth Amendment because the similarly situated individuals in hospitals were granted submission time extensions and offered in-person assistance with ballot submission. Judge Watson granted the plaintiffs' motion for summary judgment, finding that the law violated the Equal Protection Clause of the Fourteenth Amendment by creating an exemption for hospitalized individuals who were similarly situated to pre-trial detainees, but not creating a similar exemption for the plaintiffs. The court held that Ohio was unable to provide any adequate justification for the disparate impact between hospitalized voters and detained voters.

The defendant appealed to the United States Sixth Circuit Court of Appeals (Docket No. 19-4112) and, on March 3, 2020, the Sixth Circuit reversed the judgment of the District Court and granted summary judgment to the defendant. The court held that because the class was not entirely denied the right to vote, the burden the class would face was not high enough to justify strict scrutiny, and the limited resources of local boards of elections was a sufficient justification for not facilitating absentee ballot access for pre-trial detainees.

The case is now closed.

Summary Authors

Tommy Bowles (7/15/2024)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/8139581/parties/mays-v-larose/


show all people

Documents in the Clearinghouse

Document
3

2:18-cv-01376

Emergency Motion for TRO

Nov. 6, 2018

Nov. 6, 2018

Pleading / Motion / Brief
12

2:18-cv-01376

Order on Motion for TRO

Nov. 6, 2018

Nov. 6, 2018

Order/Opinion
1

2:18-cv-01376

Complaint

Nov. 6, 2018

Nov. 6, 2018

Complaint
25

2:18-cv-01376

Ohio Secretary of State Frank LaRose Answer to Complaint

Feb. 5, 2019

Feb. 5, 2019

Pleading / Motion / Brief
29

2:18-cv-01376

Motion for Class Certification

March 11, 2019

March 11, 2019

Pleading / Motion / Brief
54

2:18-cv-01376

Defendant's Motion for Summary Judgment

July 22, 2019

July 22, 2019

Pleading / Motion / Brief
55

2:18-cv-01376

Plaintiffs' Motion for Summary Judgment

July 22, 2019

July 22, 2019

Pleading / Motion / Brief
70

2:18-cv-01376

Opinion and Order

Nov. 6, 2019

Nov. 6, 2019

Order/Opinion

2019 WL 13162416

74

2:18-cv-01376

19-4112

US Court of Appeals Docketing Letter

U.S. Court of Appeals for the Sixth Circuit

Nov. 14, 2019

Nov. 14, 2019

Pleading / Motion / Brief
82

2:18-cv-01376

19-4112

USCA Mandate

Mays v. Larose

U.S. Court of Appeals for the Sixth Circuit

March 3, 2020

March 3, 2020

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/8139581/mays-v-larose/

Last updated Jan. 31, 2025, 6:32 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Jon Husted ( Filing fee $ 400 paid - receipt number: 0648-6668772), filed by Tommy Ray Mays, II, Quinton Nelson, Sr. [ELECTION ISSUE(S) CITED] (Attachments: # 1 Exhibit A: Letter to Sec'y Husted, # 2 Civil Cover Sheet, # 3 Summons Form) (Awan, Naila) (Entered: 11/06/2018)

1 Exhibit A: Letter to Sec'y Husted

View on PACER

2 Civil Cover Sheet

View on PACER

3 Summons Form

View on PACER

Nov. 6, 2018

Nov. 6, 2018

Clearinghouse
2

MOTION for Leave to File Motion for Class Certification by Plaintiffs Tommy Ray Mays, II, Quinton Nelson, Sr. (Attachments: # 1 Text of Proposed Order (Leave to File), # 2 Exhibit Proposed Class Certification Motion and Memorandum of Law, # 3 Exhibit A: Salling Report, # 4 Exhibit B: Gaber Declaration, # 5 Exhibit C: Bains Declaration, # 6 Exhibit D: Bishop Declaration, # 7 Text of Proposed Order (Class Certification)) (Awan, Naila) (Entered: 11/06/2018)

Nov. 6, 2018

Nov. 6, 2018

PACER
3

Emergency MOTION for Temporary Restraining Order by Plaintiffs Tommy Ray Mays, II, Quinton Nelson, Sr. [ELECTION ISSUE(S) CITED] (Attachments: # 1 Exhibit A (Mays Declaration), # 2 Exhibit B (Nelson Declaration), # 3 Exhibit C (Diaz Declaration), # 4 Text of Proposed Order) (Awan, Naila) (Entered: 11/06/2018)

1 Exhibit A (Mays Declaration)

View on RECAP

2 Exhibit B (Nelson Declaration)

View on RECAP

3 Exhibit C (Diaz Declaration)

View on RECAP

4 Text of Proposed Order

View on PACER

Nov. 6, 2018

Nov. 6, 2018

Clearinghouse
4

Summons Issued as to Jon Husted. (er) (Entered: 11/06/2018)

Nov. 6, 2018

Nov. 6, 2018

PACER
5

MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number 0648-6668922) of Chiraag Bains by Plaintiffs Tommy Ray Mays, II, Quinton Nelson, Sr. (Awan, Naila) (Entered: 11/06/2018)

Nov. 6, 2018

Nov. 6, 2018

PACER
6

MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number 0648-6668941) of Mark P. Gaber by Plaintiffs Tommy Ray Mays, II, Quinton Nelson, Sr. (Awan, Naila) (Entered: 11/06/2018)

Nov. 6, 2018

Nov. 6, 2018

PACER
7

MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number 0648-6668946) of Jonathan Diaz by Plaintiffs Tommy Ray Mays, II, Quinton Nelson, Sr. (Awan, Naila) (Entered: 11/06/2018)

Nov. 6, 2018

Nov. 6, 2018

PACER
8

NOTICE by Plaintiffs Tommy Ray Mays, II, Quinton Nelson, Sr re 6 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number 0648-6668941) of Mark P. Gaber (Corrected Motion for Admission Pro Hac Vice of Mark P. Gaber) (Awan, Naila) (Entered: 11/06/2018)

Nov. 6, 2018

Nov. 6, 2018

PACER
9

NOTATION ORDER granting 5, 6, and 7 Motions for Leave to Appear Pro Hac Vice of Chiraag Bains, Mark P. Gaber, and Jonathan Diaz conditional upon counsel registering for electronic filing or seeking leave to be excused from doing so within fourteen (14) days. By Magistrate Judge Chelsey M. Vascura on 11/6/2018. (ew) (Entered: 11/06/2018)

Nov. 6, 2018

Nov. 6, 2018

PACER
10

NOTICE of Appearance by Elizabeth Thym Smith for Defendant Jon Husted (Smith, Elizabeth) (Entered: 11/06/2018)

Nov. 6, 2018

Nov. 6, 2018

PACER
11

NOTICE of Appearance by Daniel E Shuey for Defendant Jon Husted (Shuey, Daniel) (Entered: 11/06/2018)

Nov. 6, 2018

Nov. 6, 2018

PACER
12

ORDER granting in part 3 Plaintiffs' Motion for TRO. Signed by Judge Michael H. Watson on 11/6/18. (jk) (Entered: 11/06/2018)

Nov. 6, 2018

Nov. 6, 2018

Clearinghouse
13

NOTICE by Defendant Jon Husted of Compliance (Smith, Elizabeth) (Entered: 11/06/2018)

Nov. 6, 2018

Nov. 6, 2018

PACER

Minute Entry for proceedings held before Judge Michael H. Watson: Motion Hearing held on 11/6/2018 re 3 Emergency MOTION for Temporary Restraining Order filed by Quinton Nelson, Sr., Tommy Ray Mays, II. (Court Reporter: Lahana DuFour) (jk)

Nov. 6, 2018

Nov. 6, 2018

PACER
14

MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number 0648-6682974) of Danielle M. Lang by Plaintiffs Tommy Ray Mays, II, Quinton Nelson, Sr. (Awan, Naila) (Entered: 11/16/2018)

Nov. 16, 2018

Nov. 16, 2018

PACER
15

MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number 0648-6683012) of Laura C. Bishop by Plaintiffs Tommy Ray Mays, II, Quinton Nelson, Sr. (Awan, Naila) (Entered: 11/16/2018)

Nov. 16, 2018

Nov. 16, 2018

PACER
16

MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number 0648-6683025) of Alexa Van Brunt by Plaintiffs Tommy Ray Mays, II, Quinton Nelson, Sr. (Awan, Naila) (Entered: 11/16/2018)

Nov. 16, 2018

Nov. 16, 2018

PACER
17

MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number 0648-6683043) of Locke E. Bowman by Plaintiffs Tommy Ray Mays, II, Quinton Nelson, Sr. (Awan, Naila) (Entered: 11/16/2018)

Nov. 16, 2018

Nov. 16, 2018

PACER
18

NOTATION ORDER granting 14, 15, 16, and 17 Motions for Leave to Appear Pro Hac Vice of Danielle M. Lang, Laura C. Bishop, Alexa Van Brunt, and Locke E. Bowman conditional upon counsel registering for electronic filing or seeking leave to be excused from doing so within fourteen (14) days. By Magistrate Judge Chelsey M. Vascura on 11/19/2018. (ew) (Entered: 11/19/2018)

Nov. 19, 2018

Nov. 19, 2018

PACER
19

WAIVER OF SERVICE Returned Executed. Waiver sent to Jon Husted on 11/6/2018, answer due 1/7/2019. (Gaber, Mark) (Entered: 12/06/2018)

Dec. 6, 2018

Dec. 6, 2018

PACER
20

Transcript of Temporary Restraining Order Proceedings held on 11/6/2018, before Judge Michael H. Watson. Court Reporter/Transcriber Lahana DuFour, Telephone number 614-719-3286. 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 12/31/2018. Redacted Transcript Deadline set for 1/10/2019. Release of Transcript Restriction set for 3/11/2019. (DuFour, Lahana) (Entered: 12/10/2018)

Dec. 10, 2018

Dec. 10, 2018

PACER
21

Unopposed MOTION for Extension of Time New date requested 2/6/2019. by Defendant Jon Husted. (Shuey, Daniel) (Entered: 12/11/2018)

Dec. 11, 2018

Dec. 11, 2018

PACER
22

NOTATION ORDER granting 21 Motion for Extension of Time. By Magistrate Judge Chelsey M. Vascura on 12/12/2018. (agm) (Entered: 12/12/2018)

Dec. 12, 2018

Dec. 12, 2018

PACER

Set/Reset Deadlines

Dec. 12, 2018

Dec. 12, 2018

PACER

Order on Motion for Extension of Time

Dec. 12, 2018

Dec. 12, 2018

PACER

Set/Reset Deadlines: Jon Husted answer due 2/6/2019. (agm)

Dec. 12, 2018

Dec. 12, 2018

PACER
23

NOTICE of Substitution of Counsel - Sarah Elaine Pierce substituting for Elizabeth Smith, Daniel E. Shuey, Sarah Spector Boudouris, Emily J. Taft as to Defendant Jon Husted. (Pierce, Sarah) (Entered: 02/01/2019)

Feb. 1, 2019

Feb. 1, 2019

PACER
24

NOTICE of Appearance by Zachery Paul Keller for Defendant Jon Husted (Keller, Zachery) (Entered: 02/01/2019)

Feb. 1, 2019

Feb. 1, 2019

PACER
25

ANSWER to 1 Complaint, filed by Jon Husted. (Pierce, Sarah) (Entered: 02/05/2019)

Feb. 5, 2019

Feb. 5, 2019

Clearinghouse
26

NOTICE of Hearing: Preliminary Pretrial Conference set for 3/26/2019 at 9:30 AM before Magistrate Judge Chelsey M. Vascura. (agm) (Entered: 02/21/2019)

Feb. 21, 2019

Feb. 21, 2019

PACER
27

RULE 26(f) REPORT by Plaintiffs Tommy Ray Mays, II, Quinton Nelson, Sr. (Awan, Naila) (Entered: 03/06/2019)

March 6, 2019

March 6, 2019

PACER

Set/Reset Hearings

March 7, 2019

March 7, 2019

PACER

Reset Hearings: Preliminary Pretrial Conference RESET for 3/11/2019 at 10:30 AM via Teleconference before Magistrate Judge Chelsey M. Vascura. (agm)

March 7, 2019

March 7, 2019

PACER

Pretrial Conference - Initial

March 11, 2019

March 11, 2019

PACER

Minute Entry for proceedings held before Magistrate Judge Chelsey M. Vascura: Initial Pretrial Conference held on 3/11/2019. (agm)

March 11, 2019

March 11, 2019

PACER
28

PRELIMINARY PRETRIAL ORDER: ECF No. 2 is GRANTED. This case is referred to the June 2019 SETTLEMENT WEEK. ( Joinder of Parties due by 3/15/2019., Motions to Amend due by 3/15/2019., Rule 26(a)(1) Disclosures due by 3/13/2019., Primary Expert due by 4/12/2019., Rebuttal Expert due by 5/3/2019., Discovery due by 6/4/2019., Dispositive motions due by 6/25/2019., Settlement Demand due by 3/29/2019., Response to Settlement Demand due by 4/15/2019.). Signed by Magistrate Judge Chelsey M. Vascura on 3/11/2019. (daf) (Entered: 03/11/2019)

March 11, 2019

March 11, 2019

PACER
29

MOTION to Certify Class by Plaintiffs Tommy Ray Mays, II, Quinton Nelson, Sr. (daf) (Entered: 03/11/2019)

March 11, 2019

March 11, 2019

Clearinghouse

Set deadlines pursuant to 28 as to 29 Motion to Certify Class: Response due by 5/17/2019. Reply due by 5/31/2019. (ew)

March 11, 2019

March 11, 2019

PACER

Set Motion and R&R Deadlines/Hearings

March 12, 2019

March 12, 2019

PACER
30

NOTICE by Plaintiffs Tommy Ray Mays, II, Quinton Nelson, Sr Notice of Submission of Expert Testimony (Attachments: # 1 Exhibit Declaration Report Appendix) (Awan, Naila) (Entered: 04/12/2019)

1

View on RECAP

April 12, 2019

April 12, 2019

PACER
31

ORDER: Counsel to confer within five (5) business days and inform the Court via e-mail by 5/10/2019 if case should NOT be set for June 2019 Settlement Week. (agm) (Entered: 04/26/2019)

April 26, 2019

April 26, 2019

PACER

Order

May 3, 2019

May 3, 2019

PACER

Telephone Conference

May 3, 2019

May 3, 2019

PACER

Minute Entry for proceedings held before Magistrate Judge Chelsey M. Vascura: Telephone Conference held on 5/3/2019. (agm)

May 3, 2019

May 3, 2019

PACER
32

NOTATION ORDER Extending Certain Case Deadlines: Rebuttal Expert due by 5/13/2019. Discovery due by 6/18/2019. Dispositive motions due by 7/9/2019. By Magistrate Judge Chelsey M. Vascura on 5/3/2019. (agm) (Entered: 05/03/2019)

May 3, 2019

May 3, 2019

PACER
33

STIPULATION Joint Stipulation and Proposed Protective Order by Plaintiffs Tommy Ray Mays, II, Quinton Nelson, Sr. (Awan, Naila) (Entered: 05/07/2019)

May 7, 2019

May 7, 2019

RECAP
34

JOINT STIPULATION and PROTECTIVE ORDER. Signed by Magistrate Judge Chelsey M. Vascura on 5/8/2019. (daf) (Entered: 05/08/2019)

May 8, 2019

May 8, 2019

PACER
35

RESPONSE in Opposition re 29 MOTION to Certify Class filed by Defendant Frank LaRose. (Keller, Zachery) (Entered: 05/17/2019)

May 17, 2019

May 17, 2019

PACER
36

NOTICE of Appearance by Bridget C Coontz for Defendant Frank LaRose (Coontz, Bridget) (Entered: 05/23/2019)

May 23, 2019

May 23, 2019

PACER
37

NOTICE of Substitution of Counsel - Julie M Pfeiffer substituting for Sarah E. Pierce as to Defendant Frank LaRose. (Pfeiffer, Julie) (Entered: 05/29/2019)

May 29, 2019

May 29, 2019

PACER
38

REPLY to Response to Motion re 29 MOTION to Certify Class filed by Plaintiffs Tommy Ray Mays, II, Quinton Nelson, Sr. (Attachments: # 1 Exhibit Fisher Deposition, # 2 Exhibit Trowbridge Deposition, # 3 Exhibit Smith Deposition) (Awan, Naila) (Entered: 05/31/2019)

1 Exhibit Fisher Deposition

View on PACER

2 Exhibit Trowbridge Deposition

View on PACER

3 Exhibit Smith Deposition

View on PACER

May 31, 2019

May 31, 2019

PACER
39

NOTICE of Appearance by Ann Yackshaw for Defendant Frank LaRose (Yackshaw, Ann) (Entered: 06/03/2019)

June 3, 2019

June 3, 2019

PACER

Telephone Conference

June 4, 2019

June 4, 2019

PACER

Minute Entry for proceedings held before Magistrate Judge Chelsey M. Vascura: Telephone Conference held on 6/4/2019. (agm)

June 4, 2019

June 4, 2019

PACER
40

MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number 0648-6956555) of Kathryn Sadasivan by Plaintiffs Tommy Ray Mays, II, Quinton Nelson, Sr. (Attachments: # 1 Exhibit Certificate of Good Standing) (Awan, Naila) (Entered: 06/06/2019)

June 6, 2019

June 6, 2019

PACER
41

NOTATION ORDER granting 40 Motion for Leave to Appear Pro Hac Vice of Kathryn Sadasivan by Magistrate Judge Chelsey M. Vascura on 6/7/2019 (kk) (Entered: 06/07/2019)

June 7, 2019

June 7, 2019

PACER

Order on Motion for Leave to Appear Pro Hac Vice

June 7, 2019

June 7, 2019

PACER
42

NOTICE of Hearing: Status Conference set for 6/17/2019 02:00 PM in Teleconference before Magistrate Judge Chelsey M. Vascura. (sln) (Entered: 06/14/2019)

June 14, 2019

June 14, 2019

PACER
43

ORDER memorializing the telephone discovery conference held on June 17, 2019. Signed by Magistrate Judge Chelsey M. Vascura on 6/17/2019. (daf) (Entered: 06/17/2019)

June 17, 2019

June 17, 2019

PACER

Minute Entry for proceedings held before Magistrate Judge Chelsey M. Vascura: Discovery Conference held on 6/17/2019. (agm)

June 17, 2019

June 17, 2019

PACER

Discovery Conference

June 18, 2019

June 18, 2019

PACER
44

NOTICE of Appearance by Jeffrey John Boucher for Defendant Frank LaRose (Boucher, Jeffrey) (Entered: 06/19/2019)

June 19, 2019

June 19, 2019

PACER
45

Unopposed MOTION for Extension of Time for the Parties to File Dispositive and Daubert Motion(s) by Defendant Frank LaRose. New date requested 7/22/2019.(Attachments: # 1 Text of Proposed Order) (Pfeiffer, Julie) Modified text on 6/24/2019 (kk2). (Entered: 06/21/2019)

June 21, 2019

June 21, 2019

PACER
46

NOTATION ORDER granting 45 Motion for Extension of Time. By Magistrate Judge Chelsey M. Vascura on 6/24/2019. (agm) (Entered: 06/24/2019)

June 24, 2019

June 24, 2019

PACER

Set/Reset Columbus PPTO Deadlines

June 24, 2019

June 24, 2019

PACER

Order on Motion for Extension of Time

June 24, 2019

June 24, 2019

PACER

Set/Reset Columbus PPTO Deadlines: Dispositive & Daubert motions due by 7/22/2019. Memos in opposition due 8/12/2019, Replies due 8/26/2019. (agm)

June 24, 2019

June 24, 2019

PACER
47

Joint MOTION for Leave to File Excess Pages by Defendants Jon Husted, Frank LaRose. (Attachments: # 1 Text of Proposed Order) (Pfeiffer, Julie) (Entered: 07/16/2019)

July 16, 2019

July 16, 2019

PACER
48

NOTATION ORDER granting 47 Joint Motion for Leave to File Excess Pages. By Magistrate Judge Chelsey M. Vascura on 7/17/2019. (daf) (Entered: 07/17/2019)

July 17, 2019

July 17, 2019

PACER

Order on Motion for Leave to File Excess Pages

July 17, 2019

July 17, 2019

PACER
49

Joint MOTION to File Document Under Seal (Joint Motion) by Defendant Frank LaRose. (Pfeiffer, Julie) Modified event type on 7/23/2019 (daf). (Entered: 07/22/2019)

July 22, 2019

July 22, 2019

PACER
50

NOTICE OF FILING DEPOSITION of Dr. Mark Salling by Defendant Frank LaRose. (Attachments: # 1 Supplement Deposition of Dr. Mark Salling) (Pfeiffer, Julie) (Entered: 07/22/2019)

July 22, 2019

July 22, 2019

PACER
51

NOTICE OF FILING DEPOSITION of Carl Trowbridge, Stephen, T. Mockabee by Defendant Frank LaRose. (Attachments: # 1 Supplement Deposition of Carl Trowbridge, # 2 Supplement Deposition of Stephen T. Mockabee) (Pfeiffer, Julie) (Entered: 07/22/2019)

July 22, 2019

July 22, 2019

PACER
52

NOTICE OF FILING DEPOSITION of Brandy Seskes, Sherry Poland, Mickey Smith, Nick Fisher, Bryan Cavender, Jan Kelly by Defendant Frank LaRose. (Attachments: # 1 Deposition of Brandy Seskes, # 2 Deposition of Sherry Poland, # 3 Deposition of Mickey Smith, # 4 Deposition of Nick Fisher, # 5 Deposition of Bryan Cavender, # 6 Deposition of Jan Kelly) (Pfeiffer, Julie) (Entered: 07/22/2019)

July 22, 2019

July 22, 2019

PACER
53

MOTION to Exclude the Expert Testimony of Dr. Mark Salling, PH.D by Defendant Frank LaRose. (Pfeiffer, Julie) (Entered: 07/22/2019)

July 22, 2019

July 22, 2019

PACER
54

MOTION for Summary Judgment by Defendant Frank LaRose. (Attachments: # 1 Declaration of Sherry L. Poland) (Pfeiffer, Julie) (Entered: 07/22/2019)

1 Declaration of Sherry L. Poland

View on PACER

July 22, 2019

July 22, 2019

Clearinghouse
55

MOTION for Summary Judgment and Memorandum in Support by Plaintiffs Tommy Ray Mays, II, Quinton Nelson, Sr. (Attachments: # 1 Affidavit Salling Declaration, # 2 Exhibit 1 - Proximity Analysis, # 3 Affidavit Diaz Declaration, # 4 Exhibit 2 - Seskes Deposition Tr., # 5 Exhibit 3 - Sanner-McClellan Email Thread, # 6 Exhibit 4 - J. Kelly Deposition Tr., # 7 Exhibit 5 - Royer Deposition Tr., # 8 Exhibit 6 - SOS Form 11-B, # 9 Exhibit 7 - Mays Deposition Tr., # 10 Exhibit 8 - Nelson Deposition Tr., # 11 Exhibit 9 - Roy Deposition Tr., # 12 Exhibit 10 - Cavender Deposition Tr., # 13 Exhibit 11 - SOS Directive 2017-06, # 14 Exhibit 12 - Defendants Response to 2nd RFAs, # 15 Exhibit 13 - Smith Deposition Tr., # 16 Exhibit 14 - Poland Deposition Tr., # 17 Exhibit 15 - Booth Email, # 18 Exhibit 16 - Miller Email, # 19 Exhibit 17 - Rine Email, # 20 Exhibit 18 - Summit Co. BOE Subpoena Response, # 21 Exhibit 19 - Franklin County Jail Flyers on Voting, # 22 Exhibit 20 - Saxon Deposition Tr., # 23 Exhibit 21 - Trowbridge Deposition Tr., # 24 Exhibit 22 - M. Kelly Deposition Tr., # 25 Exhibit 23 - Seskes-Erie County BOE Email Thread #1, # 26 Exhibit 24 - Montgomery County Jail Manual, § 5.26.1, # 27 Exhibit 25 - Fisher Deposition Tr., # 28 Exhibit 26 - SOS Directive 2014-33, # 29 Exhibit 27 - SOS Form 11-C, # 30 Exhibit 28 - SOS Directive 2014-35, # 31 Exhibit 29 - SOS Directive 2018-37, # 32 Exhibit 30 - Seskes-Erie County BOE Email Thread #2, # 33 Exhibit 31 - SOS Form 11-I, # 34 Exhibit 32 - Ohio Election Official Manual (5-55-7)) (Awan, Naila) (Entered: 07/22/2019)

1 Affidavit Salling Declaration

View on RECAP

2 Exhibit 1 - Proximity Analysis

View on RECAP

3 Affidavit Diaz Declaration

View on PACER

4 Exhibit 2 - Seskes Deposition Tr.

View on PACER

5 Exhibit 3 - Sanner-McClellan Email Thread

View on PACER

6 Exhibit 4 - J. Kelly Deposition Tr.

View on PACER

7 Exhibit 5 - Royer Deposition Tr.

View on PACER

8 Exhibit 6 - SOS Form 11-B

View on PACER

9 Exhibit 7 - Mays Deposition Tr.

View on PACER

10 Exhibit 8 - Nelson Deposition Tr.

View on PACER

11 Exhibit 9 - Roy Deposition Tr.

View on PACER

12 Exhibit 10 - Cavender Deposition Tr.

View on PACER

13 Exhibit 11 - SOS Directive 2017-06

View on PACER

14 Exhibit 12 - Defendants Response to 2nd RFAs

View on PACER

15 Exhibit 13 - Smith Deposition Tr.

View on PACER

16 Exhibit 14 - Poland Deposition Tr.

View on PACER

17 Exhibit 15 - Booth Email

View on PACER

18 Exhibit 16 - Miller Email

View on PACER

19 Exhibit 17 - Rine Email

View on PACER

20 Exhibit 18 - Summit Co. BOE Subpoena Response

View on PACER

21 Exhibit 19 - Franklin County Jail Flyers on Voting

View on PACER

22 Exhibit 20 - Saxon Deposition Tr.

View on PACER

23 Exhibit 21 - Trowbridge Deposition Tr.

View on PACER

24 Exhibit 22 - M. Kelly Deposition Tr.

View on PACER

25 Exhibit 23 - Seskes-Erie County BOE Email Thread #1

View on PACER

26 Exhibit 24 - Montgomery County Jail Manual, § 5.26.1

View on PACER

27 Exhibit 25 - Fisher Deposition Tr.

View on PACER

28 Exhibit 26 - SOS Directive 2014-33

View on PACER

29 Exhibit 27 - SOS Form 11-C

View on PACER

30 Exhibit 28 - SOS Directive 2014-35

View on PACER

31 Exhibit 29 - SOS Directive 2018-37

View on PACER

32 Exhibit 30 - Seskes-Erie County BOE Email Thread #2

View on PACER

33 Exhibit 31 - SOS Form 11-I

View on PACER

34 Exhibit 32 - Ohio Election Official Manual (5-55-7)

View on PACER

July 22, 2019

July 22, 2019

Clearinghouse
56

ORDER granting in part 49 Motion to File Document Under Seal. Signed by Magistrate Judge Chelsey M. Vascura on 7/23/2019. (daf) (Entered: 07/23/2019)

July 23, 2019

July 23, 2019

PACER
57

NOTICE of Filing Redacted Deposition Exhibits by Defendant Frank LaRose (Attachments: # 1 Trowbridge Deposition Exhibit 9, # 2 Trowbridge Deposition Exhibit 3, # 3 Salling Deposition Exhibit 14, # 4 Salling Deposition Exhibit 12, # 5 Smith Deposition Exhibit 3, # 6 Fisher Deposition Exhibit 1) (Pfeiffer, Julie) Modified text on 7/29/2019 (kk2) (Entered: 07/26/2019)

July 26, 2019

July 26, 2019

PACER
59

Unopposed MOTION for Extension of Time New date requested 8/16/2019. by Plaintiffs Tommy Ray Mays, II, Quinton Nelson, Sr. (Awan, Naila) (Entered: 07/29/2019)

July 29, 2019

July 29, 2019

PACER
60

Unopposed MOTION to Seal Depositions and File Redacted Depositions by Defendant Frank LaRose. (Pfeiffer, Julie) (Entered: 07/29/2019)

July 29, 2019

July 29, 2019

PACER
61

ORDER granting 60 Motion to Seal Depositions and File Redacted Depositions. Defendant shall file versions of these deposition transcripts redacted for personally identifying information within 7 DAYS of the date of this Order. Signed by Magistrate Judge Chelsey M. Vascura on 7/30/2019. (daf) (Entered: 07/30/2019)

July 30, 2019

July 30, 2019

PACER
62

NOTICE by Defendant Frank LaRose of Filing Redacted Deposition Transcripts (Attachments: # 1 Deposition of Carl Trowbridge, # 2 Deposition of Mickey Smith, # 3 Deposition of Brandi Seskes) (Pfeiffer, Julie) (Entered: 07/30/2019)

July 30, 2019

July 30, 2019

PACER
63

NOTATION ORDER granting 59 Motion for Extension of Time. Responses to dispositive and Daubert motions shall be filed by 8/16/2019; reply briefs, if any, shall be filed by 8/30/2019. By Magistrate Judge Chelsey M. Vascura on 7/31/2019. (agm) (Entered: 07/31/2019)

July 31, 2019

July 31, 2019

PACER

Order on Motion for Extension of Time

July 31, 2019

July 31, 2019

PACER

Set Motion and R&R Deadlines/Hearings

July 31, 2019

July 31, 2019

PACER

Set/Reset Deadlines as to 53 MOTION to Exclude the Expert Testimony of Dr. Mark Salling, PH.D, 54 MOTION for Summary Judgment, 55 MOTION for Summary Judgment and Memorandum in Support. Responses due by 8/16/2019. Replies due by 8/30/2019. (agm)

July 31, 2019

July 31, 2019

PACER
64

RESPONSE in Opposition re 55 MOTION for Summary Judgment and Memorandum in Support filed by Defendant Frank LaRose. (Pfeiffer, Julie) (Entered: 08/16/2019)

Aug. 16, 2019

Aug. 16, 2019

PACER
65

RESPONSE in Opposition re 54 MOTION for Summary Judgment filed by Plaintiffs Tommy Ray Mays, II, Quinton Nelson, Sr. (Attachments: # 1 Exhibit A - Husted: A single vote makes all the difference) (Awan, Naila) (Entered: 08/16/2019)

Aug. 16, 2019

Aug. 16, 2019

PACER
66

RESPONSE in Opposition re 53 MOTION to Exclude the Expert Testimony of Dr. Mark Salling, PH.D filed by Plaintiffs Tommy Ray Mays, II, Quinton Nelson, Sr. (Attachments: # 1 Exhibit A - Diaz Declaration, # 2 Exhibit B - Brill Declaration, # 3 Exhibit C - Burchard Declaration, # 4 Exhibit D - Pasternak Declaration) (Awan, Naila) (Entered: 08/16/2019)

Aug. 16, 2019

Aug. 16, 2019

PACER
67

Reply re 53 MOTION to Exclude the Expert Testimony of Dr. Mark Salling, PH.D by Defendant Frank LaRose. (Pfeiffer, Julie) (Entered: 08/30/2019)

Aug. 30, 2019

Aug. 30, 2019

PACER
68

Reply re 54 MOTION for Summary Judgment by Defendant Frank LaRose. (Pfeiffer, Julie) (Entered: 08/30/2019)

Aug. 30, 2019

Aug. 30, 2019

PACER
69

REPLY to Response to Motion re 55 MOTION for Summary Judgment and Memorandum in Support filed by Plaintiffs Tommy Ray Mays, II, Quinton Nelson, Sr. (Attachments: # 1 Exhibit A - Exhibit 1 to Poland Deposition, # 2 Exhibit B - Exhibit 10 to Kelly Deposition) (Awan, Naila) (Entered: 08/30/2019)

Aug. 30, 2019

Aug. 30, 2019

PACER
70

OPINION and ORDER granting 29 Plaintiffs' Motion to Certify Class; granting 55 Plaintiffs' Motion for Summary Judgment; denying 54 Defendants' Motion for Summary Judgment; denying as moot 53 Defendant's Motion to Exclude. Signed by Judge Michael H. Watson on 11/6/2019. (jk) (Entered: 11/06/2019)

Nov. 6, 2019

Nov. 6, 2019

Clearinghouse
71

CLERK'S JUDGMENT - Pursuant to the November 6, 2019 Opinion and Order, granting Plaintiffs' Motion to Certify Class; granting Plaintiffs' Motion for Summary Judgment; denying Defendants' Motion for Summary Judgment; denying as moot Defendant's Motion to Exclude. (jk) (Entered: 11/06/2019)

Nov. 6, 2019

Nov. 6, 2019

PACER
72

NOTICE OF APPEAL re 70 Order on Motion to Certify Class,, Order on Motion to Exclude,, Order on Motion for Summary Judgment,,, 71 Clerk's Judgment, (Filing fee has been paid, receipt number 0648-7195860) by Defendant Frank LaRose. (Pfeiffer, Julie) (Entered: 11/12/2019)

Nov. 12, 2019

Nov. 12, 2019

PACER
73

MOTION to Stay re 72 Notice of Appeal, by Defendant Frank LaRose. (Pfeiffer, Julie) (Entered: 11/12/2019)

Nov. 12, 2019

Nov. 12, 2019

PACER
74

USCA Case Number 19-4112 for 72 Notice of Appeal filed by Frank LaRose; case manager Jill E. Colyer, 513-564-7024. (er) (Entered: 11/20/2019)

Nov. 14, 2019

Nov. 14, 2019

Clearinghouse
75

Unopposed MOTION for Attorney Fees Motion to Defer Attorneys Fees Briefing under Local Rule 54.2 by Plaintiffs Tommy Ray Mays, II, Quinton Nelson, Sr. (Attachments: # 1 Text of Proposed Order Proposed Order to Defer Attorneys' Fees Briefing) (Awan, Naila) (Entered: 11/22/2019)

Nov. 22, 2019

Nov. 22, 2019

PACER
76

ORDER granting 75 Motion to Defer Attorneys Fees Briefing under Local Rule 54.2. The parties are ORDERED to propose a briefing schedule on the issue of attorneys' fees following resolution of Defendant's appeal in this matter. Signed by Magistrate Judge Chelsey M. Vascura on 11/25/2019. (daf) (Entered: 11/25/2019)

Nov. 25, 2019

Nov. 25, 2019

PACER

Case Details

State / Territory: Ohio

Case Type(s):

Election/Voting Rights

Key Dates

Filing Date: Nov. 6, 2018

Closing Date: March 3, 2020

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A class of pre-trial detainees in Ohio seeking access to absentee voting from jail. Two male class representatives.

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Ohio Secretaries of State John Husted and Frank Larose (Columbus, Franklin), State

Case Details

Causes of Action:

42 U.S.C. § 1983

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Freedom of speech/association

Equal Protection

Available Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Preliminary injunction / Temp. restraining order

Declaratory Judgment

Source of Relief:

Litigation

Order Duration: 2019 - None

Issues