Case: Common Cause v. Kemp

U.S. Court of Appeals for the Eleventh Circuit

U.S. Court of Appeals for the Eleventh Circuit

U.S. Court of Appeals for the Eleventh Circuit

U.S. Court of Appeals for the Eleventh Circuit

COMPLAINT filed by Common Cause, Georgia State Conference of the NAACP. ( Filing fee $ 400 receipt number 113E-6283804.) (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(tcc) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions which includes the Consent To Proceed Before U.S. Magistrate form. (Entered: 02/12/2016)

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

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4 Exhibit 4

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Certificate of Interested Persons and Corporate Disclosure Statement by Common Cause, Georgia State Conference of the NAACP. (tcc) (Entered: 02/12/2016)

Electronic Summons Issued as to Brian Kemp. (tcc) (Entered: 02/12/2016)

Submission of 1 Complaint (plaintiffs asking for preliminary and permanent injunctions), submitted to District Judge Timothy C. Batten. (tcc)

PROPOSED SUMMONS filed by Common Cause, Georgia State Conference of the NAACP to Brian Kemp, Individually (Bondurant, Emmet) (Entered: 02/12/2016)

Electronic Summons Issued as to Brian Kemp. (tcc) (Entered: 02/12/2016)

Application for Refund of Fees paid online through Pay.gov for receipt number 113E-6283520. (Bondurant, Emmet) (Entered: 02/12/2016)

Return of Service Executed by Common Cause, Georgia State Conference of the NAACP. Brian Kemp served on 2/12/2016, answer due 3/4/2016. (Bondurant, Emmet) (Entered: 02/15/2016)

Return of Service Executed by Common Cause, Georgia State Conference of the NAACP. Brian Kemp served on 2/15/2016, answer due 3/7/2016. (Bondurant, Emmet) (Entered: 02/15/2016)

Clerks Notation re 2 Certificate of Interested Persons: reviewed and approved by Judge Timothy C. Batten, Sr. (se)

Clerks Approval re 6 Application for Refund of Fees paid online. (dfb)

NOTICE of Appearance by Cristina Correia on behalf of Brian Kemp (Correia, Cristina) (Entered: 03/04/2016)

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM with Brief In Support by Brian Kemp. (Attachments: # 1 Brief, # 2 Exhibit 1997 Preclearance Letter)(Correia, Cristina) (Entered: 03/04/2016)

1 Brief

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2 Exhibit 1997 Preclearance Letter

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NOTICE of Appearance by Josiah Benjamin Heidt on behalf of Brian Kemp (Heidt, Josiah) (Entered: 03/04/2016)

INSTRUCTIONS to Parties and Counsel. Signed by Judge Timothy C. Batten, Sr on 3/8/16. (jlm) (Entered: 03/08/2016)

Joint MOTION to Stay Discovery Related Activities with Brief In Support by Brian Kemp. (Attachments: # 1 Text of Proposed Order)(Correia, Cristina) (Entered: 03/15/2016)

ORDER granting 13 Motion to Stay pending resolution of defendant's motion to dismiss. Signed by Judge Timothy C. Batten, Sr on 3/15/16. (jlm) (Entered: 03/15/2016)

Notice for Leave of Absence for the following date(s): April 3 - April 8, 2016, June 13 - June 24, 2016, by Cristina Correia. (Correia, Cristina) (Entered: 03/17/2016)

NOTICE of Appearance by Julia B. Anderson on behalf of Brian Kemp (Anderson, Julia) (Entered: 03/17/2016)

RESPONSE in Opposition re 10 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Common Cause, Georgia State Conference of the NAACP. (Bondurant, Emmet) (Entered: 03/21/2016)

REPLY BRIEF re 10 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Brian Kemp. (Heidt, Josiah) (Entered: 04/05/2016)

Submission of 10 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, submitted to District Judge Timothy C. Batten. (jlm)

NOTICE by United States of America Statement of Interest (Attachments: # 1 Exhibit 1 - Wilson v. U.S., # 2 Exhibit 2 - Notice to South Dakota, # 3 Exhibit 3 - Notice to Alaska)(Mendel, Gabriel) (Entered: 05/04/2016)

1 Exhibit 1 - Wilson v. U.S.

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2 Exhibit 2 - Notice to South Dakota

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3 Exhibit 3 - Notice to Alaska

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MOTION for Leave to File Reply to brief of United States by Brian Kemp. (Attachments: # 1 Text of Proposed Order)(Correia, Cristina) (Entered: 05/06/2016)

ORDER granting 20 Dft's Motion for Leave to File reply to brief filed by USA. Dft shall have through 5/23/16 to file reply. Signed by Judge Timothy C. Batten, Sr on 5/11/16. (rsh) (Entered: 05/11/2016)

REPLY to Response to Motion re 10 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Reply to Brief of United States filed by Brian Kemp. (Attachments: # 1 Exhibit Settlement Agreement City of Philadelphia, # 2 Exhibit 25 P.S. 961.1901 (2001), # 3 Exhibit Consent Order Pulaski County, AK, # 4 Exhibit Stipulation and Order State of New Jersey)(Correia, Cristina) (Entered: 05/23/2016)

1 Exhibit Settlement Agreement City of Philadelphia

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2 Exhibit 25 P.S. 961.1901 (2001)

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3 Exhibit Consent Order Pulaski County, AK

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4 Exhibit Stipulation and Order State of New Jersey

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Notice for Leave of Absence for the following date(s): June 30, July 1, by Cristina Correia. (Correia, Cristina) (Entered: 06/01/2016)

NOTICE Of Filing by Brian Kemp re 10 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM SUPPLEMENTAL AUTHORITY (Attachments: # 1 Exhibit)(Heidt, Josiah) (Entered: 06/30/2016)

Joint MOTION for Leave to File Briefing Related to Defendant's Notice of Filing Supplemental Authority by Common Cause, Georgia State Conference of the NAACP. (Attachments: # 1 Exhibit A - Proposed Order)(Lennon, Chad) (Entered: 07/12/2016)

ORDER GRANTING 25 Joint Motion to Permit Briefing Related to Defendant's Notice of Filing Supplemental Authority. Plaintiff's may file a response that shall be 5 pages, less signature page and shall be filed on or before 7/21/16. Defendant may file reply, also of 5 pages, less signature page on or before 8/11/16. Signed by Judge Timothy C. Batten, Sr on 7/12/16. (jlm) (Entered: 07/12/2016)

NOTICE by United States of America re 10 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Related Filing (Attachments: # 1 Exhibit Amicus Brief)(Mendel, Gabriel) (Entered: 07/21/2016)

1 Exhibit Amicus Brief

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RESPONSE re 24 Notice of Filing [Plaintiffs' Brief Regarding Defendant's Notice of Supplemental Authority] filed by Common Cause, Georgia State Conference of the NAACP. (Lennon, Chad) (Entered: 07/21/2016)

RESPONSE re 27 Notice (Other), 28 Response (Non-Motion) filed by Brian Kemp. (Correia, Cristina) (Entered: 08/11/2016)

NOTICE Of Filing SUPPLEMENTAL AUTHORITY by Common Cause, Georgia State Conference of the NAACP re 10 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Attachments: # 1 Exhibit A)(Lennon, Chad) (Entered: 09/23/2016)

MOTION for Oral Argument re 10 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Common Cause, Georgia State Conference of the NAACP. (Lennon, Chad) (Entered: 10/12/2016)

NOTICE of Oral Argument on Defendant's Motion to Dismiss: Hearing set for 11/21/2016 at 02:00 PM in ATLA Courtroom 2108 before Judge Timothy C. Batten Sr.. (sb)

Minute Entry for proceedings held before Judge Timothy C. Batten, Sr: Motion Hearing held on 11/21/2016 re 10 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Brian Kemp. Taking under advisement 10 Motion to Dismiss for Failure to State a Claim. (Court Reporter Lori Burgess)(rsh) (Entered: 11/21/2016)

Request for Leave of Absence for the following date(s): Feb. 13, 14, 15, 16, 17, by Cristina Correia. (Correia, Cristina) (Entered: 01/19/2017)

VACATED (See 44 USCA Opinion) ORDER GRANTING Kemp's 10 Motion to Dismiss for Failure to State a Claim. Signed by Judge Timothy C. Batten, Sr on 3/17/17. (jlm) Modified on 4/11/2018 (jlm). (Entered: 03/17/2017)

VACATED (See 44 USCA Opinion) CLERK'S JUDGMENT entered DISMISSING action. (jlm)--Please refer to http://www.ca11.uscourts.gov to obtain an appeals jurisdiction checklist-- Modified on 4/11/2018 (jlm). (Entered: 03/17/2017)

Civil Case Terminated. (jlm)

NOTICE OF APPEAL as to 34 Order on Motion to Dismiss for Failure to State a Claim, 35 Clerk's Judgment by Common Cause, Georgia State Conference of the NAACP. Filing fee $ 505, receipt number 113E-7047385. Transcript Order Form due on 4/6/2017 (Lennon, Chad) (Entered: 03/23/2017)

NOTICE Of Filing Appeal Transmission Letter by Common Cause, Georgia State Conference of the NAACP re: 36 Notice of Appeal. (kac) (Entered: 03/23/2017)

Transmission of Certified Copy of Notice of Appeal, Clerk's Judgment, Order and Docket Sheet to US Court of Appeals re: 36 Notice of Appeal. (kac) Modified on 3/23/2017 (kac). (Entered: 03/23/2017)

Notification of Docket Correction re: 38 Transmission of Notice of Appeal and Docket Sheet to USCA. Modified docket text. (kac)

USCA Acknowledgment of 36 Notice of Appeal, filed by Georgia State Conference of the NAACP, Common Cause. Case Appealed to USCA- 11th Circuit. Case Number 17-11315-B. (pjm) (Entered: 03/27/2017)

TRANSCRIPT ORDER FORM for proceedings held on November 21, 2016 before Judge Timothy C. Batten, Sr., re 36 Notice of Appeal,. Court Reporter: Lori Burgess. (Lennon, Chad) (Entered: 03/30/2017)

Set Financial Arrangements due date deadline re: 40 Transcript Order Form. Financial Arrangements due on 4/13/2017.(kac)

Court Reporter Acknowledgment re 40 Transcript Order Form filed by Georgia State Conference of the NAACP, Common Cause. Case Appealed to 11th Circuit Case Number 17-11315. Transcipt is required. Court Reporter: Lori Burgess. Satisfactory financial arrangements completed. Transcript due by 5/12/2017. (llb) (Entered: 04/12/2017)

TRANSCRIPT of MOTIONS Proceedings held on 11/22/2016, before Judge Timothy C. Batten, Sr.. Court Reporter/Transcriber Lori Burgess, Telephone number 404-215-1528. 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. Certificate of Readiness due on 4/26/2017 Redaction Request due 5/3/2017. Redacted Transcript Deadline set for 5/15/2017. Release of Transcript Restriction set for 7/11/2017. (Attachments: # 1 Notice of Filing Transcript) (llb) (Entered: 04/12/2017)

Notification of Transcript Filed in District Court re 40 Transcript Order Form filed by Georgia State Conference of the NAACP, Common Cause. All transcripts for this request are now on file. (llb) (Entered: 04/12/2017)

Pursuant to F.R.A.P.11(c), the Clerk certifies that the record is complete for purposes of this appeal re: 36 Notice of Appeal. Case Appealed to USCA - 11th Circuit. USCA Case Number 17-11315-BB. The entire record on appeal is available electronically. (kac)

USCA Opinion received (VACATED AND REMANDED) re: 36 Notice of Appeal filed by Georgia State Conference of the NAACP, Common Cause. In accordance with FRAP 41(b), the USCA mandate will issue at a later date. Case Appealed to USCA - 11th Circuit. USCA Case Number 17-11315-BB. (kac) (Entered: 03/12/2018)

Certified copy of JUDGMENT of USCA REMANDING to the District Court for further action re: 36 Notice of Appeal, filed by Georgia State Conference of the NAACP, Common Cause Case Appealed to USCA 11th Circuit Case Number 17-11315. (jlm) (Entered: 04/11/2018)

ORDER making the USCA mandate the judgment of this Court re 36 Notice of Appeal, Case Appealed to USCA 11th Circuit Case Number 17-11315. Signed by Judge Timothy C. Batten, Sr on 4/11/18. (jlm) (Entered: 04/11/2018)

NOTICE of Voluntary Dismissal Without Prejudice filed by Common Cause, Georgia State Conference of the NAACP (Lennon, Chad) (Entered: 06/12/2018)

Clerk's Entry of Dismissal APPROVING 47 Notice of Voluntary Dismissal without prejudice pursuant to Fed.R.Civ.P.41(a)(1)(i) (rsh)

Civil Case Terminated. (rsh)