Case: Cordero v. Kisner

3:20-cv-02195 | U.S. District Court for the District of South Carolina

Filed Date: April 16, 2020

Closed Date: Sept. 28, 2020

Clearinghouse coding complete

Case Summary

On April 16, 2020, the plaintiff, the Chairman of the Democratic Black Caucus of South Carolina, commenced this action pro se in the Richland County Court of Common Pleas for the Fifth Judicial Circuit of South Carolina. He filed suit against the Richland County Democratic Party, the Chair of the Richland County Democratic Party, the South Carolina Democratic Party, and the Chair of the South Carolina Democratic Party. The plaintiff alleged that the Democratic Party’s plan to hold county conven…

On April 16, 2020, the plaintiff, the Chairman of the Democratic Black Caucus of South Carolina, commenced this action pro se in the Richland County Court of Common Pleas for the Fifth Judicial Circuit of South Carolina. He filed suit against the Richland County Democratic Party, the Chair of the Richland County Democratic Party, the South Carolina Democratic Party, and the Chair of the South Carolina Democratic Party. The plaintiff alleged that the Democratic Party’s plan to hold county conventions remotely during the COVID-19 pandemic through “teleconventions” and mail-in ballots after the statutory deadline violated South Carolina election law, party rules, and federal voting-rights protections. The plaintiff filed suit under SC 7-9-70 (which requires that a county convention be held before March 31 of an election year) and Section 2 of the Voting Rights Act. He sought a jury trial, declaratory, and injunctive relief. 

On June 9, 2020, the court removed the action to the District of South Carolina asserting subject matter jurisdiction based on plaintiff’s references to deprivation of rights secured by the U.S. Constitution and asserting supplemental jurisdiction over plaintiff’s single state law claim because it relates to the plaintiff’s claims made under federal law.

On June 16, 2020, the defendants filed a motion to dismiss based on plaintiff’s failure to state facts that would show state action or any violation of the federal Voting Rights Act or any violation of plaintiff’s constitutional rights.

On September 2, 2020, the court issued an order that adopted the recommendation of the United States Magistrate Judge Gossett that stated that the defendants’ motion should be granted as to plaintiff’s federal claims and the case should be remanded to the Richland County Court of Common Pleas to resolve the remaining state law claims.

On September 25, 2020, the court issued an order upholding its decision to remand the remaining state law claims. On September 28, 2020, the court filed a judgment stating that the court recommends that summary judgment be granted on plaintiff’s federal claims and the remaining state law claims be remanded.

Seemingly, this case is now closed.

Summary Authors

Leilani Argersinger (4/10/2026)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/18407150/parties/cordero-v-kisner/


Judge(s)

Anderson, Joseph Fletcher (South Carolina)

Attorney for Plaintiff

Cordero, Johnnie (South Carolina)

Attorney for Defendant

LeFever, Grant Burnette (South Carolina)

Shutt, Nekki (South Carolina)

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Documents in the Clearinghouse

Document
1

3:20-cv-02195

Notice of Removal

June 9, 2020

June 9, 2020

Other
1-2

3:20-cv-02195

Complaint for Declaratory and Injunctive Relief Pursuant to SC Code

June 9, 2020

June 9, 2020

Complaint
9

3:20-cv-02195

Defendants' Notice of Motion and Motion to Dismiss Pursuant to Rule 12(b)(6)

June 16, 2020

June 16, 2020

Pleading / Motion / Brief
34

3:20-cv-02195

Order and Report and Recommendation

Sept. 2, 2020

Sept. 2, 2020

Order/Opinion
40

3:20-cv-02195

Order

Sept. 25, 2020

Sept. 25, 2020

Order/Opinion
45

3:20-cv-02195

Judgment in a Civil Action

Sept. 28, 2020

Sept. 28, 2020

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/18407150/cordero-v-kisner/

Last updated May 8, 2026, 1:46 p.m.

ECF Number Description Date Link Date / Link
1

NOTICE OF REMOVAL from Richland County Common Pleas, case number 2020-cp-40-01980. (Filing fee $ 400 receipt number 0420-9147855), filed by Trav Robertson, Jr., The South Carolina Democratic Party, Matthew Kisner, The Richland County Democratic Party. (Attachments: # 1 Exhibit 1 - Consent to Removal, # 2 Exhibit 2 - Complaint, # 3 Exhibit 3 - Amended Complaint, # 4 Exhibit 4 - Extension of Time) (mmcd) (Entered: 06/11/2020)

1 Exhibit 1 - Consent to Removal

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2 Exhibit 2 - Complaint

View on Clearinghouse

3 Exhibit 3 - Amended Complaint

View on PACER

4 Exhibit 4 - Extension of Time

View on PACER

June 9, 2020

June 9, 2020

Clearinghouse
3

Local Rule 26.01 Answers to Interrogatories by Matthew Kisner, Trav Robertson, Jr., The Richland County Democratic Party, The South Carolina Democratic Party. (mmcd) (Entered: 06/11/2020)

June 9, 2020

June 9, 2020

5

ORDER directing plaintiff to notify Clerk in writing of any address changes. (Answer to LR26.01 Interrogatories due by 7/6/2020. Response to 1 at 3 Motion due by 6/17/2020. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45.) Signed by Magistrate Judge Paige J. Gossett on 6/11/2020. (mmcd) (Entered: 06/12/2020)

June 12, 2020

June 12, 2020

6

***DOCUMENTS MAILED 5 Order and blank Rule 26.01 Interrogatories form placed in U.S. Mail from Columbia Clerks Office to Johnnie Cordero Medium 4204 Mandel Drive Columbia, SC 29210. (mmcd) (Entered: 06/12/2020)

June 12, 2020

June 12, 2020

7

CERTIFICATE OF SERVICE by Matthew Kisner, Richland County Democratic Party, The, Trav Robertson, Jr., South Carolina Democratic Party, The re 1 Notice of Removal, (Shutt, Nekki) (Entered: 06/15/2020)

June 15, 2020

June 15, 2020

8

CERTIFICATE OF SERVICE by Matthew Kisner, Richland County Democratic Party, The, Trav Robertson, Jr., South Carolina Democratic Party, The re 3 Local Rule 26.01 Answers to Interrogatories (Shutt, Nekki) (Entered: 06/15/2020)

June 15, 2020

June 15, 2020

9

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Matthew Kisner, Richland County Democratic Party, The, Trav Robertson, Jr., South Carolina Democratic Party, The. Response to Motion due by 6/30/2020. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Memo in Support)No proposed order.Motions referred to Paige J Gossett.(LeFever, Grant) (Entered: 06/16/2020)

1 Memo in Support

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June 16, 2020

June 16, 2020

Clearinghouse
10

ROSEBORO ORDER directing clerk to forward summary judgment explanation to the opposing party and directing that party to respond in 31 days. Response due to 9 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by 7/20/2020. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. Signed by Magistrate Judge Paige J. Gossett on 6/17/2020. (mmcd) (Entered: 06/17/2020)

June 17, 2020

June 17, 2020

11

CERTIFICATE OF SERVICE by Matthew Kisner, Richland County Democratic Party, The, Trav Robertson, Jr., South Carolina Democratic Party, The re 9 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Shutt, Nekki) (Entered: 06/17/2020)

June 17, 2020

June 17, 2020

12

OBJECTIONS by Matthew Kisner, Richland County Democratic Party, The, Trav Robertson, Jr., South Carolina Democratic Party, The to 1 Notice of Removal,. (LeFever, Grant) (Additional attachment(s) added on 6/18/2020: # 1 Certificate of Service provided by filing user) (mmcd). (Entered: 06/17/2020)

June 17, 2020

June 17, 2020

13

***DOCUMENT MAILED 10 Roseboro Order placed in U.S. Mail from Columbia Clerks Office to Johnnie Cordero 4204 Mandel Drive Columbia, SC 29210. (mmcd) (Entered: 06/18/2020)

June 18, 2020

June 18, 2020

14

SCHEDULING ORDER Motions to Amend Pleadings due by 7/16/2020, Discovery due by 10/14/2020, and Motions due by 11/13/2020. Signed by Magistrate Judge Paige J. Gossett on 6/18/2020. (mmcd) (Entered: 06/18/2020)

June 18, 2020

June 18, 2020

15

***DOCUMENT MAILED 14 Scheduling Order placed in U.S. Mail from Columbia Clerks Office to Johnnie Cordero 4204 Mandel Drive Columbia, SC 29210 (mmcd) (Entered: 06/18/2020)

June 18, 2020

June 18, 2020

16

Local Rule 26.01 Answers to Interrogatories by Johnnie Cordero. (Attachments: # 1 Envelope) (mmcd) (Entered: 06/19/2020)

June 19, 2020

June 19, 2020

18

MOTION to Reassign Case by Johnnie Cordero. Response to Motion due by 7/20/2020. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Envelope)Motions referred to Paige J. Gossett. (mmcd) Modified on 7/7/2020 to edit docket text (mmcd). Modified on 8/28/2020 to change event type and edit docket text (mmcd). Supplement added on 8/20/2020 at 29 (mmcd). Modified on 9/1/2020 to edit docket text (mmcd). (Entered: 07/06/2020)

July 6, 2020

July 6, 2020

20

RESPONSE in Opposition re 9 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Response filed by Johnnie Cordero.Reply to Response to Motion due by 7/27/2020. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: # 1 Envelope) (mmcd) (Entered: 07/20/2020)

July 20, 2020

July 20, 2020

21

RESPONSE in Opposition re 18 MOTION Request for Randon Case Reassignment Response filed by Matthew Kisner, Richland County Democratic Party, The, Trav Robertson, Jr., South Carolina Democratic Party, The.Reply to Response to Motion due by 7/27/2020 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: # 1 Certificate of Service)(LeFever, Grant) (Entered: 07/20/2020)

July 20, 2020

July 20, 2020

22

MOTION for Compulsory Joinder by Johnnie Cordero. Response to Motion due by 8/5/2020. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Envelope)Motions referred to Paige J. Gossett. (mmcd) (Entered: 07/22/2020)

July 22, 2020

July 22, 2020

23

REPLY by Matthew Kisner, Richland County Democratic Party, The, Trav Robertson, Jr., South Carolina Democratic Party, The . (Attachments: # 1 Certificate of Service on SC Attorney General, # 2 Supporting Documents Letter to SC Attorney General)(LeFever, Grant) (Entered: 07/27/2020)

July 27, 2020

July 27, 2020

24

REPLY to Response to Motion re 9 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Response filed by Matthew Kisner, Richland County Democratic Party, The, Trav Robertson, Jr., South Carolina Democratic Party, The. (Attachments: # 1 Certificate of Service)(LeFever, Grant) (Entered: 07/27/2020)

July 27, 2020

July 27, 2020

25

REPLY to 21 Response to Motion re 18 MOTION Request for Random Case Reassignment Response filed by Johnnie Cordero. (Attachments: # 1 Envelope) (mmcd) (Entered: 07/29/2020)

July 29, 2020

July 29, 2020

26

RESPONSE in Opposition re 22 MOTION for Joinder Response filed by Matthew Kisner, Richland County Democratic Party, The, Trav Robertson, Jr., South Carolina Democratic Party, The.Reply to Response to Motion due by 8/12/2020 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: # 1 Certificate of Service)(LeFever, Grant) (Entered: 08/05/2020)

Aug. 5, 2020

Aug. 5, 2020

27

MOTION to Strike 24 Reply to 20 Response to 9 Motion, by Johnnie Cordero. Response to Motion due by 8/20/2020. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Envelope)Motions referred to Paige J. Gossett. (mmcd) (Entered: 08/06/2020)

Aug. 6, 2020

Aug. 6, 2020

28

REPLY to Response to Motion re 22 MOTION for Joinder Response filed by Johnnie Cordero. (Attachments: # 1 Certificate of Service, # 2 Envelope) (mmcd) (Entered: 08/17/2020)

Aug. 17, 2020

Aug. 17, 2020

29

SUPPLEMENT by Johnnie Cordero to 18 MOTION to Reassign Case. (Attachments: # 1 Envelope) Refiled to correct event type.(mmcd) Modified on 8/28/2020 to correct document number. (mmcd). (Entered: 08/28/2020)

Aug. 20, 2020

Aug. 20, 2020

30

RESPONSE in Opposition re 27 MOTION to Strike 24 Reply to Response to Motion, Response filed by Matthew Kisner, Richland County Democratic Party, The, Trav Robertson, Jr., South Carolina Democratic Party, The.Reply to Response to Motion due by 8/27/2020 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: # 1 Certificate of Service on Plaintiff)(LeFever, Grant) (Entered: 08/20/2020)

Aug. 20, 2020

Aug. 20, 2020

31

MOTION for issuance of Subpoena by Johnnie Cordero. Response to Motion due by 9/4/2020. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Certificate of Service, # 2 Envelope)Motions referred to Paige J. Gossett. (mmcd) (Entered: 08/21/2020)

Aug. 21, 2020

Aug. 21, 2020

34

ORDER AND REPORT AND RECOMMENDATION recommending the Defendant's 9 motion to dismiss be granted as to Cordero's federal claims. It is further recommended that the court exercise its discretion to remand Cordero's state law claims to the Richland County Court of Common Pleas. It is ORDERED that Cordero's 22 motion for compulsory joinder, 27 motion to strike, and 31 motion for issuance of subpoena are denied as moot. (Objections to R&R due by 9/16/2020. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45.). Signed by Magistrate Judge Paige J. Gossett on 9/1/2020. (mmcd) (Entered: 09/02/2020)

Sept. 2, 2020

Sept. 2, 2020

Clearinghouse
35

***DOCUMENT MAILED 34 Order and Report and Recommendation placed in U.S. Mail from Columbia Clerks Office to Johnnie Cordero 4204 Mandel Drive Columbia, SC 29210. (mmcd) (Entered: 09/02/2020)

Sept. 2, 2020

Sept. 2, 2020

37

OBJECTION to 34 Report and Recommendation by All Defendants. Reply to Objections due by 9/30/2020 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: # 1 Certificate of Service)(LeFever, Grant) (Entered: 09/16/2020)

Sept. 16, 2020

Sept. 16, 2020

38

OBJECTION to 34 Report and Recommendation by Johnnie Cordero. Reply to Objections due by 10/2/2020. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: # 1 Envelope) (lbak) (Entered: 09/18/2020)

Sept. 18, 2020

Sept. 18, 2020

39

ORDER denying 18 Motion for Request for Random Case Reassignment. Signed by Honorable Joseph F Anderson, Jr on 9/25/20.(mflo, ) (Entered: 09/25/2020)

Sept. 25, 2020

Sept. 25, 2020

40

ORDER adopting 34 Report and Recommendation ; granting in part as to Plaintiff's two federal law claims 9 Motion to Dismiss for Failure to State a Claim. Plaintiff's remaining state law claims are remanded to the Richland County Court of Common Pleas. Plaintiff and defendants/counsel in this case are responsible for supplementing the state court record with all documents filed in Federal Court. Signed by Honorable Joseph F Anderson, Jr on 9/25/20.(mflo, ) (Entered: 09/25/2020)

Sept. 25, 2020

Sept. 25, 2020

Clearinghouse
41

***DOCUMENT E-MAILED 40 Order on Report and Recommendation, Order on Motion to Dismiss for Failure to State a Claim,, to mcbridej@rcgov.us Clerk of Richland County Court of Common Pleas. (mflo, ) (Entered: 09/25/2020)

Sept. 25, 2020

Sept. 25, 2020

42

***DOCUMENT MAILED 40 Order on Report and Recommendation, Order on Motion to Dismiss for Failure to State a Claim,, placed in U.S. Mail from Columbia Clerks Office to Jeanette W. McBride, Clerk Richland County Court of Common Pleas PO Box 2766 Columbia, SC 29202-2766 (mflo, ) (Entered: 09/25/2020)

Sept. 25, 2020

Sept. 25, 2020

43

***DOCUMENT MAILED 40 Order on Report and Recommendation, Order on Motion to Dismiss for Failure to State a Claim, 39 Order on Motion to Reassign Case, 41 Document E-Mailed placed in U.S. Mail from Columbia Clerks Office to Johnnie Cordero 4204 Mandel Drive Columbia, SC 29210 (mflo, ) (Entered: 09/25/2020)

Sept. 25, 2020

Sept. 25, 2020

45

JUDGMENT in favor of Richland County Democratic Party, The, South Carolina Democratic Party, The, Matthew Kisner, Trav Robertson, Jr. against Johnnie Cordero. IT IS ORDERED AND ADJUDGED that plaintiff, Johnnie Cordero, shall take nothing of the defendants on the claims of 42 U.S.C. § 1983 and the Voting Rights Act of 1965, 52 U.S.C. §§ 10101, et seq.. The court remands the remaining state law claims to Richland County Court of Common Pleas and this case is dismissed. (mflo, ) (Entered: 09/28/2020)

Sept. 28, 2020

Sept. 28, 2020

Clearinghouse
46

***DOCUMENT MAILED 45 Judgment, placed in U.S. Mail from Columbia Clerks Office to Johnnie Cordero 4204 Mandel Drive Columbia, SC 29210 (mflo, ) (Entered: 09/28/2020)

Sept. 28, 2020

Sept. 28, 2020

Case Details

State / Territory:

South Carolina

Case Type(s):

Election/Voting Rights

Special Collection(s):

Law Firm Antiracism Alliance (LFAA) project

Key Dates

Filing Date: April 16, 2020

Closing Date: Sept. 28, 2020

Case Ongoing: No reason to think so

Plaintiffs

Plaintiff Description:

Chairman of the Black Caucus of the Democratic Party of South Carolina

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: Yes

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

County

Richland County Democratic Party

Political Party

The South Carolina Democratic Party

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

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

Other Dockets:

District of South Carolina 3:20-cv-02195

Available Documents:

Any published opinion

Complaint (any)

Findings Letter/Report

Trial Court Docket

Outcome

Prevailing Party: Defendant

Relief Granted:

None

Source of Relief:

None

Issues

Voting:

Election administration

Voting: General & Misc.

Voting: Physical/Effective Access

Recommended Citation