Case: Curling v. Raffensperger

1:17-cv-02989 | U.S. District Court for the Northern District of Georgia

Filed Date: Aug. 8, 2017

Closed Date: Oct. 26, 2018

Clearinghouse coding in progress

Case Summary

(This summary is temporary while we research the case.) This case involves a challenge by the Coalition for Good Governance and a group of voters challenged Georgia's electronic in-person voting system, arguing that it should be replaced with hand-marked paper ballots.

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/6139924/parties/curling-v-raffensperger/


Attorney for Plaintiff

Ascarrunz, Veronica (Georgia)

Attorney for Defendant

Anderson, Kimberly K. (Georgia)

Balli, James A. (Georgia)

Expert/Monitor/Master/Other

Abney, Russell Todd (Georgia)

Babcock, Charles L. (Georgia)

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Documents in the Clearinghouse

No documents yet available via the Clearinghouse.

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6139924/curling-v-raffensperger/

Last updated Jan. 31, 2024, 3:10 a.m.

ECF Number Description Date Link Date / Link
1

NOTICE OF REMOVAL with COMPLAINT filed by The Center for Election Systems at Kennasaw State University, Rebecca N. Sullivan, Ralph F. (Rusty) Simpson, The State Election Board, David J. Worley, Seth Harp, Brian P. Kemp, Merle King. (Filing fee $ 400.00 receipt number 113E-7313843) (Attachments: # 1 Ex - 1 - State Court Docket Sheet, # 2 Ex -2 - Original Petition, # 3 Ex -3 - Case Initiation Form, # 4 Ex -4 - Summons, # 5 Ex -5- Notice of Related Case, # 6 Ex -6 - Special Process Summons, # 7 Ex -7 - Certificate of Service, # 8 Ex -8 - Certificate of Service -2, # 9 Ex -9 - Motion for Leave to Amend Complaint, # 10 Ex -10 - Motion for Leave to Serve, # 11 Ex -11 - Affidavits of Service, # 12 Ex -12 - Proposed Order, # 13 Ex -13 - Sheriff's Entry of Service, # 14 Civil Cover Sheet)(eop) 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: 08/11/2017)

1 Ex - 1 - State Court Docket Sheet

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2 Ex -2 - Original Petition

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3 Ex -3 - Case Inititation Form

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4 Ex -4 - Summons

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5 Ex -5- Notice of Related Case

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6 Ex -6 - Special Process Summons

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7 Ex -7 - Certificate of Service

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8 Ex -8 - Certificate of Service -2

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9 Ex -9 - Motion for Leave to Amend Complaint

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10 Ex -10 - Motion for Leave to Serve

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11 Ex -11 - Affidavits of Service

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12 Ex -12 - Proposed Order

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13 Ex -13 - Sheriff's Entry of Service

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14 Civil Cover Sheet

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Aug. 8, 2017

Aug. 8, 2017

RECAP
2

MOTION for Leave to File Amended Complaint, by Coalition for Good Governance, Donna Curling, Ricardo Davis, Laura Digges, William Digges, III, Donna Price and Jeffrey Schoenberg. (Filed in State Court and included w/in Notice of Removal) (eop) (Entered: 08/11/2017)

Aug. 8, 2017

Aug. 8, 2017

RECAP
3

MOTION for Leave to Serve Election Contest Defendants and Candidates by Certified Process Server by Coalition for Good Governance, Donna Curling, Ricardo Davis, Laura Digges, William Digges, III, Donna Price and Jeffrey Schoenberg. (Filed in State Court and contained w/in Notice of Removal) (eop) (Entered: 08/11/2017)

Aug. 8, 2017

Aug. 8, 2017

PACER
4

MOTION for Limited Early and Expedited Discovery with Brief In Support by Donna Curling. (Attachments: # 1 Exhibit Ex A Discovery Request to Kemp, # 2 Exhibit B Discovery Request to State Election Board, # 3 Exhibit C Discovery Request to King, # 4 Exhibit D Discovery Request to Cobb, # 5 Exhibit E Discovery Request to DeKalb, # 6 Exhibit F Discovery Request to Fulton, # 7 Text of Proposed Order)(Holcomb, Michael) (Entered: 08/12/2017)

1 Exhibit Ex A Discovery Request to Kemp

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2 Exhibit Ex B Discovery Request to State Election Board

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3 Exhibit Ex C Discovery Request to King

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4 Exhibit Ex D Discovery Request to Cobb

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5 Exhibit Ex E Discovery Request to DeKalb

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6 Exhibit Ex F Discovery Request to Fulton

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7 Text of Proposed Order Text of Proposed Order

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Aug. 12, 2017

Aug. 12, 2017

PACER
5

ORDER re: 4 Plaintiffs' Expedited Motion for Limited Early and Expedited Discovery. Plaintiffs do not specify in their motion whether they have conferred with Defendants about their request for early and expedited discovery. The Court DIRECTS the parties to confer on this matter and to notify the Court if they can agree on a schedule for early and expedited discovery. The parties shall notify the Court via the electronic docket whether or not they are able to reach such an agreement no later than 12:00 P.M. on Thursday, August 17, 2017, and they shall attach the agreement if one is reached at that time. If the parties are unable to reach such an agreement, Defendants shall file a response to Plaintiffs' motion no later than 5:00 P.M. on Monday, August 21, 2017. The Court may schedule a prompt hearing based on the responses filed. Signed by Judge Amy Totenberg on 8/14/2017. (See order for more specifics) (jtj) (Entered: 08/14/2017)

Aug. 14, 2017

Aug. 14, 2017

PACER
6

MOTION for Leave to File Excess Pages by Seth Harp, Brian P. Kemp, Ralph F. (Rusty) Simpson, Rebecca N. Sullivan, The State Election Board, David J. Worley. (Monyak, Elizabeth) (Entered: 08/14/2017)

Aug. 14, 2017

Aug. 14, 2017

PACER
7

Memorandum in Support of 2 MOTION for Leave to File to File Amended Complaint, with Brief In Support by Donna Curling. (Attachments: # 1 Text of Proposed Order)(Holcomb, Michael) Modified on 8/15/2017 to reflect e-filed document. (jtj) (Entered: 08/15/2017)

Aug. 15, 2017

Aug. 15, 2017

PACER
8

MOTION to Dismiss For Lack of Jurisdiction and, MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM with Brief In Support by Seth Harp, Brian P. Kemp, Ralph F. (Rusty) Simpson, Rebecca N. Sullivan, The State Election Board, David J. Worley. (Attachments: # 1 Brief, # 2 Exhibit Declaration of Chris Harvey, # 3 Exhibit Exh 1 to Harvey Decl., # 4 Exhibit Exh 2 to Harvey Decl., # 5 Exhibit Exh 3 to Harvey Decl., # 6 Exhibit Exh 4 to Harvey Decl., # 7 Exhibit Exh 5 to Harvey Decl, # 8 Exhibit Exh 6 to Harvey Decl)(Correia, Cristina) (Entered: 08/15/2017)

1 Brief

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2 Exhibit Declaration of Chris Harvey

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3 Exhibit Exh 1 to Harvey Decl.

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4 Exhibit Exh 2 to Harvey Decl.

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5 Exhibit Exh 3 to Harvey Decl.

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6 Exhibit Exh 4 to Harvey Decl.

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7 Exhibit Exh 5 to Harvey Decl

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8 Exhibit Exh 6 to Harvey Decl

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Aug. 15, 2017

Aug. 15, 2017

RECAP
9

Return of Service Executed by Coalition for Good Governance. The Dekalb County Board of Registrations and Elections served on 8/9/2017, answer due 8/30/2017. (Holcomb, Michael) (Entered: 08/16/2017)

Aug. 16, 2017

Aug. 16, 2017

PACER
10

JOINT NOTICE in Response to 5 Order, by Seth Harp, Brian P. Kemp, Ralph F. (Rusty) Simpson, Rebecca N. Sullivan, The Center for Election Systems at Kennasaw State University, The State Election Board, David J. Worley. (Heidt, Josiah) (Entered: 08/17/2017)

Aug. 17, 2017

Aug. 17, 2017

RECAP
11

Standing Order: Guidelines to Parties and Counsel Proceeding Before the Honorable Amy Totenberg. You are required to sign and file a Certificate of Compliance in a format consistent with the Certificate of Compliance attached hereto.To request to file material under seal, the Parties should follow the mechanism described in Section II(J) of Appendix H to the Court's Local Civil Rules. Signed by Judge Amy Totenberg on 8/17/2017. (jtj) (Entered: 08/17/2017)

Aug. 17, 2017

Aug. 17, 2017

PACER
12

NOTICE of Appearance by Daniel Walter White on behalf of Fred Aiken, Jessica Brooks, Phil Daniell, Janine Eveler, Joe Pettit, The Cobb County Board of Elections and Registration, Darryl O. Wilson (White, Daniel) (Entered: 08/17/2017)

Aug. 17, 2017

Aug. 17, 2017

PACER
13

NOTICE of Appearance by Bennett Davis Bryan on behalf of Michael P. Coveny, Maxine Daniels, Anthony Lewis, Leona Perry, The Dekalb County Board of Registrations and Elections, Samuel E. Tillman, Baoky N. Vu (Bryan, Bennett) (Entered: 08/17/2017)

Aug. 17, 2017

Aug. 17, 2017

PACER
14

ORDER DENYING AS MOOT 8 Motion to Dismiss. The Amended Complaint is deemed filed as of the date of this Order. Plaintiffs also filed a Notice of Related Case in the previous state court proceedings. (See Doc. 1-5.) They cite to the related case of Donna Curling et al. v. Brian Kemp, in his official capacity as Secretary of State of Georgia, et al., Case No. 2017cv290630, pending before the Honorable Kimberly M. Esmond Adams. The Court DIRECTS counsel for Plaintiffs to send all of the orders in the related case, as well as their own electronic filings, as attachments via email to AT_Chambers@gand.uscourts.gov no later than 5:00 P.M. on August 18, 2017. Likewise, the Court DIRECTS counsel in the State Attorney Generals Office to send all of their own electronic filings in the related case as attachments via email to the AT_Chambers@gand.uscourts.gov no later than 5:00 P.M. on August 18, 2017. The Court ORDERS counsel for Plaintiffs and counsel in the State Attorney General's Office to each separately file on the electronic docket a summary of the status of the related case, not to exceed one page in length, no later than 5:00 P.M. on August 18, 2017. Signed by Judge Amy Totenberg on 8/18/2017. (jtj) (Entered: 08/18/2017)

Aug. 18, 2017

Aug. 18, 2017

PACER
15

AMENDED COMPLAINT with Jury Demand flied by plaintiffs against Defendants.(jtj) 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. (Additional attachment(s) added on 8/18/2017: # 1 Exhibits A - E, # 2 Exhibits F and G, # 3 Exhibits H - N, # 4 Verifications) (jtj). (Entered: 08/18/2017)

1 Exhibits A - E

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2 Exhibits F and G

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3 Exhibits H - N

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4 Verifications

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Aug. 18, 2017

Aug. 18, 2017

RECAP
16

NOTICE in Response to 14 Order by Seth Harp, Brian P. Kemp, Merle King, Ralph F. (Rusty) Simpson, Rebecca N. Sullivan, The State Election Board, David J. Worley. (Heidt, Josiah) (Entered: 08/18/2017)

Aug. 18, 2017

Aug. 18, 2017

PACER
17

NOTICE in Response to 14 Order by Donna Curling. (Holcomb, Michael) (Entered: 08/18/2017)

Aug. 18, 2017

Aug. 18, 2017

PACER
18

NOTICE of Appearance by Kaye Woodard Burwell on behalf of Richard Barron, David J. Burge, Mary Carole Cooney, Aaron Johnson, Stan Matarazzo, Vernetta Nuriddin, The Fulton County Board of Registration and Elections (Burwell, Kaye) (Entered: 08/18/2017)

Aug. 18, 2017

Aug. 18, 2017

PACER
19

Return of Service Executed by Coalition for Good Governance. The Cobb County Board of Elections and Registration served on 8/10/2017, answer due 8/31/2017. (Holcomb, Michael) (Entered: 08/18/2017)

Aug. 18, 2017

Aug. 18, 2017

PACER
20

NOTICE of Appearance by DAVID R. LOWMAN on behalf of Richard Barron, David J. Burge, Mary Carole Cooney, Aaron Johnson, Stan Matarazzo, Vernetta Nuriddin (Burwell, Kaye) Modified on 8/21/2017 to edit attorney. (jtj) (Entered: 08/18/2017)

Aug. 18, 2017

Aug. 18, 2017

PACER
21

NOTICE of Appearance by CHERYL M. RINGER on behalf of Richard Barron, David J. Burge, Mary Carole Cooney, Aaron Johnson, Stan Matarazzo, Vernetta Nuriddin. (Burwell, Kaye) Modified on 8/21/2017 to edit attorney. (jtj) (Entered: 08/18/2017)

Aug. 18, 2017

Aug. 18, 2017

PACER
22

NOTICE of Appearance by Kaye Woodard Burwell on behalf of Richard Barron, David J. Burge, Mary Carole Cooney, Aaron Johnson, Stan Matarazzo, Vernetta Nuriddin (Burwell, Kaye) (Entered: 08/21/2017)

Aug. 21, 2017

Aug. 21, 2017

PACER
23

Return of Service Executed for Complaint. Defendants served Fulton County Board of Registration & Elections - 8/15/2017, Maxine Daniels - 8/5/2017, DeKalb County Board of Registrations & Elections - 8/5/2017, Phil Daniel - 8/4/2017, Darryl O. Wilson - 8/4/2017, Aaron Johnson - 7/15/2017, Fred Aiken - 8/4/2017, and Joe Pettit - 8/7/2017. (Holcomb, Michael) Modified on 8/21/2017 to add dates. (jtj) (Entered: 08/21/2017)

Aug. 21, 2017

Aug. 21, 2017

PACER
24

Return of Service Executed for Complaint. David Worley served on 8/11/2017. (Holcomb, Michael) Modified on 8/21/2017 to edit docket text. (jtj) (Entered: 08/21/2017)

Aug. 21, 2017

Aug. 21, 2017

PACER
25

NOTICE of Appearance by Aaron Wright on behalf of Donna Curling, Coalition for Good Governance, Donna Price, Jeffrey Schoenberg, Laura Digges, William Digges III, and Ricardo Davis (Wright, Aaron) Modified on 8/21/2017 to add parties. (jtj) (Entered: 08/21/2017)

Aug. 21, 2017

Aug. 21, 2017

PACER
26

ACKNOWLEDGMENT OF SERVICE Executed filed by Coalition for Good Governance. Jessica Brooks served on 8/21/2017. (Holcomb, Michael) (Entered: 08/21/2017)

Aug. 21, 2017

Aug. 21, 2017

PACER
27

Request for Leave of Absence for the following date(s): September 7-11, September 14-15, September 25-29, October 6, 2017, by Daniel Walter White. (White, Daniel) (Entered: 08/21/2017)

Aug. 21, 2017

Aug. 21, 2017

PACER
28

RESPONSE re 4 MOTION for Limited Early and Expedited Discovery filed by Seth Harp, Brian P. Kemp, Merle King, Ralph F. (Rusty) Simpson, Rebecca N. Sullivan, The State Election Board, David J. Worley. (Correia, Cristina) (Entered: 08/21/2017)

Aug. 21, 2017

Aug. 21, 2017

PACER
29

RESPONSE re 4 MOTION for Limited Early and Expedited Discovery filed by Stan Matarazzo. (Attachments: # 1 Affidavit Dwight Brower)(Lowman, David) (Entered: 08/21/2017)

1 Affidavit Dwight Brower

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Aug. 21, 2017

Aug. 21, 2017

PACER
30

REFILED AT 33 AMENDED Affidavit of Dwight Brower in Support of 29 RESPONSE to 4 MOTION for Limited Early and Expedited Discovery, filed by Mark Wingate. (Lowman, David) Modified on 8/22/2017 to reflect e-filed document. (jtj) (Entered: 08/22/2017)

Aug. 22, 2017

Aug. 22, 2017

PACER
31

NOTICE of Appearance by Marvin Lim on behalf of Coalition for Good Governance, Donna Curling, Ricardo Davis, Laura Digges, William Digges, III, Donna Price, Jeffrey Schoenberg (Lim, Marvin) (Entered: 08/22/2017)

Aug. 22, 2017

Aug. 22, 2017

PACER
32

RESPONSE in Opposition re 4 MOTION for Limited Early and Expedited Discovery filed by Fred Aiken, Jessica Brooks, Phil Daniell, Janine Eveler, Joe Pettit, The Cobb County Board of Elections and Registration, Darryl O. Wilson. (White, Daniel) (Entered: 08/22/2017)

Aug. 22, 2017

Aug. 22, 2017

PACER
33

AMENDED Affidavit of Dwight Brower in Support of 29 RESPONSE to 4 MOTION for Limited Early and Expedited Discovery filed by Mark Wingate. (Lowman, David) Modified on 8/22/2017 to reflect e-filed document. (jtj) (Entered: 08/22/2017)

Aug. 22, 2017

Aug. 22, 2017

PACER
34

ACKNOWLEDGMENT OF SERVICE Executed filed by Coalition for Good Governance. Mark Wingate served on 8/21/2017, answer due 9/12/2017. (Holcomb, Michael) (Entered: 08/22/2017)

Aug. 22, 2017

Aug. 22, 2017

PACER
35

RESPONSE in Opposition re 4 MOTION for Limited Early and Expedited Discovery filed by Michael P. Coveny, Maxine Daniels, Anthony Lewis, Leona Perry, The Dekalb County Board of Registrations and Elections, Samuel E. Tillman, Baoky N. Vu. (Bryan, Bennett) (Entered: 08/22/2017)

Aug. 22, 2017

Aug. 22, 2017

PACER
36

AFFIDAVIT of Service for Summons & Verified Complaint, as to The Center for Election Systems at Kennesaw State University, Merle King, The Cobb County Board of Elections and Registration, and Janine Eveler. (Holcomb, Michael) (Entered: 08/22/2017)

Aug. 22, 2017

Aug. 22, 2017

PACER
41

Minute Entry for proceedings held before Judge Amy Totenberg: Telephone Conference held on 8/22/2017. The parties updated the Court as to the status of service on Defendants. See minutes for deadlines. (Court Reporter Shannon Welch)(jpa) (Entered: 08/24/2017)

Aug. 22, 2017

Aug. 22, 2017

PACER
37

APPLICATION for Admission of Edward Bruce Schwartz Pro Hac Vice (Application fee $ 150, receipt number 113E-7343099)by Coalition for Good Governance. (Holcomb, Michael) (Entered: 08/23/2017)

Aug. 23, 2017

Aug. 23, 2017

PACER
38

ANSWER to 1 Notice of Removal, 15 Amended Complaint (Discovery ends on 1/20/2018), by Thomas Jonathan Ossoff. (Waldon, Russell) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. (Entered: 08/23/2017)

Aug. 23, 2017

Aug. 23, 2017

PACER
39

NOTICE of Appearance by Russell Dunn Waldon on behalf of Thomas Jonathan Ossoff (Waldon, Russell) (Entered: 08/23/2017)

Aug. 23, 2017

Aug. 23, 2017

PACER
40

ORDER - The Court encourages Plaintiffs' counsel to seriously review the information filed by Defendants this Friday regarding the time schedule for election preparation as well as Defendants' new motions to dismiss due by August 29, 2017. If, upon review of these materials, Plaintiffs decide to proceed by seeking injunctive relief in connection with the 2018 election cycle instead of the upcoming November 2017 election, Plaintiffs are DIRECTED to notify the Court as soon as possible but no later than 5:00 P.M. on September 1, 2017. If Plaintiffs determine they wish to proceed with the current established schedule and plan, they are advised to focus their motion for preliminary injunctive relief realistically on the limited set of issues and claims they deem essential to be resolved in this current 2017 election cycle. Additional issues, as warranted, will then be addressed in later discovery, briefs, and hearings. Signed by Judge Amy Totenberg on 8/23/2017. (jtj) (Entered: 08/23/2017)

Aug. 23, 2017

Aug. 23, 2017

PACER
42

TRANSCRIPT of Telephone Conference Proceedings held on 8/22/2017, before Judge Amy Totenberg. Court Reporter/Transcriber Shannon R. Welch, RMR, CRR, Telephone number 404-215-1383. 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. Redaction Request due 9/14/2017. Redacted Transcript Deadline set for 9/25/2017. Release of Transcript Restriction set for 11/22/2017. (Attachments: # 1 Notice of Filing Transcript) (srw) (Entered: 08/24/2017)

1 Notice of Filing Transcript

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Aug. 24, 2017

Aug. 24, 2017

PACER
43

Notice for Leave of Absence for the following date(s): 9/14/2017, 9/15/2017, 9/18/2017, by Kaye Woodard Burwell. (Burwell, Kaye) (Entered: 08/24/2017)

Aug. 24, 2017

Aug. 24, 2017

PACER
44

APPLICATION for Admission of Joe Robert Caldwell, Jr. Pro Hac Vice (Application fee $ 150, receipt number 113E-7346046)by Coalition for Good Governance, Donna Curling, Ricardo Davis, Laura Digges, William Digges, III, Donna Price, Jeffrey Schoenberg. (Holcomb, Michael) (Entered: 08/24/2017)

Aug. 24, 2017

Aug. 24, 2017

PACER
45

Notice for Leave of Absence for the following date(s): September 14, 2017, September 15, 2017, by David R. Lowman. (Lowman, David) (Entered: 08/24/2017)

Aug. 24, 2017

Aug. 24, 2017

PACER
46

NOTICE of Election Deadlines by Mark Wingate. (Lowman, David) (Entered: 08/25/2017)

Aug. 25, 2017

Aug. 25, 2017

PACER
47

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM with Brief In Support by Michael P. Coveny, Maxine Daniels, Anthony Lewis, Leona Perry, The Dekalb County Board of Registrations and Elections, Samuel E. Tillman, Baoky N. Vu. (Bryan, Bennett) (Entered: 08/29/2017)

Aug. 29, 2017

Aug. 29, 2017

PACER
48

MOTION to Dismiss by Fulton County Board of Registration and Elections, Director Richard Barron, members of the FCBRE Mary Carole Cooney, Vernetta Nuriddin, David J. Burge, Stan Matarazzo, Aaron Johnson, and Mark Wingate. (Attachments: # 1 Brief in Support of Motion to Dismiss)(Lowman, David) Modified on 8/30/2017 to add filers. (jtj) (Entered: 08/29/2017)

Aug. 29, 2017

Aug. 29, 2017

PACER
49

MOTION to Dismiss for Lack of Subject Matter Jurisdiction, MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM with Brief In Support by Seth Harp, Brian P. Kemp, Merle King, Ralph F. (Rusty) Simpson, Rebecca N. Sullivan, The State Election Board, David J. Worley. (Attachments: # 1 Brief, # 2 Exhibit Chris Harvey Declaration, # 3 Exhibit Marilyn Marks Cross Examination, # 4 Exhibit Electors' Initial Request for Reexamination, # 5 Exhibit Electors' Supplemental Request for Reexamination, # 6 Exhibit Secretary of State's Second Response to Reexamination)(Heidt, Josiah) (Entered: 08/29/2017)

1 Brief

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2 Exhibit Chris Harvey Declaration

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3 Exhibit Marilyn Marks Cross Examination

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4 Exhibit Electors' Initial Request for Reexamination

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5 Exhibit Electors' Supplemental Request for Reexamination

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6 Exhibit Secretary of State's Second Response to Reexamination

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Aug. 29, 2017

Aug. 29, 2017

PACER
50

MOTION to Dismiss FOR LACK OF SUBJECT MATTER JURISDICTION, MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM with Brief In Support by Fred Aiken, Jessica Brooks, Phil Daniell, Janine Eveler, Joe Pettit, The Cobb County Board of Elections and Registration, Darryl O. Wilson. (White, Daniel) (Entered: 08/29/2017)

Aug. 29, 2017

Aug. 29, 2017

PACER
51

MOTION for Extension of Time to File a Motion for Preliminary Injunction, MOTION for Leave to File Excess Pages by Coalition for Good Governance, Donna Curling, Ricardo Davis, Laura Digges, William Digges, III, Donna Price, Jeffrey Schoenberg. (Attachments: # 1 Text of Proposed Order)(Holcomb, Michael) (Entered: 08/30/2017)

Aug. 30, 2017

Aug. 30, 2017

PACER

RETURN of 37 APPLICATION for Admission of Edward Bruce Schwartz Pro Hac Vice (Application fee $ 150, receipt number 113E-7343099) to attorney for correction re: NY bar. (cdg)

Aug. 31, 2017

Aug. 31, 2017

PACER

RETURN of 44 APPLICATION for Admission of Joe Robert Caldwell, Jr. Pro Hac Vice (Application fee $ 150, receipt number 113E-7346046) to attorney for correction re: Court(NJ). (cdg)

Aug. 31, 2017

Aug. 31, 2017

PACER
52

NOTICE Of Filing Transcript of June 7, 2017 Hearing by Seth Harp, Brian P. Kemp, Merle King, Ralph F. (Rusty) Simpson, Rebecca N. Sullivan, The State Election Board, David J. Worley (Attachments: # 1 Exhibit Transcript Exhibits)(Correia, Cristina) (Entered: 08/31/2017)

Aug. 31, 2017

Aug. 31, 2017

PACER
53

ORDER GRANTING 51 Motion for Extension of Time contingent on the motion and brief being filed no later than 6:00 PM on September 1, 2017. The briefing schedule is set forth in this order. No extensions shall be granted. The Court will set a potential hearing date for a preliminary injunction hearing for a date to be determined during the week of September 18, 2017. However, the Court will determine whether such a hearing is appropriate and necessary based on its assessment of the motions and briefs. Signed by Judge Amy Totenberg on 9/01/2017. (jtj) (Entered: 09/01/2017)

Aug. 31, 2017

Aug. 31, 2017

PACER
54

Minute Entry for proceedings held before Judge Amy Totenberg: Telephone Conference held on 8/31/2017. The Court granted attorneys Edward Schwartz and Joe Caldwell special dispensation to participate in the conference and deal with the issues in their 37 and 44 Applications for Admission Pro Hac Vice after the hearing. Plaintiffs informed the Court of the type of relief they intend to seek in the motion for preliminary injunction. Plaintiffs indicated they can file the motion for preliminary injunction by 6:00 PM on Friday, September 1, 2017. Counsel for the Defendants voiced their opposition. The Court directed Plaintiffs to file a motion seeking leave to amend the complaint to add the additional claim they seek to pursue by noon on Friday, September 1, 2017. The Court directed Plaintiffs to email the Courtroom Deputy Clerk (and copy defense counsel) the constitutional and statutory provisions they are relying on for this new claim. The Court directed defense counsel to file the transcript of the state court hearing. Discussion was had regarding deadlines. The Court took the parties' positions under advisement. Plaintiffs indicated they no longer seek an enlargement of the page limits for their motion for preliminary injunction. 51 Motion for Leave to File Excess Pages is withdrawn. (Court Reporter Shannon Welch)(jtj) (Entered: 09/01/2017)

Aug. 31, 2017

Aug. 31, 2017

PACER
55

MOTION to Stay Discovery and Discovery Related Activities with Brief In Support by Seth Harp, Brian P. Kemp, Merle King, Ralph F. (Rusty) Simpson, Rebecca N. Sullivan, The State Election Board, David J. Worley. (Correia, Cristina) (Entered: 09/01/2017)

Sept. 1, 2017

Sept. 1, 2017

PACER
57

Minute Entry for proceedings held before Judge Amy Totenberg: Telephone Conference held on 9/5/2017. The Court FINDS AS MOOT, 47, 48, 49 and 50 Motions to Dismiss. The Court granted attorneys Edward Schwartz, Joe Caldwell, and Anne Lewis special dispensation to participate in the conference. Discussion was had regarding scheduling. The Court authorized Plaintiffs to file an amended complaint. The amended complaint is to be filed by September 15, 2017. Defendants' responses are due by September 29, 2017; no extensions will be granted. Plaintiffs' reply brief is due 14 days thereafter, but the Court encouraged Plaintiffs to file it sooner; no extensions will be granted. If Plaintiffs do not file the amended complaint as represented, Defendants have leave to reassert the motions to dismiss that were deemed moot by the Court. The parties are to meet and confer next week on the issue of the litigation hold. (Court Reporter Shannon Welch)(jtj) (Entered: 09/05/2017)

Sept. 1, 2017

Sept. 1, 2017

PACER
56

ORDER GRANTING 55 Motion to Stay All Discovery. Signed by Judge Amy Totenberg on 9/05/2017. (jtj) (Entered: 09/05/2017)

Sept. 5, 2017

Sept. 5, 2017

PACER
58

MOTION to Remand to State Court by Mark Wingate. (Burwell, Kaye) (Entered: 09/07/2017)

Sept. 7, 2017

Sept. 7, 2017

PACER
59

TRANSCRIPT of Telephone Conference Proceedings held on 8/31/2017, before Judge Amy Totenberg. Court Reporter/Transcriber Shannon R. Welch, RMR, CRR, Telephone number 404-215-1383. 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. Redaction Request due 9/29/2017. Redacted Transcript Deadline set for 10/10/2017. Release of Transcript Restriction set for 12/7/2017. (Attachments: # 1 Notice of Filing Transcript) (srw) (Entered: 09/08/2017)

Sept. 8, 2017

Sept. 8, 2017

PACER
60

TRANSCRIPT of Telephone Conference Proceedings held on 9/1/2017, before Judge Amy Totenberg. Court Reporter/Transcriber Shannon R. Welch, RMR, CRR, Telephone number 404-215-1383. 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. Redaction Request due 9/29/2017. Redacted Transcript Deadline set for 10/10/2017. Release of Transcript Restriction set for 12/7/2017. (Attachments: # 1 Notice of Filing Transcript) (srw) (Entered: 09/08/2017)

Sept. 8, 2017

Sept. 8, 2017

PACER
61

APPLICATION for Admission of Edward Bruce Schwartz Pro Hac Vice by Coalition for Good Governance, Donna Curling, Ricardo Davis, Laura Digges, William Digges, III, Donna Price, Jeffrey Schoenberg. (Holcomb, Michael) (Entered: 09/08/2017)

Sept. 8, 2017

Sept. 8, 2017

PACER
62

APPLICATION for Admission of Joe Robert Caldwell, Jr. Pro Hac Vice by Coalition for Good Governance, Donna Curling, Ricardo Davis, Laura Digges, William Digges, III, Donna Price, Jeffrey Schoenberg. (Holcomb, Michael) (Entered: 09/08/2017)

Sept. 8, 2017

Sept. 8, 2017

PACER
63

NOTICE of Appearance by Vincent Robert Russo, Jr on behalf of Karen C. Handel (Russo, Vincent) (Entered: 09/11/2017)

Sept. 11, 2017

Sept. 11, 2017

PACER
64

NOTICE by Karen C. Handel of Special Appearance (Russo, Vincent) (Entered: 09/11/2017)

Sept. 11, 2017

Sept. 11, 2017

PACER
65

NOTICE of Appearance by Anne Ware Lewis on behalf of Karen C. Handel (Lewis, Anne) (Entered: 09/11/2017)

Sept. 11, 2017

Sept. 11, 2017

PACER
66

NOTICE of Appearance by Frank B. Strickland on behalf of Karen C. Handel (Strickland, Frank) (Entered: 09/11/2017)

Sept. 11, 2017

Sept. 11, 2017

PACER
67

NOTICE of Appearance by Barclay Hendrix on behalf of Karen C. Handel (Hendrix, Barclay) (Entered: 09/11/2017)

Sept. 11, 2017

Sept. 11, 2017

PACER

Submission of 3 MOTION for Leave to Serve Election Contest Defendants and Candidates by Certified Process Server, 4 MOTION for Limited Early and Expedited Discovery, 6 MOTION for Leave to File Excess Pages, submitted to District Judge Amy Totenberg. (jtj)

Sept. 13, 2017

Sept. 13, 2017

PACER

APPROVAL by Clerks Office re: 61 APPLICATION for Admission of Edward Bruce Schwartz Pro Hac Vice. Attorney Edward Bruce Schwartz added appearing on behalf of Coalition for Good Governance, Donna Curling, Ricardo Davis, Laura Digges, William Digges, III, Donna Price, Jeffrey Schoenberg (pmb). Modified on 9/15/2017 to update plaintiffs (pmb).

Sept. 15, 2017

Sept. 15, 2017

PACER

APPROVAL by Clerks Office re: 62 APPLICATION for Admission of Joe Robert Caldwell, Jr. Pro Hac Vice. Attorney Joe Robert Caldwell, Jr added appearing on behalf of Coalition for Good Governance, Donna Curling, Ricardo Davis, Laura Digges, William Digges, III, Donna Price, Jeffrey Schoenberg (pmb) Modified on 9/15/2017 to update plaintiffs (pmb)

Sept. 15, 2017

Sept. 15, 2017

PACER
68

ORDER DIRECTING counsel to notify the Court no later than 9/18/2017 if Representative Handel (or counsel on her behalf) will accept service. If the Court is notified by 9/18/217 that the service issue has been resolved, the Court will grant Handel's extension of time through 10/2/2017 to respond to the amended complaint. Signed by Judge Amy Totenberg on 9/15/2017. (sap) (Entered: 09/15/2017)

Sept. 15, 2017

Sept. 15, 2017

PACER
69

DUPLICATE ENTRY ORDER re Karen C. Handel's request in her 64 Special Appearance for an extension of time to file a responsive pleading to Plaintiffs' amended complaint. Assuming that Representative Handel maintains that she still has not been served, her counsel is DIRECTED to notify the Court no later than September 18, 2017, if she (or counsel on her behalf) will accept service. If Representative Handel's counsel notifies the Court on September 18 that this service issue has been resolved, the Court will grant Representative Handel an extension to respond to the amended complaint no later than October 2, 2017. Signed by Judge Amy Totenberg on 9/15/2017. (acm) Text Modified on 9/18/2017 (sap). (Entered: 09/15/2017)

Sept. 15, 2017

Sept. 15, 2017

PACER
70

Second AMENDED COMPLAINT against All Defendants with Jury Demand, filed by Ricardo Davis, Coalition for Good Governance, Donna Curling, William Digges, III, Donna Price, Jeffrey Schoenberg, Laura Digges.(Holcomb, Michael) 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: 09/15/2017)

Sept. 15, 2017

Sept. 15, 2017

RECAP
71

ORDER GRANTING 62 Application of Joe Robert Caldwell, Jr. for Admission Pro Hac Vice. Signed by Judge Amy Totenberg on 9/18/2017. (jtj) (Entered: 09/18/2017)

Sept. 18, 2017

Sept. 18, 2017

PACER
72

ORDER GRANTING 61 Application of Edward Bruce Schwartz for Admission Pro Hac Vice. Signed by Judge Amy Totenberg on 9/18/2017. (jtj) (Entered: 09/18/2017)

Sept. 18, 2017

Sept. 18, 2017

PACER
73

RESPONSE to 68 Court's September 15, 2017 Order, filed by Representative Karen C. Handel. (Russo, Vincent) (Entered: 09/18/2017)

Sept. 18, 2017

Sept. 18, 2017

PACER
74

ACKNOWLEDGMENT OF SERVICE Executed filed by Karen C. Handel. (Russo, Vincent) (Entered: 09/18/2017)

Sept. 18, 2017

Sept. 18, 2017

PACER
76

Minute Entry for proceedings held before Judge Amy Totenberg: Telephone Conference held on 9/20/2017. Plaintiffs stated that they did drop the contest claim in the recently filed amended complaint and that there were no remaining claims against Karen Handel. Counsel for Handel contended that she should thus be dismissed as a party. By Tuesday, September 26, 2017, the Plaintiffs are to provide Handel's attorney, and notify the Court, as to Plaintiffs' position re the claims against Handel. Discussion was had regarding Defendant Wingate's motion to remand. Plaintiffs will file opposition to the motion to remand. Discussion was had regarding the litigation hold on voting equipment. Plaintiffs will inform Defendants by Friday, September 22, 2017, re what equipment, if any, it believes need to remain subject to the litigation hold. (Court Reporter Shannon Welch) (jtj) (Entered: 09/22/2017)

Sept. 20, 2017

Sept. 20, 2017

PACER
75

RESPONSE in Opposition re 58 MOTION to Remand to State Court by Mark Wingate filed by Coalition for Good Governance, Donna Curling, Ricardo Davis, Laura Digges, William Digges, III, Donna Price, Jeffrey Schoenberg, Edward Curtis Terry. (Holcomb, Michael) (Entered: 09/21/2017)

Sept. 21, 2017

Sept. 21, 2017

PACER
77

ORDER DENYING AS MOOT 3 Plaintiffs' Motion for Leave to Serve Election Contest Defendants and Candidates by Certified Process Server; 4 Plaintiffs' Expedited Motion for Limited Early and Expedited Discovery; and 6 State Defendants' Motion for Leave to File Excess Pages. Signed by Judge Amy Totenberg on 9/22/2017. (jtj) (Entered: 09/22/2017)

Sept. 22, 2017

Sept. 22, 2017

PACER
78

MOTION for Leave to File Excess Pages by Seth Harp, Brian P. Kemp, Merle King, Ralph F. (Rusty) Simpson, Rebecca N. Sullivan, The State Election Board, David J. Worley. (Attachments: # 1 Text of Proposed Order)(Correia, Cristina) (Entered: 09/22/2017)

Sept. 22, 2017

Sept. 22, 2017

PACER
79

First MOTION to Dismiss with Brief In Support by Michael P. Coveny, Maxine Daniels, Anthony Lewis, Leona Perry, The Dekalb County Board of Registrations and Elections, Samuel E. Tillman, Baoky N. Vu. (Bryan, Bennett) (Entered: 09/22/2017)

Sept. 22, 2017

Sept. 22, 2017

PACER
80

TRANSCRIPT of Telephone Conference Proceedings held on 9/20/2017, before Judge Amy Totenberg. Court Reporter/Transcriber Shannon R. Welch, RMR, CRR, Telephone number 404-215-1383. 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. Redaction Request due 10/17/2017. Redacted Transcript Deadline set for 10/27/2017. Release of Transcript Restriction set for 12/26/2017. (Attachments: # 1 Notice of Filing Transcript) (srw) (Entered: 09/26/2017)

Sept. 26, 2017

Sept. 26, 2017

PACER
81

ORDER - Ms. Handel is no longer a party to this case as of the Second Amended Complaint. She is not required to file any response to the Second Amended Complaint, let alone participate in this case going forward. There is nothing to dismiss. And therefore there is no basis for Mr. Russo's motion.The Clerk of Court is DIRECTED to immediately terminate Ms. Handel as a party in this case, so that the docket reflects that the Second Amended Complaint brought no claims against Ms. Handel and did not name her as a party defendant. Signed by Judge Amy Totenberg on 9/28/2017. (jtj) (Entered: 09/28/2017)

Sept. 28, 2017

Sept. 28, 2017

PACER
82

MOTION to Dismiss by David J. Burge, Mary Carole Cooney, Aaron Johnson, Stan Matarazzo, Vernetta Nuriddin, Mark Wingate. (Attachments: # 1 Brief)(Lowman, David) (Entered: 09/29/2017)

Sept. 29, 2017

Sept. 29, 2017

PACER
83

MOTION to Dismiss for Lack of Subject Matter Jurisdiction, MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Second Amended Complaint with Brief In Support by Seth Harp, Brian P. Kemp, Merle King, Ralph F. (Rusty) Simpson, State of Election Board, Rebecca N. Sullivan, The State Election Board, David J. Worley. (Attachments: # 1 Brief)(Heidt, Josiah) (Entered: 09/29/2017)

1 Brief

View on RECAP

Sept. 29, 2017

Sept. 29, 2017

PACER
84

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM with Brief In Support by Fred Aiken, Jessica Brooks, Phil Daniell, Janine Eveler, Joe Pettit, The Cobb County Board of Elections and Registration, Darryl O. Wilson. (White, Daniel) (Entered: 09/29/2017)

Sept. 29, 2017

Sept. 29, 2017

PACER
85

UNOPPOSED MOTION to Consolidate Deadlines for Plaintiff's Responses to Defendants' Motions to Dismiss with Brief In Support, by Coalition for Good Governance, Donna Curling, Ricardo Davis, Laura Digges, William Digges, III, Donna Price, Jeffrey Schoenberg, Edward Curtis Terry. (Attachments: # 1 Brief, # 2 Text of Proposed Order)(Holcomb, Michael) (Entered: 10/02/2017)

Oct. 2, 2017

Oct. 2, 2017

PACER

Submission of 85 UNOPPOSED MOTION to Consolidate Deadlines for Plaintiff's Responses to Defendants' Motions to Dismiss, submitted to District Judge Amy Totenberg. (jtj)

Oct. 3, 2017

Oct. 3, 2017

PACER
86

ORDER GRANTING 85 Motion to Consolidate Deadlines. The Plaintiffs' response brief to the Defendants' motions to dismiss (Dkt. Nos. 79, 82, 83, and 84) is due by October 13, 2017. Signed by Judge Amy Totenberg on 10/03/2017. (jtj) (Entered: 10/03/2017)

Oct. 3, 2017

Oct. 3, 2017

PACER
87

REPLY to 58 MOTION to Remand to State Court with Brief In Support, by Richard Barron, David J. Burge, Mary Carole Cooney, Aaron Johnson, Stan Matarazzo, Vernetta Nuriddin, The Fulton County Board of Registration and Elections, Mark Wingate. (Burwell, Kaye) Modified on 10/5/2017 to reflect e-filed document. (jtj) (Entered: 10/05/2017)

Oct. 5, 2017

Oct. 5, 2017

RECAP

Submission of 58 MOTION to Remand to State Court, submitted to District Judge Amy Totenberg. (jtj)

Oct. 6, 2017

Oct. 6, 2017

PACER
88

REPLY BRIEF re 58 MOTION to Remand to State Court filed by Mark Wingate. (Burwell, Kaye) (Entered: 10/09/2017)

Oct. 9, 2017

Oct. 9, 2017

PACER

Submission of 78 MOTION for Leave to File Excess Pages, submitted to District Judge Amy Totenberg. (jtj)

Oct. 10, 2017

Oct. 10, 2017

PACER
89

ORDER GRANTING 78 Motion for Leave to File Excess Pages. Signed by Judge Amy Totenberg on 10/10/2017. (jtj) (Entered: 10/10/2017)

Oct. 10, 2017

Oct. 10, 2017

PACER
90

MOTION for Leave to File Excess Pages with Brief In Support by Coalition for Good Governance, Donna Curling, Ricardo Davis, Laura Digges, William Digges, III, Donna Price, Jeffrey Schoenberg. (Attachments: # 1 Brief in Support of a Motion to File Brief in Excess of Twenty-Five Pages, # 2 Text of Proposed Order)(Schwartz, Edward) (Entered: 10/13/2017)

Oct. 13, 2017

Oct. 13, 2017

PACER
91

RESPONSE re 83 MOTION to Dismiss for Lack of Subject Matter Jurisdiction MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Second Amended Complaint, 82 MOTION to Dismiss, 79 First MOTION to Dismiss, 84 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Coalition for Good Governance, Donna Curling, Ricardo Davis, Laura Digges, William Digges, III, Donna Price, Jeffrey Schoenberg. (Schwartz, Edward) (Entered: 10/13/2017)

Oct. 13, 2017

Oct. 13, 2017

PACER
92

ORDER granting in part the 90 Motion for Leave to File Excess Pages. Plaintiffs shall file their 75-page response brief no later than October 20, 2017 at 4:30 P.M. The Court expects the response brief to be a condensed version of the currently filed brief, not a revised version with new or additional arguments. Defendants time to file their reply brief(s) is extended to October 30, 2017. Signed by Judge Amy Totenberg on 10/18/17. (aaq) (Entered: 10/18/2017)

Oct. 18, 2017

Oct. 18, 2017

PACER

Case Details

State / Territory: Georgia

Case Type(s):

Election/Voting Rights

Key Dates

Filing Date: Aug. 8, 2017

Closing Date: Oct. 26, 2018