Case: Fair Fight, Inc. v. True The Vote

2:20-cv-00302 | U.S. District Court for the Northern District of Georgia

Filed Date: Dec. 23, 2020

Case Ongoing

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Case Summary

This case is about whether a “voter-integrity” campaign of True the Vote, a conservative Texas-based vote-monitoring organization, violated Section 11(b) of the Voting Rights Act.  On January 5, 2021, during the aftermath of the 2020 presidential election and amid claims of voter fraud and election impropriety by President Donald Trump, Georgia held a run-off election for its seats in the U.S. Senate.  The outcome of the run-off election would determine the control of the Senate. During the run…

This case is about whether a “voter-integrity” campaign of True the Vote, a conservative Texas-based vote-monitoring organization, violated Section 11(b) of the Voting Rights Act.  On January 5, 2021, during the aftermath of the 2020 presidential election and amid claims of voter fraud and election impropriety by President Donald Trump, Georgia held a run-off election for its seats in the U.S. Senate.  The outcome of the run-off election would determine the control of the Senate. During the run-up to the election, True the Vote engaged in a “voter-integrity” campaign.  True the Vote made preemptive mass challenges to the eligibility of over 300,000 voters registered in Georgia.  Mass voter challenges by state citizens are allowed under Georgia state law.  The organization also offered monetary rewards to individuals who reported improper voting and recruited Navy SEALS for poll-watching in the state.    

On December 23, 2020, Fair Fight and individual voters filed a complaint in the United States District Court for the Northern District of Georgia.  Fair Fight was the voting rights organization founded by Democrat Stacy Abrams, and the individual plaintiffs were voters properly registered in Georgia whose eligibility was challenged by True the Vote.  Plaintiffs asked the court to determine that the conduct of True the Vote and individual associated with True the Vote violated Section 11(b) of the Voting Rights Act and to enjoin True the Vote from engaging in such conduct.  Plaintiffs then filed a motion for a temporary restraining order (“TRO”) on December 29, 2020.  The court denied the plaintiff’s motion for a TRO but expressed deep concerns about the legality of the defendants’ voter challenges.

Both plaintiffs and defendants moved for summary judgment at the close of discovery on May 16, 2022.   On December 19, 2022, the United States Department of Justice (“DOJ”) intervened in the case to defend the constitutionality of Section 11(b) of the Voting Rights Act.  The DOJ filed a brief on January 17, 2023, and an amended brief on January 25, 2023.

The court heard the parties’ arguments on the cross-motions for summary judgment on February 1, 2023. On March 9, 2023, the court partially granted plaintiffs’ motion for summary judgment on defendants’ affirmative defenses for vote dilution and unconstitutional vagueness, denied plaintiffs’ motion on the remaining issues, and granted defendants’ motion with respect to a specific geographic area.  Order on Cross Mot. for Summ. J., Fair Fight Inc. v. True the Vote,  No. 2:20-cv-00302-SCJ (N.D. Ga. March 9, 2023).  

The court determined that to have a viable Section 11(b) claim, plaintiffs “must show direct action toward voters that caused or could have caused voters to feel reasonably intimated.”   The court relied upon the United States District Court for the Southern District of New York’s opinion in National Coalition on Black Civic Participation v. Wohl, 512 F. Supp. 3d 500 (S.D.N.Y. 2021), for the test for a Section 11(b) claim. The court cited the reasoning in Wohl that “intimidation includes  messages  that  a  reasonable  recipient, familiar with the context of the message, would interpret as a threat of  injury—whether  physical  or  nonviolent—intended  to  deter  individuals  from  exercising their voting rights.” Order on Cross Mot. for Summ. J., Fair Fight Inc. v. True the Vote,  No. 2:20-cv-00302-SCJ, at 14 (citing 512 F. Supp. 3d 500, 509 (S.D.N.Y. 2021)).  The Fair Fight court further rejected both the arguments of the plaintiffs that intimidation for purposes of Section 11(b) does not have to be violent, have a racial animus, or involve direct contact and of the defendants that intimidation requires direct contact between the party intimidating and the intimidated party.  Instead, the court agreed with the DOJ that intimidation depends upon the “totality of the circumstances.”  Id. at 15-16.  The court noted that it could consider non-violent conduct and conduct by third parties directed by defendants, but that the intimidation would be judged on an objective reasonableness standard.  Id. at 16.  To prevail on their Section 11(b) claims, plaintiffs must establish the following under the totality of the circumstances: “(1) Defendants’ actions  directly or through means of a third-party in which they directed, (2) caused, or could have caused, (3) any person to be reasonably be intimidated, threatened,  or  coerced  from  voting  or  attempting  to  vote.”  Id. at 16-17.

The bench trial of the case began on October 26, 2023. 

In 2024, the Court issued its order and memorandum, finding that Plaintiff failed to meet their burden and that there was not sufficient evidence that Defendants violated Section 11(b). 

In response, Plaintiffs filed an appeal to the Court of Appeals for the Eleventh Circuit (24-10372). The appeal is ongoing. 

Summary Authors

LFAA (1/7/2026)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/18243462/parties/fair-fight-inc-v-engelbrecht/


Judge(s)
Attorney for Plaintiff
Attorney for Defendant

Bopp, James Bopp (Georgia)

Expert/Monitor/Master/Other

Bao, Judy (Georgia)

Belinfante, Joshua Barrett (Georgia)

Berwick, Benjamin L. (Georgia)

Bokat-Lindell, Noah (Georgia)

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Documents in the Clearinghouse

Document
1

2:20-cv-00302

Complaint for Declaratory and Injunctive Relief

Dec. 23, 2020

Dec. 23, 2020

Complaint
11

2:20-cv-00302

Plaintiff's Motion for TRO and/or Preliminary Injunction

Dec. 29, 2020

Dec. 29, 2020

Pleading / Motion / Brief
6

2:20-cv-00302

Order

Dec. 29, 2020

Dec. 29, 2020

Order/Opinion
23

2:20-cv-00302

True the Vote's Motion to Dismiss for Insufficient Process Under Rule 12(b)(4)

Dec. 30, 2020

Dec. 30, 2020

Pleading / Motion / Brief
48

2:20-cv-00302

Plaintiffs' and Counter-Defendant's Motion to Dismiss Counterclaims

Jan. 29, 2021

Jan. 29, 2021

Pleading / Motion / Brief
73

2:20-cv-00302

Amended Complaint

Fair Fight, Inc., John Doe, and Jane Doe v. True the Vote, Inc., Catherine Engelbrecht, Derek Somerville, Mark Davis, Mark Williams, Ron Johnson, James Cooper, and John Does 1-10, Counter-Defendant Fair Fight Action, Inc.

March 22, 2021

March 22, 2021

Complaint
111

2:20-cv-00302

Order on Motion to Dismiss

Aug. 17, 2021

Aug. 17, 2021

Order/Opinion

2021 WL 12299453

156

2:20-cv-00302

Motion for Summary Judgment

Fair Fight, Inc., John Doe, and Jane Doe v. True the Vote, Inc., Catherine Engelbrecht, Derek Somerville, Mark Davis, Mark Williams, Ron Johnson, James Cooper, and John Does 1-10, Counter-Defendant Fair Fight Action, Inc.

May 16, 2022

May 16, 2022

Pleading / Motion / Brief
155

2:20-cv-00302

Motion for Summary Judgment

Fair Fight, Inc., John Doe, and Jane Doe v. True the Vote, Inc., Catherine Engelbrecht, Derek Somerville, Mark Davis, Mark Williams, Ron Johnson, James Cooper, and John Does 1-10, Counter-Defendant Fair Fight Action, Inc.

May 16, 2022

May 16, 2022

Pleading / Motion / Brief
222

2:20-cv-00302

Order on Motion for Summary Judgment

March 9, 2023

March 9, 2023

Order/Opinion

2023 WL 11909799

Docket

See docket on RECAP: https://www.courtlistener.com/docket/18243462/fair-fight-inc-v-engelbrecht/

Last updated Jan. 24, 2026, 6:47 a.m.

ECF Number Description Date Link Date / Link
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COMPLAINT filed by John Doe, Jane Doe, Fair Fight, Inc. (Filing fee $402, receipt number AGANDC-10527552) (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Civil Cover Sheet)(dgr) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions and Pretrial Associated Forms which includes the Consent To Proceed Before U.S. Magistrate form. (Entered: 12/28/2020)

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

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5 Exhibit 5

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6 Exhibit 6

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7 Exhibit 7

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8 Exhibit 8

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9 Civil Cover Sheet

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Dec. 23, 2020

Dec. 23, 2020

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MOTION to Proceed Anonymously with Brief In Support by Fair Fight, Inc., Jane Doe, John Doe. (Attachments: # 1 Brief in Support, # 2 Text of Proposed Order)(dgr) (Entered: 12/28/2020)

1 Brief in Support

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2 Text of Proposed Order

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Dec. 23, 2020

Dec. 23, 2020

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Electronic Summons Issued as to James Cooper, Mark Davis, Catherine Engelbrecht, Ron Johnson, Derek Somerville, True the Vote, Mark Williams. (Attachments: # 1 Summons Derek Somerville, # 2 Summons James Cooper, # 3 Summons Mark Davis, # 4 Summons Mark Williams, # 5 Summons Ron Johnson, # 6 Summons True the Vote)(dgr) (Entered: 12/28/2020)

1 Summons Derek Somerville

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2 Summons James Cooper

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3 Summons Mark Davis

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4 Summons Mark Williams

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5 Summons Ron Johnson

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6 Summons True the Vote

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Dec. 28, 2020

Dec. 28, 2020

Clearinghouse
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NINTH AMENDMENT TO THE GENERAL ORDER 20-01 IN RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONAVIRUS. Signed by Judge Thomas W. Thrash, Jr. on 12/8/2020. (dgr) (Entered: 12/28/2020)

Dec. 28, 2020

Dec. 28, 2020

Clearinghouse

Submission to District Judge

Dec. 28, 2020

Dec. 28, 2020

Submission of 2 MOTION to Proceed Anonymously, to District Judge Richard W. Story. (aar)

Dec. 28, 2020

Dec. 28, 2020

5

ORDER REASSIGNING CASE. Case reassigned to Judge Steve C. Jones for all further proceedings. Judge Richard W. Story no longer assigned to case. NOTICE TO ALL COUNSEL OF RECORD: The Judge designation in the civil action number assigned to this case has been changed to 2:20-cv-302-SCJ. Please make note of this change in order to facilitate the docketing of pleadings in this case. Signed by Judge Richard W. Story on 12/28/2020. (dgr) (Entered: 12/29/2020)

Dec. 29, 2020

Dec. 29, 2020

Clearinghouse
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ORDER: In the event that a formal motion to seek emergency injunctive relief is immediately filed by Plaintiffs, the following briefing and hearing schedule shall govern: Plaintiffs shall immediately serve their motion for preliminary injunction and complaint upon Defendants. Defendants shall file a written response brief to the motion for preliminary injunction by 5:00 P.M., WEDNESDAY, DECEMBER 30, 2020. The Court will hold a virtual/Zoom hearing on THURSDAY, DECEMBER 31, 2020 at 10:00 A.M. The Zoom log in information will issue by separate docket entry. Plaintiffs shall immediately serve a copy of this Order and Zoom log in information upon Defendants. Signed by Judge Steve C. Jones on 12/29/2020. (rjs) (Entered: 12/29/2020)

Dec. 29, 2020

Dec. 29, 2020

Clearinghouse
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ORDER: The Court will hold a virtual/Zoom hearing on Plaintiffs' Motion to Proceed Anonymously (Doc. No. 2 ) on THURSDAY, DECEMBER 31, 2020 at 10:00 A.M. Plaintiffs shall immediately serve a copy of their motion, this Order, and Zoom log in information upon Defendants. Signed by Judge Steve C. Jones on 12/29/2020. (rjs) (Entered: 12/29/2020)

Dec. 29, 2020

Dec. 29, 2020

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8

APPLICATION for Admission of Uzoma N Nkwonta Pro Hac Vice (Application fee $ 150, receipt number AGANDC-10542404).by Fair Fight, Inc., Jane Doe, John Doe. (Lawrence, Allegra) Documents for this entry are not available for viewing outside the courthouse. (Entered: 12/29/2020)

Dec. 29, 2020

Dec. 29, 2020

9

APPLICATION for Admission of Christina Ford Pro Hac Vice (Application fee $ 150, receipt number AGANDC-10542514).by Fair Fight, Inc., Jane Doe, John Doe. (Lawrence, Allegra) Documents for this entry are not available for viewing outside the courthouse. (Entered: 12/29/2020)

Dec. 29, 2020

Dec. 29, 2020

10

APPLICATION for Admission of Marc Elias Pro Hac Vice (Application fee $ 150, receipt number AGANDC-10542544).by Fair Fight, Inc., Jane Doe, John Doe. (Lawrence, Allegra) Documents for this entry are not available for viewing outside the courthouse. (Entered: 12/29/2020)

Dec. 29, 2020

Dec. 29, 2020

11

MOTION for Temporary Restraining Order IMMEDIATE HEARING REQUESTED with Brief In Support by Fair Fight, Inc., Jane Doe, John Doe. (Attachments: # 1 Brief, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit, # 15 Exhibit, # 16 Exhibit, # 17 Exhibit, # 18 Exhibit, # 19 Exhibit, # 20 Exhibit, # 21 Exhibit, # 22 Exhibit, # 23 Exhibit, # 24 Exhibit, # 25 Exhibit, # 26 Exhibit, # 27 Text of Proposed Order)(Lawrence, Allegra) (Entered: 12/29/2020)

1 Brief

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27 Text of Proposed Order

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Dec. 29, 2020

Dec. 29, 2020

Clearinghouse
12

APPLICATION for Admission of Aria Branch Pro Hac Vice (Application fee $ 150, receipt number AGANDC-10544170).by Fair Fight, Inc., Jane Doe, John Doe. (Lawrence, Allegra) Documents for this entry are not available for viewing outside the courthouse. (Entered: 12/29/2020)

Dec. 29, 2020

Dec. 29, 2020

13

APPLICATION for Admission of Molly Mitchell Pro Hac Vice (Application fee $ 150, receipt number AGANDC-10544176).by Fair Fight, Inc., Jane Doe, John Doe. (Lawrence, Allegra) Documents for this entry are not available for viewing outside the courthouse. (Entered: 12/29/2020)

Dec. 29, 2020

Dec. 29, 2020

14

APPLICATION for Admission of Thomas Tobin Pro Hac Vice (Application fee $ 150, receipt number AGANDC-10544180).by Fair Fight, Inc., Jane Doe, John Doe. (Lawrence, Allegra) Documents for this entry are not available for viewing outside the courthouse. (Entered: 12/29/2020)

Dec. 29, 2020

Dec. 29, 2020

15

NOTICE of Appearance by Ray Stallings Smith, III on behalf of James Cooper, Mark Davis, Catherine Engelbrecht, Ron Johnson, Derek Somerville, True the Vote, Mark Williams (Smith, Ray) (Entered: 12/29/2020)

Dec. 29, 2020

Dec. 29, 2020

Clearinghouse

Submission to District Judge

Dec. 29, 2020

Dec. 29, 2020

Submission of 2 MOTION to Proceed Anonymously, to District Judge Steve C. Jones. (dgr)

Dec. 29, 2020

Dec. 29, 2020

Notice of Video/Telephone Proceeding

Dec. 29, 2020

Dec. 29, 2020

NOTICE OF VIDEO PROCEEDING re: 2 Plaintiffs' MOTION to Proceed Anonymously and motion for emergency injunctive relief (if filed.) Motion Hearing set for 12/31/2020 at 10:00 AM via Zoom Webinar before Judge Steve C. Jones. Connection Instructions: Please click the link below to join the webinar: https://ganduscourts.zoomgov.com/j/1618852308 Passcode: 247251 Or iPhone one-tap : US: +16692545252,,1618852308#,,,,,,0#,,247251# or +16468287666,,1618852308#,,,,,,0#,,247251# Or Telephone: Dial(for higher quality, dial a number based on your current location): US: +1 669 254 5252 or +1 646 828 7666 Webinar ID: 161 885 2308 Passcode: 247251 International numbers available: https://ganduscourts.zoomgov.com/u/aZ8FmjOeo Or an H.323/SIP room system: H.323: 161.199.138.10 (US West) or 161.199.136.10 (US East) Meeting ID: 161 885 2308 Passcode: 247251 SIP: 1618852308@sip.zoomgov.com Passcode: 247251 You must follow the instructions of the Court for remote proceedings available here. The procedure for filing documentary exhibits admitted during the proceeding is available here. Photographing, recording, or broadcasting of any judicial proceedings, including proceedings held by video teleconferencing or telephone conferencing, is strictly and absolutely prohibited. (pdw)

Dec. 29, 2020

Dec. 29, 2020

16

APPLICATION for Admission of James Bopp, Jr. Pro Hac Vice (Application fee $ 150, receipt number AGANDC-10547965).by James Cooper, Mark Davis, Catherine Engelbrecht, Ron Johnson, Derek Somerville, True the Vote, Mark Williams. (Smith, Ray) Documents for this entry are not available for viewing outside the courthouse. (Entered: 12/30/2020)

Dec. 30, 2020

Dec. 30, 2020

17

APPLICATION for Admission of Melena Siebert Pro Hac Vice (Application fee $ 150, receipt number AGANDC-10547995).by James Cooper, Mark Davis, Catherine Engelbrecht, Ron Johnson, Derek Somerville, True the Vote, Mark Williams. (Smith, Ray) Documents for this entry are not available for viewing outside the courthouse. (Entered: 12/30/2020)

Dec. 30, 2020

Dec. 30, 2020

18

APPLICATION for Admission of Courtney Turner Milbank Pro Hac Vice (Application fee $ 150, receipt number AGANDC-10548012).by James Cooper, Mark Davis, Catherine Engelbrecht, Ron Johnson, Derek Somerville, True the Vote, Mark Williams. (Smith, Ray) Documents for this entry are not available for viewing outside the courthouse. (Entered: 12/30/2020)

Dec. 30, 2020

Dec. 30, 2020

19

APPLICATION for Admission of Jeffrey P. Gallant Pro Hac Vice (Application fee $ 150, receipt number AGANDC-10548045).by James Cooper, Mark Davis, Catherine Engelbrecht, Ron Johnson, Derek Somerville, True the Vote, Mark Williams. (Smith, Ray) Documents for this entry are not available for viewing outside the courthouse. (Entered: 12/30/2020)

Dec. 30, 2020

Dec. 30, 2020

20

APPLICATION for Admission of Rob Citak Pro Hac Vice (Application fee $ 150, receipt number AGANDC-10548060).by James Cooper, Mark Davis, Catherine Engelbrecht, Ron Johnson, Derek Somerville, True the Vote, Mark Williams. (Smith, Ray) Documents for this entry are not available for viewing outside the courthouse. (Entered: 12/30/2020)

Dec. 30, 2020

Dec. 30, 2020

21

RESPONSE in Opposition re 11 MOTION for Temporary Restraining Order IMMEDIATE HEARING REQUESTED filed by James Cooper, Mark Davis, Catherine Engelbrecht, Ron Johnson, Derek Somerville, True the Vote, Mark Williams. (Smith, Ray) (Entered: 12/30/2020)

Dec. 30, 2020

Dec. 30, 2020

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22

RESPONSE in Opposition re 2 MOTION to Proceed Anonymously filed by James Cooper, Mark Davis, Catherine Engelbrecht, Ron Johnson, Derek Somerville, True the Vote, Mark Williams. (Smith, Ray) (Entered: 12/30/2020)

Dec. 30, 2020

Dec. 30, 2020

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23

MOTION to Dismiss for Insufficient Process Under Rule 12(b)(4) with Brief In Support by James Cooper, Mark Davis, Catherine Engelbrecht, Ron Johnson, Derek Somerville, True the Vote, Mark Williams. (Smith, Ray) (Entered: 12/30/2020)

Dec. 30, 2020

Dec. 30, 2020

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NOTICE Of Filing Supplemental Authority in Support of 21 Response in Opposition to the 11 MOTION for Temporary Restraining Order by James Cooper, Mark Davis, Catherine Engelbrecht, Ron Johnson, Derek Somerville, True the Vote, Mark Williams. (Attachments: # 1 Exhibit A)(Smith, Ray) Modified on 12/31/2020 (rjs). (Entered: 12/31/2020)

1 Exhibit A

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Dec. 31, 2020

Dec. 31, 2020

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25

Minute Entry for proceedings held before Judge Steve C. Jones: Motion Hearing held on 12/31/2020 via Zoom. Oral argument heard. Motions taken under advisement by the Court, with order to follow. (Court Reporter Jana Colter)(rjs) (Entered: 12/31/2020)

Dec. 31, 2020

Dec. 31, 2020

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26

COURT'S NOTICE Of Filing Plaintiffs' court-redacted Declarations dated 12/31/2020. (pdw) (Entered: 01/01/2021)

Jan. 1, 2021

Jan. 1, 2021

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COURT'S NOTICE Of Filing Defendants' response to 26 Plaintiffs' court-redacted Declarations. (pdw) (Entered: 01/01/2021)

Jan. 1, 2021

Jan. 1, 2021

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28

ORDER: Pursuant to Federal Rule of Civil Procedure 21, the Court adds True the Vote, Inc. as a named party-defendant to this case and drops (or otherwise terminates) True the Vote as a named party-defendant.In light of such, the Motion to Dismiss for Insufficient Process under Rule 12(b)(4) 23 is DEEMED MOOT. Signed by Judge Steve C. Jones on 1/01/2021. (pdw) (Entered: 01/01/2021)

Jan. 1, 2021

Jan. 1, 2021

Clearinghouse
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ORDER: the Court GRANTS Plaintiffs' Motion to Proceed Anonymously 2 and DENIES Plaintiffs' Motion for a Temporary Restraining Order and/or Preliminary Injunction 11 . While this Court denies Plaintiffs' motion for injunctive relief, this case is not yet over. As this Court has expressed clearly, an eleventh-hour challenge to the franchise of more than 360,000 Georgians is suspect. So too is the manner in which Defendants mounted their challenges. The Court will not abide attempts to sidestep federal law to disenfranchise voters. Nor will it tolerate actors brandishing these voter challenges to intimidate and diminish the franchise, for such acts diminish democracy itself. But the Court must rely on proper evidence and facts to determine whether these acts have in fact run afoul of federal law. The Court looks forward to seeing what evidence the Parties bring to bear. Signed by Judge Steve C. Jones on 1/01/2021. (pdw) (Entered: 01/01/2021)

Jan. 1, 2021

Jan. 1, 2021

Clearinghouse
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ORDER granting 8 Application for Admission Pro Hac Vice fopr Uzoma N Nkwonta. Signed by Judge Steve C. Jones on 1/4/2021. If the applicant does not have CM/ECF access in the Northern District of Georgia already, they must request access at http://pacer.gov. If they have electronically filed in this district in a previous case, please omit this step.(rjs) (Entered: 01/04/2021)

Jan. 4, 2021

Jan. 4, 2021

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ORDER granting 9 Application for Admission Pro Hac Vice for Christina Ashley Ford. Signed by Judge Steve C. Jones on 1/4/2021. If the applicant does not have CM/ECF access in the Northern District of Georgia already, they must request access at http://pacer.gov. If they have electronically filed in this district in a previous case, please omit this step.(rjs) (Entered: 01/04/2021)

Jan. 4, 2021

Jan. 4, 2021

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ORDER granting 12 Application for Admission Pro Hac Vice for Aria C. Branch. Signed by Judge Steve C. Jones on 1/4/2021. If the applicant does not have CM/ECF access in the Northern District of Georgia already, they must request access at http://pacer.gov. If they have electronically filed in this district in a previous case, please omit this step.(rjs) (Entered: 01/04/2021)

Jan. 4, 2021

Jan. 4, 2021

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ORDER granting 13 Application for Admission Pro Hac Vice for Molly Mitchell. Signed by Judge Steve C. Jones on 1/4/2021. If the applicant does not have CM/ECF access in the Northern District of Georgia already, they must request access at http://pacer.gov. If they have electronically filed in this district in a previous case, please omit this step.(rjs) (Entered: 01/04/2021)

Jan. 4, 2021

Jan. 4, 2021

APPROVAL by Clerks Office re: 8 APPLICATION for Admission of Uzoma N Nkwonta Pro Hac Vice (Application fee $ 150, receipt number AGANDC-10542404). Attorney Uzoma Nkwonta added appearing on behalf of Fair Fight, Inc., Jane Doe, John Doe (cdg)

Jan. 4, 2021

Jan. 4, 2021

APPROVAL by Clerks Office re: 9 APPLICATION for Admission of Christina Ford Pro Hac Vice (Application fee $ 150, receipt number AGANDC-10542514).. Attorney Aria Christine Branch added appearing on behalf of Fair Fight, Inc., Jane Doe, John Doe (cdg)

Jan. 4, 2021

Jan. 4, 2021

APPROVAL by Clerks Office re: 12 APPLICATION for Admission of Aria Branch Pro Hac Vice (Application fee $ 150, receipt number AGANDC-10544170). Attorney Aria Christine Branch added appearing on behalf of Fair Fight, Inc., Jane Doe, John Doe (cdg)

Jan. 4, 2021

Jan. 4, 2021

APPROVAL by Clerks Office re: 13 APPLICATION for Admission of Molly Mitchell Pro Hac Vice (Application fee $ 150, receipt number AGANDC-10544176). Attorney Molly Elizabeth Mitchell added appearing on behalf of Fair Fight, Inc., Jane Doe, John Doe (cdg)

Jan. 4, 2021

Jan. 4, 2021

Clerks Certificate of Mailing

Jan. 4, 2021

Jan. 4, 2021

Approval of Application for Admission Pro Hac Vice

Jan. 4, 2021

Jan. 4, 2021

Clerk's Certificate of Mailing to Christina Ashley Ford re 31 Order on Application for Admission PHV. (rjs)

Jan. 4, 2021

Jan. 4, 2021

APPROVAL by Clerks Office re: 14 APPLICATION for Admission of Thomas Tobin Pro Hac Vice (Application fee $ 150, receipt number AGANDC-10544180). Attorney Thomas Tobin added appearing on behalf of Fair Fight, Inc., Jane Doe, John Doe (cdg)

Jan. 4, 2021

Jan. 4, 2021

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ORDER granting 10 Application for Admission Pro Hac Vice for Marc E Elias. Signed by Judge Steve C. Jones on 1/5/2021. If the applicant does not have CM/ECF access in the Northern District of Georgia already, they must request access at http://pacer.gov. If they have electronically filed in this district in a previous case, please omit this step.(rjs) (Entered: 01/05/2021)

Jan. 5, 2021

Jan. 5, 2021

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ORDER granting 14 Application for Admission Pro Hac Vice for Thomas Tobin. Signed by Judge Steve C. Jones on 1/5/2021. If the applicant does not have CM/ECF access in the Northern District of Georgia already, they must request access at http://pacer.gov. If they have electronically filed in this district in a previous case, please omit this step.(rjs) (Entered: 01/05/2021)

Jan. 5, 2021

Jan. 5, 2021

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ORDER granting 16 Application for Admission Pro Hac Vice for James Bopp, Jr. Signed by Judge Steve C. Jones on 1/5/2021. If the applicant does not have CM/ECF access in the Northern District of Georgia already, they must request access at http://pacer.gov. If they have electronically filed in this district in a previous case, please omit this step.(rjs) (Entered: 01/05/2021)

Jan. 5, 2021

Jan. 5, 2021

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ORDER granting 17 Application for Admission Pro Hac Vice for Melena Siebert. Signed by Judge Steve C. Jones on 1/5/2021. If the applicant does not have CM/ECF access in the Northern District of Georgia already, they must request access at http://pacer.gov. If they have electronically filed in this district in a previous case, please omit this step.(rjs) (Entered: 01/05/2021)

Jan. 5, 2021

Jan. 5, 2021

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ORDER granting 18 Application for Admission Pro Hac Vice for Courtney Turner Milbank. Signed by Judge Steve C. Jones on 1/5/2021. If the applicant does not have CM/ECF access in the Northern District of Georgia already, they must request access at http://pacer.gov. If they have electronically filed in this district in a previous case, please omit this step.(rjs) (Entered: 01/05/2021)

Jan. 5, 2021

Jan. 5, 2021

39

ORDER granting 19 Application for Admission Pro Hac Vice for Jeffrey P. Gallant. Signed by Judge Steve C. Jones on 1/5/2021. If the applicant does not have CM/ECF access in the Northern District of Georgia already, they must request access at http://pacer.gov. If they have electronically filed in this district in a previous case, please omit this step.(rjs) (Entered: 01/05/2021)

Jan. 5, 2021

Jan. 5, 2021

APPROVAL by Clerks Office re: 10 APPLICATION for Admission of Marc Elias Pro Hac Vice (Application fee $ 150, receipt number AGANDC-10542544). Attorney Marc E. Elias added appearing on behalf of Fair Fight, Inc., Jane Doe, John Doe (cdg)

Jan. 5, 2021

Jan. 5, 2021

RETURN of 20 APPLICATION for Admission of Rob Citak Pro Hac Vice (Application fee $ 150, receipt number AGANDC-10548060). to attorney for correction re: Petitioner's name. (cdg)

Jan. 5, 2021

Jan. 5, 2021

Return of Application for Admission Pro Hac Vice

Jan. 5, 2021

Jan. 5, 2021

APPROVAL by Clerks Office re: 17 APPLICATION for Admission of Melena Siebert Pro Hac Vice (Application fee $ 150, receipt number AGANDC-10547995). Attorney Melena Siebert added appearing on behalf of Fair Fight, Inc., Jane Doe, John Doe (cdg)

Jan. 5, 2021

Jan. 5, 2021

APPROVAL by Clerks Office re: 16 APPLICATION for Admission of James Bopp, Jr. Pro Hac Vice (Application fee $ 150, receipt number AGANDC-10547965). Attorney James Bopp, Jr. added appearing on behalf of Fair Fight, Inc., Jane Doe, John Doe (cdg)

Jan. 5, 2021

Jan. 5, 2021

APPROVAL by Clerks Office re: 18 APPLICATION for Admission of Courtney Turner Milbank Pro Hac Vice (Application fee $ 150, receipt number AGANDC-10548012). Attorney Courtney Turner Milbank added appearing on behalf of Fair Fight, Inc., Jane Doe, John Doe (cdg)

Jan. 5, 2021

Jan. 5, 2021

APPROVAL by Clerks Office re: 19 APPLICATION for Admission of Jeffrey P. Gallant Pro Hac Vice (Application fee $ 150, receipt number AGANDC-10548045). Attorney Jeffrey P. Gallant added appearing on behalf of Fair Fight, Inc., Jane Doe, John Doe (cdg)

Jan. 5, 2021

Jan. 5, 2021

Approval of Application for Admission Pro Hac Vice

Jan. 5, 2021

Jan. 5, 2021

Clerk's Certificate of Mailing to Thomas Tobin re 35 Order on Application for Admission PHV. (rjs)

Jan. 5, 2021

Jan. 5, 2021

Clerk's Certificate of Mailing to James Bopp, Jr. re 36 Order on Application for Admission PHV. (rjs)

Jan. 5, 2021

Jan. 5, 2021

Clerks Certificate of Mailing

Jan. 5, 2021

Jan. 5, 2021

Clerk's Certificate of Mailing to Melena Siebert re 37 Order on Application for Admission PHV. (rjs)

Jan. 5, 2021

Jan. 5, 2021

Clerk's Certificate of Mailing to Courtney Turner Milbank re 38 Order on Application for Admission PHV. (rjs)

Jan. 5, 2021

Jan. 5, 2021

Clerk's Certificate of Mailing to Jeffrey P. Gallant re 39 Order on Application for Admission PHV. (rjs)

Jan. 5, 2021

Jan. 5, 2021

40

ANSWER to 1 COMPLAINT ( Discovery ends on 6/7/2021.), COUNTERCLAIM against Fair Fight, Inc., Fair Fight Action, Inc, John Doe, and Jane Doe by True the Vote, Inc., Ron Johnson, Catherine Engelbrecht, Mark Williams, James Cooper, Derek Somerville, Mark Davis. (Attachments: # 1 Exhibit A, # 2 Affidavit Verification of Ron Johnson, # 3 Affidavit Verification of C. Engelbrecht, # 4 Affidavit Verification of Mark Williams)(Smith, Ray) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. Modified on 1/11/2021 (rjs). (Entered: 01/08/2021)

1 Exhibit A

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2 Affidavit Verification of Ron Johnson

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3 Affidavit Verification of C. Engelbrecht

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4 Affidavit Verification of Mark Williams

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Jan. 8, 2021

Jan. 8, 2021

Clearinghouse
41

REQUEST FOR WAIVER of Service mailed to Glen Paul Freedman on 1/8/2021. (Smith, Ray) (Entered: 01/08/2021)

Jan. 8, 2021

Jan. 8, 2021

Clearinghouse
42

Certificate of Interested Persons by James Cooper, Mark Davis, Catherine Engelbrecht, Ron Johnson, Derek Somerville, True the Vote, Inc., Mark Williams. (Smith, Ray) (Entered: 01/22/2021)

Jan. 22, 2021

Jan. 22, 2021

Clearinghouse
43

Amended Certificate of Interested Persons by James Cooper, Mark Davis, Catherine Engelbrecht, Ron Johnson, Derek Somerville, True the Vote, Inc., Mark Williams. (Smith, Ray) (Entered: 01/22/2021)

Jan. 22, 2021

Jan. 22, 2021

Clearinghouse
44

Certificate of Interested Persons by Fair Fight, Inc., Jane Doe, John Doe. (Lawrence, Allegra) (Entered: 01/22/2021)

Jan. 22, 2021

Jan. 22, 2021

Clearinghouse
45

WAIVER OF SERVICE Returned Executed by Fair Fight Action, Inc.. Fair Fight Action, Inc. waiver mailed on 1/8/2021, answer due 3/9/2021. (Lawrence, Allegra) (Entered: 01/25/2021)

Jan. 25, 2021

Jan. 25, 2021

Clearinghouse
46

TRANSCRIPT of Proceedings held on 12/31/2020, before Judge Steve C. Jones. Court Reporter/Transcriber Jana B. Colter, FAPR, RMR, CRR, CRC. A full directory of court reporters and their contact information can be found at www.gand.uscourts.gov/directory-court-reporters. 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 2/16/2021. Redacted Transcript Deadline set for 2/26/2021. Release of Transcript Restriction set for 4/26/2021. (Attachments: # 1 Notice of Filing Transcript) (jbc) (Entered: 01/26/2021)

1 Notice of Filing Transcript

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Jan. 26, 2021

Jan. 26, 2021

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47

TENTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONAVIRUS. Signed by Judge Thomas W. Thrash, Jr. on 01/27/2021. (dgs) (ADI) (Entered: 01/28/2021)

Jan. 28, 2021

Jan. 28, 2021

Clearinghouse
48

MOTION to Dismiss with Brief In Support by Fair Fight Action, Inc., Fair Fight, Inc., Jane Doe, John Doe. (Attachments: # 1 Brief in Support)(Nkwonta, Uzoma) (Entered: 01/29/2021)

1 Brief in Support

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Jan. 29, 2021

Jan. 29, 2021

Clearinghouse
49

Certificate of Interested Persons by Fair Fight Action, Inc.. (Nkwonta, Uzoma) (Entered: 01/29/2021)

Jan. 29, 2021

Jan. 29, 2021

Clearinghouse
50

APPLICATION for Admission of Joel J. Ramirez Pro Hac Vice (Application fee $ 150, receipt number AGANDC-10680088).by Fair Fight, Inc., Jane Doe, John Doe. (Lawrence, Allegra) Documents for this entry are not available for viewing outside the courthouse. (Entered: 02/02/2021)

Feb. 2, 2021

Feb. 2, 2021

51

ORDER granting 50 Application for Admission Pro Hac Vice for Joel J. Ramirez. Signed by Judge Steve C. Jones on 2/5/2021. If the applicant does not have CM/ECF access in the Northern District of Georgia already, they must request access at http://pacer.gov. If they have electronically filed in this district in a previous case, please omit this step.(rjs) (Entered: 02/05/2021)

Feb. 5, 2021

Feb. 5, 2021

APPROVAL by Clerks Office re: 50 APPLICATION for Admission of Joel J. Ramirez Pro Hac Vice (Application fee $ 150, receipt number AGANDC-10680088). Attorney Joel J. Ramirez added appearing on behalf of Fair Fight, Inc., Fair Fight, Inc. (cdg)

Feb. 5, 2021

Feb. 5, 2021

Approval of Application for Admission Pro Hac Vice

Feb. 5, 2021

Feb. 5, 2021

Clerks Certificate of Mailing

Feb. 5, 2021

Feb. 5, 2021

Clerk's Certificate of Mailing to Joel J. Ramirez re 51 Order on Application for Admission PHV. (rjs)

Feb. 5, 2021

Feb. 5, 2021

52

NOTICE by James Cooper, Mark Davis, Catherine Engelbrecht, Ron Johnson, Derek Somerville, True the Vote, True the Vote, Inc., Mark Williams of Withdrawal of Counsel Robert Citak Only (Smith, Ray) (Entered: 02/08/2021)

Feb. 8, 2021

Feb. 8, 2021

Clearinghouse
53

Initial Disclosures by James Cooper, Mark Davis, Catherine Engelbrecht, Ron Johnson, Derek Somerville, True the Vote, Inc., Mark Williams. (Attachments: # 1 Exhibit)(Smith, Ray) (Entered: 02/08/2021)

1 Exhibit

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Feb. 8, 2021

Feb. 8, 2021

Clearinghouse
54

JOINT PRELIMINARY REPORT AND DISCOVERY PLAN filed by Fair Fight, Inc., Jane Doe, John Doe. (Attachments: # 1 Exhibit Rule 26(f) Jurisdictional Statement)(Nkwonta, Uzoma) (Entered: 02/08/2021)

1 Exhibit Rule 26(f) Jurisdictional Statement

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Feb. 8, 2021

Feb. 8, 2021

Clearinghouse
55

Initial Disclosures by Fair Fight, Inc., Jane Doe, John Doe.(Nkwonta, Uzoma) (Entered: 02/08/2021)

Feb. 8, 2021

Feb. 8, 2021

Clearinghouse
56

MOTION for Extension of Time re: 48 MOTION to Dismiss by James Cooper, Mark Davis, Catherine Engelbrecht, Ron Johnson, Derek Somerville, True the Vote, Inc., Mark Williams. (Attachments: # 1 Text of Proposed Order)(Smith, Ray) (Entered: 02/09/2021)

1 Text of Proposed Order

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Feb. 9, 2021

Feb. 9, 2021

Clearinghouse
57

ORDER granting in part 56 Motion for Extension of Time. Defendants' Response in Opposition to the Motion to Dismiss Defendants' Counterclaims is due on or before March 5, 2021. Signed by Judge Steve C. Jones on 2/10/2021. (rjs) (Entered: 02/10/2021)

Feb. 10, 2021

Feb. 10, 2021

Clearinghouse
58

CERTIFICATE OF SERVICE of Discovery Materials by Fair Fight, Inc., Jane Doe, John Doe.(Nkwonta, Uzoma) (Entered: 02/10/2021)

Feb. 10, 2021

Feb. 10, 2021

Clearinghouse
59

CERTIFICATE OF SERVICE of Discovery Materials by James Cooper, Mark Davis, Catherine Engelbrecht, Ron Johnson, Derek Somerville, True the Vote, Inc., Mark Williams.(Smith, Ray) (Entered: 02/19/2021)

Feb. 19, 2021

Feb. 19, 2021

RECAP
60

NOTICE by James Cooper, Mark Davis, Catherine Engelbrecht, Ron Johnson, Derek Somerville, True the Vote, True the Vote, Inc., Mark Williams (Attachments: # 1 Exhibit 1)(Smith, Ray) (Entered: 02/23/2021)

1 Exhibit 1

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Feb. 23, 2021

Feb. 23, 2021

Clearinghouse
61

NOTICE by James Cooper, Mark Davis, Catherine Engelbrecht, Ron Johnson, Derek Somerville, True the Vote, True the Vote, Inc., Mark Williams (Attachments: # 1 Exhibit 1)(Smith, Ray) (Entered: 02/23/2021)

1 Exhibit 1

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Feb. 23, 2021

Feb. 23, 2021

Clearinghouse
62

CERTIFICATE OF SERVICE of Discovery Materials by Fair Fight, Inc., Jane Doe, John Doe.(Nkwonta, Uzoma) (Entered: 03/02/2021)

March 2, 2021

March 2, 2021

Clearinghouse
63

CERTIFICATE OF SERVICE of Discovery Materials by Fair Fight, Inc., Jane Doe, John Doe.(Nkwonta, Uzoma) (Entered: 03/04/2021)

March 4, 2021

March 4, 2021

Clearinghouse
64

RESPONSE in Opposition re 48 MOTION to Dismiss Defendants' Counterclaims filed by James Cooper, James Cooper, Mark Davis, Mark Davis, Catherine Engelbrecht, Catherine Engelbrecht, Ron Johnson, Ron Johnson, Derek Somerville, Derek Somerville, True the Vote, True the Vote, Inc., True the Vote, Inc., Mark Williams, Mark Williams. (Smith, Ray) (Entered: 03/05/2021)

March 5, 2021

March 5, 2021

Clearinghouse
65

CERTIFICATE OF SERVICE of Discovery Materials by Fair Fight, Inc., Jane Doe, John Doe.(Nkwonta, Uzoma) (Entered: 03/09/2021)

March 9, 2021

March 9, 2021

Clearinghouse
66

Consent MOTION for Leave to File First Amended Complaint by Fair Fight, Inc., Jane Doe, John Doe. (Attachments: # 1 Exhibit A - First Amended Complaint, # 2 Exhibit 1 to First Amended Complaint, # 3 Exhibit 2 to First Amended Complaint, # 4 Exhibit 3 to First Amended Complaint, # 5 Exhibit 4 to First Amended Complaint, # 6 Exhibit 5 to First Amended Complaint, # 7 Exhibit 6 to First Amended Complaint, # 8 Exhibit 7 to First Amended Complaint, # 9 Exhibit 8 to First Amended Complaint, # 10 Text of Proposed Order)(Nkwonta, Uzoma) (Entered: 03/10/2021)

1 Exhibit A - First Amended Complaint

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2 Exhibit 1 to First Amended Complaint

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3 Exhibit 2 to First Amended Complaint

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4 Exhibit 3 to First Amended Complaint

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5 Exhibit 4 to First Amended Complaint

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6 Exhibit 5 to First Amended Complaint

View on RECAP

7 Exhibit 6 to First Amended Complaint

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8 Exhibit 7 to First Amended Complaint

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9 Exhibit 8 to First Amended Complaint

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10 Text of Proposed Order

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March 10, 2021

March 10, 2021

Clearinghouse
67

ELEVENTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONAVIRUS. Signed by Judge Thomas W. Thrash, Jr. on 03/09/2021 (dgs) (ADI) (Entered: 03/10/2021)

March 10, 2021

March 10, 2021

Clearinghouse
68

CERTIFICATE OF SERVICE of Discovery Materials by Non-Party Carloline Jefferds by Carloline Jefferds.(Smith, Ray) (Entered: 03/11/2021)

March 11, 2021

March 11, 2021

RECAP

Case Details

State / Territory:

Georgia

Case Type(s):

Election/Voting Rights

Special Collection(s):

Law Firm Antiracism Alliance (LFAA) project

Key Dates

Filing Date: Dec. 23, 2020

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

voting rights protection nonprofit and individuals impacted by challenges to their voter registration

Attorney Organizations:

Perkins Coie

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

True the Vote, Inc. (Texas), Non-profit or advocacy

Catherine Engelbrecht (Texas), Private Entity/Person

Derek Somerville (Forsyth), Private Entity/Person

Mark Davis (Gwinnett), Private Entity/Person

Mark Williams (Gwinnett), Private Entity/Person

Ron Johnson (Jackson), Private Entity/Person

James Cooper (Walton), Private Entity/Person

John Does 1-10, Private Entity/Person

Case Details

Causes of Action:

Voting Rights Act, unspecified, 52 U.S.C. § 10301 et seq (previously 42 U.S.C § 1973 et seq.)

Other Dockets:

Northern District of Georgia 2:20-cv-00302

U.S. Court of Appeals for the Eleventh Circuit 24-10372

Available Documents:

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: None Yet / None

Relief Sought:

Declaratory judgment

Injunction

Relief Granted:

None yet

Source of Relief:

None yet

Issues

Voting:

Voting: General & Misc.