Case: Jabbour v. Merrill

COMPLAINT against All Defendants ( Filing fee $400 receipt number AALSDC-2553965, Online Credit Card Payment), filed by All Plaintiffs. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Civil Cover Sheet) (Jackson, Matthew) (Entered: 01/21/2020)

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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5 Civil Cover Sheet

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NOTICE of Filing Proposed Summons by All Plaintiffs (Attachments: # 1 Summons - Callaghan, # 2 Summons - MCBR, # 3 Summons - Merrill, # 4 Summons - Motlow, # 5 Summons - Reams) (Jackson, Matthew) (Entered: 01/21/2020)

1 Summons - Callaghan

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2 Summons - MCBR

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3 Summons - Merrill

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4 Summons - Motlow

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5 Summons - Reams

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MOTION for Preliminary Injunction filed by All Plaintiffs. (Jackson, Matthew) (Entered: 01/21/2020)

Corporate Disclosure Statement filed by Plaintiff Mirna Michel Jabbour. (Jackson, Matthew) (Entered: 01/21/2020)

Corporate Disclosure Statement filed by Plaintiff National Defense Committee. (Jackson, Matthew) (Entered: 01/21/2020)

Summons Issued as to Kyle Callaghan, John H. Merrill, Mobile County Board of Registrars, Judge Motlow, Ron Reams. Note to Counsel: The Summons have been issued. Please print copies necessary for service. (cmj) (Entered: 01/22/2020)

Service Order entered 1/22/2020. Plaintiff to notify the Court the action taken to effect service and the results thereof. Service order deadline set to 3/6/2020.. Signed by District Judge Jeffrey U. Beaverstock on 1/22/20. (cmj) (Entered: 01/22/2020)

Motions Referred

MOTIONS REFERRED: 3 MOTION for Preliminary Injunction to Judge Beaverstock (cmj)

Document Referred

REFERRAL OF 5 Corporate Disclosure Statement, 4 Corporate Disclosure Statement to Judge Beaverstock. (cmj)

SUMMONS Returned Executed by National Defense Committee, Mirna Michel Jabbour. Kyle Callaghan served on 1/27/2020, answer due 2/17/2020; Mobile County Board of Registrars served on 1/24/2020, answer due 2/14/2020; Judge Motlow served on 1/27/2020, answer due 2/17/2020; Ron Reams served on 1/24/2020, answer due 2/14/2020 (Jackson, Matthew) (Entered: 01/30/2020)

Amended Corporate Disclosure Statement (amending doc. 5) filed by Plaintiff National Defense Committee. (Jackson, Matthew) (Entered: 01/30/2020)

Document endorsed NOTED by District Judge Jeffrey U. Beaverstock: Amended Corporate Disclosure Statement 8 filed by National Defense Committee. A review does not reveal any reason to believe that there are potential conflicts of interest that would require recusal in this action. (jil) (Entered: 01/30/2020)

Order - Document NOTED

SUMMONS Returned Executed by National Defense Committee, Mirna Michel Jabbour. John H. Merrill served on 1/31/2020, answer due 2/21/2020 (Jackson, Matthew) (Entered: 02/03/2020)

TEXT-ONLY ORDER on 8 Amended Disclosure Statement filed by National Defense Committee. A review does not reveal any reason to believe that there are potential conflicts of interest that would require recusal in this action. Signed by Magistrate Judge Katherine P. Nelson on 2/5/2020. (ctn) (Entered: 02/05/2020)

Order on Corporate Disclosure Statement

MOTION for Extension of Time (Partially Unopposed Motion for Extension of Time to Respond to the Complaint and Oppose the Preliminary Injunction Motion) filed by Kyle Callaghan, John H. Merrill, Mobile County Board of Registrars, Judge Motlow, Ron Reams. (Messick, Misty) (Entered: 02/06/2020)

Motions Referred

MOTIONS REFERRED: 13 MOTION for Extension of Time (Partially Unopposed Motion for Extension of Time to Respond to the Complaint and Oppose the Preliminary Injunction Motion) to Judge Beaverstock (cmj)

ENDORSED ORDER granting 13 Motion for Extension of Time. Defendants shall file their responses to the Complaint and to the Motion for Preliminary Injunction not later than 2/21/2020. Signed by District Judge Jeffrey U. Beaverstock on 02/07/2020. (jil) (Entered: 02/07/2020)

Order on Motion for Extension of Time

NOTICE of Appearance by Winfield J. Sinclair on behalf of Kyle Callaghan, John H. Merrill, Mobile County Board of Registrars, Judy Motlow, Ron Reams (Sinclair, Winfield) (Entered: 02/10/2020)

MOTION and APPLICATION for Jason B. Torchinksy to Appear Pro Hac Vice. Attorney affirms that a certificate of good standing that complies with S.D. Ala. GenLR 83.3(d) is attached. ( Filing fee $ 75, Receipt number AALSDC-2568110, Online Credit Card Payment) filed by Mirna Michel Jabbour, National Defense Committee. (Torchinsky, Jason) (Entered: 02/11/2020)

MOTION and APPLICATION for Shawn T. Sheehy to Appear Pro Hac Vice. Attorney affirms that a certificate of good standing that complies with S.D. Ala. GenLR 83.3(d) is attached. ( Filing fee $ 75, Receipt number AALSDC-2568132, Online Credit Card Payment) filed by All Plaintiffs. (Sheehy, Shawn) (Entered: 02/11/2020)

MOTION and APPLICATION for Dennis Polio to Appear Pro Hac Vice. Attorney affirms that a certificate of good standing that complies with S.D. Ala. GenLR 83.3(d) is attached. ( Filing fee $ 75, Receipt number AALSDC-2568137, Online Credit Card Payment) filed by All Plaintiffs. (Polio, Dennis) (Entered: 02/11/2020)

MOTION and APPLICATION for Jonathan P. Lienhard to Appear Pro Hac Vice. Attorney affirms that a certificate of good standing that complies with S.D. Ala. GenLR 83.3(d) is attached. ( Filing fee $ 75, Receipt number AALSDC-2568142, Online Credit Card Payment) filed by All Plaintiffs. (Lienhard, Jonathan) (Entered: 02/11/2020)

Motions Referred

MOTIONS REFERRED: 16 MOTION and APPLICATION for Jason B. Torchinksy to Appear Pro Hac Vice. 19 MOTION and APPLICATION for Jonathan P. Lienhard to Appear Pro Hac Vice. 17 MOTION and APPLICATION for Shawn T. Sheehy to Appear Pro Hac Vice. 18 MOTION and APPLICATION for Dennis Polio to Appear Pro Hac Vice. Referred to Judge Katherine P. Nelson. (cmj)

Order for the pro hac vice applicants, re: 16 MOTION and APPLICATION for Jason B. Torchinksy to Appear Pro Hac Vice; 19 MOTION and APPLICATION for Jonathan P. Lienhard to Appear Pro Hac Vice; 17 MOTION and APPLICATION for Shawn T. Sheehy to Appear Pro Hac Vice; 18 MOTION and APPLICATION for Dennis Polio to Appear Pro Hac Vice to file correct Certificates of Good Standing as set out. ( Miscellaneous deadline set for 3/12/2020.). Signed by Magistrate Judge Katherine P. Nelson on 2/12/20. (cmj) (Entered: 02/12/2020)

Emergency MOTION to Expedite Briefing and Ruling on Plaintiff's Motion for Preliminary Injunction filed by All Plaintiffs. (Jackson, Matthew) (Entered: 02/13/2020)

RESPONSE in Opposition re 21 Emergency MOTION to Expedite Briefing and Ruling on Plaintiff's Motion for Preliminary Injunction filed by Kyle Callaghan, John H. Merrill, Mobile County Board of Registrars, Judy Motlow, Ron Reams. (Messick, Misty) (Entered: 02/13/2020)

Motions Referred

Document Referred

MOTIONS REFERRED: 21 Emergency MOTION to Expedite Briefing and Ruling on Plaintiff's Motion for Preliminary Injunction to Judge Beaverstock (cmj)

REFERRAL OF 22 Response in Opposition to Motion, to Judge Beaverstock. (cmj)

Order re: 21 Emergency MOTION to Expedite Briefing and Ruling on Plaintiff's Motion for Preliminary Injunction filed by Mirna Michel Jabbour, National Defense Committee. Telephone Status Conference set for 2/18/2020 01:00 PM with District Judge Jeffrey U. Beaverstock. See call in information. Signed by District Judge Jeffrey U. Beaverstock on 2/14/20. (cmj) (Entered: 02/14/2020)

Evidentiary Material (State Defendants' First Evidentiary Submission) filed by Mobile County Board of Registrars, Ron Reams, John H. Merrill, Judy Motlow, Kyle Callaghan. (Attachments: # 1 Exhibit State of Alabama Mail-In Voter Registration Form for Plaintiff Mirna Michel Jabbour, # 2 Affidavit Declaration of Ed Packard, # 3 Exhibit Application for Absentee Ballot, # 4 Exhibit UOCAVA Application for Absentee Ballot, # 5 Exhibit Complaint in UOCAVA I, # 6 Exhibit Ala. Act No. 2006-354, # 7 Exhibit Notice of Dismissal Pursuant to Rule 41(a)(1)(i) in UOCAVA I, # 8 Exhibit Complaint in UOCAVA III, # 9 Exhibit State Defendants Unopposed Response to the Courts Judgment (doc. 121) Concerning Appropriate Remedies in UOCAVA III, # 10 Exhibit Consent Order in UOCAVA III, # 11 Exhibit State Defendants Motion for Relief from Judgment and Order in UOCAVA III, # 12 Exhibit Ala. Act No. 2015-518, # 13 Exhibit Judgment in UOCAVA III, # 14 Exhibit Ala. Admin. Code Chapter 820-2-10, # 15 Exhibit Board of Registrars Handbook, # 16 Exhibit Opinion to Hon. Thomas L. White, Jr., State Comptroller, dated August 17, 2011 (corrected Dec. 8, 2011), A.G. No. 2011-089) (Messick, Misty) (Entered: 02/18/2020)

Document Referred

REFERRAL OF 24 Evidentiary Material to Judge Beaverstock. (cmj)

Evidentiary Material (State Defendants' Second Evidentiary Submission) filed by Mobile County Board of Registrars, Ron Reams, John H. Merrill, Judy Motlow, Kyle Callaghan. (Attachments: # 1 Affidavit Declaration and Expert Report of Quentin Kidd, Ph.D.) (Messick, Misty) (Entered: 02/19/2020)

Order re: 3 MOTION for Preliminary Injunction filed by Mirna Michel Jabbour and National Defense Committee. Plaintiffs' Reply in support of the preliminary injunction and opposition brief to Defendants' Motion to Dismiss is to be filed by 2/26/2020; Defendants' reply in support of their motion to dismiss shall be filed not later than seven days after service of Plaintiff's opposition brief. Signed by District Judge Jeffrey U. Beaverstock on 2/19/20. (cmj) (Entered: 02/19/2020)

MOTION to Dismiss filed by All Defendants. (Messick, Misty) (Entered: 02/19/2020)

Evidentiary Material (Plaintiffs' First Evidentiary Submission) filed by Mirna Michel Jabbour. (Attachments: # 1 Jabbour's Second Declaration & Application for Absentee Ballot, Form AV-U1) (Jackson, Matthew) (Entered: 02/19/2020)

Document Referred

Motions Referred

REFERRAL OF 25 Evidentiary Material, to Judge Beaverstock. (cmj)

MOTIONS REFERRED: 27 MOTION to Dismiss to Judge Beaverstock (cmj)

Document Referred

REFERRAL OF 28 Evidentiary Material to Judge Beaverstock. (cmj)

Evidentiary Material (State Defendants' Third Evidentiary Submission) filed by Mobile County Board of Registrars, Ron Reams, John H. Merrill, Judy Motlow, Kyle Callaghan. (Attachments: # 1 Exhibit FVAP Guidance on UOCAVA Ballot Delivery Waivers, # 2 Exhibit Proclamation by the Governor, # 3 Affidavit Declaration of Kathleen Baxter) (Messick, Misty) (Entered: 02/21/2020)

RESPONSE in Opposition re 3 MOTION for Preliminary Injunction filed by Kyle Callaghan, John H. Merrill, Mobile County Board of Registrars, Judy Motlow, Ron Reams. (Messick, Misty) (Entered: 02/21/2020)

NOTICE by All Plaintiffs (Attachments: # 1 Exhibit, # 2 Exhibit) (Torchinsky, Jason) (Entered: 02/24/2020)

MOTION for Leave to File Supplemental Complaint filed by All Plaintiffs. (Attachments: # 1 Exhibit 1 (Proposed Supplemental Complaint), # 2 Exhibit 2 (Proposed Order)) (Jackson, Matthew) (Entered: 02/26/2020)

1 Exhibit 1 (Proposed Supplemental Complaint)

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2 Exhibit 2 (Proposed Order)

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RESPONSE in Opposition re 27 MOTION to Dismiss filed by Mirna Michel Jabbour, National Defense Committee. (Attachments: # 1 Exhibit 1 (Jabbour Third Declaration), # 2 Exhibit 2 (Carey Second Declaration), # 3 Exhibit 3 (Barber Second Declaration)) (Jackson, Matthew) (Entered: 02/26/2020)

1 Exhibit 1 (Jabbour Third Declaration)

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2 Exhibit 2 (Carey Second Declaration)

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3 Exhibit 3 (Barber Second Declaration)

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REPLY to Response to Motion 3 for Preliminary Injunction filed by Mirna Michel Jabbour, National Defense Committee. (Jackson, Matthew) (Entered: 02/26/2020)

Document Referred

REFERRAL OF 30 Response in Opposition to Motion, 29 Evidentiary Material, to Judge Beaverstock. (cmj)

REFERRAL OF 31 Notice (Other) to Judge Nelson. (cmj)

ENDORSED ORDER granting 16 17 18 19 Motions for Jason B. Torchinksy, Shawn T. Sheehy, Dennis Polio, and Jonathan P. Lienhard to Appear Pro Hac Vice for the Plaintiffs, as supplemented 31 . Signed by Magistrate Judge Katherine P. Nelson on 2/27/2020. (ctn) (Entered: 02/27/2020)

Document Referred

Motions Referred

Order on Motion to Appear Pro Hac Vice

MOTIONS REFERRED: 32 MOTION for Leave to File Supplemental Complaint to Judge Beaverstock (cmj)

REFERRAL OF 33 Response in Opposition to Motion, 34 Reply to Response to Motion to Judge Beaverstock. (cmj)

Evidentiary Material filed by Mobile County Board of Registrars, Ron Reams, John H. Merrill, Judy Motlow, Kyle Callaghan. (Attachments: # 1 Affidavit (Second Declaration of Ed Packard), # 2 Affidavit (Second Declaration and Expert Report of Quentin Kidd, Ph.D.)) (Messick, Misty) (Entered: 03/04/2020)

RESPONSE in Opposition re 32 MOTION for Leave to File Supplemental Complaint filed by Kyle Callaghan, John H. Merrill, Mobile County Board of Registrars, Judy Motlow, Ron Reams. (Messick, Misty) (Entered: 03/04/2020)

REPLY to Response to Motion 27 (State Defendants' Reply in Support of their Motion to Dismiss) filed by Kyle Callaghan, John H. Merrill, Mobile County Board of Registrars, Judy Motlow, Ron Reams. (Messick, Misty) (Entered: 03/04/2020)

Document Referred

REFERRAL OF 38 Reply to Response to Motion, 37 Response in Opposition to Motion, 36 Evidentiary Material, to Judge Beaverstock. (cmj)

REPLY to Response to Motion 32 to File Supplemental Complaint filed by Mirna Michel Jabbour, National Defense Committee. (Attachments: # 1 Exhibit 1 (Barber Declaration), # 2 Exhibit 2 (Fourth Jabbour Declaration)) (Jackson, Matthew) (Entered: 03/10/2020)

1 Exhibit 1 (Barber Declaration)

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2 Exhibit 2 (Fourth Jabbour Declaration)

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Document Referred

REFERRAL OF 39 Reply to Response to Motion, to Judge Beaverstock. (cmj)

Evidentiary Material filed by National Defense Committee, Mirna Michel Jabbour re: 3 MOTION for Preliminary Injunction, 33 Response in Opposition to Motion,. (Attachments: # 1 Exhibit 1 (Alabama Secretary of State Press Release: "Secretary of State Requests Emergency Opinion from Attorney Generals Office to Postpone Runoff Election")) (Jackson, Matthew) (Entered: 03/16/2020)

Evidentiary Material filed by National Defense Committee, Mirna Michel Jabbour re: 3 MOTION for Preliminary Injunction, 33 Response in Opposition to Motion,. (Attachments: # 1 Exhibit 1 (Ala. A.G. Opinion), # 2 Exhibit 2 (Ala. Governor Proclamation)) (Jackson, Matthew) (Entered: 03/18/2020)

Evidentiary Material (State Defendants' Fifth Evidentiary Submission) filed by Mobile County Board of Registrars, Ron Reams, John H. Merrill, Judy Motlow, Kyle Callaghan. (Attachments: # 1 Affidavit (Declaration of Clay S. Helms)) (Messick, Misty) (Entered: 03/19/2020)

Document Referred

REFERRAL OF 40 Evidentiary Material, 41 Evidentiary Material, to Judge Beaverstock. (cmj)

Document Referred

REFERRAL OF 42 Evidentiary Material, to Judge Beaverstock. (cmj)

Order for parties to file a joint statement informing the court of their positions regarding whether the actions of the Governor and Secretary of State as set out render Plaintiff's Motion for Preliminary Injunction and any other requested relief directed specifically to the 2020 Alabama primary runoff election moot. ( Miscellaneous deadline set for 3/30/2020.). Signed by District Judge Jeffrey U. Beaverstock on 3/24/20. (cmj) (Entered: 03/24/2020)

STIPULATION of Dismissal Without Prejudice by National Defense Committee, Mirna Michel Jabbour. (Jackson, Matthew) (Entered: 03/25/2020)

Document endorsed NOTED by District Judge Jeffrey U. Beaverstock: Stipulation of Dismissal 44 filed by Mirna Michel Jabbour, National Defense Committee. This case is dismissed without prejudice. (jil) (Entered: 03/25/2020)

Document Referred

Order - Document NOTED

REFERRAL OF 44 Stipulation of Dismissal to Judge Beaverstock. (cmj)