Case: League of Women Voters v. Andino

2:20-cv-03537 | U.S. District Court for the District of South Carolina

Filed Date: Oct. 2, 2020

Closed Date: April 23, 2021

Clearinghouse coding complete

Case Summary

A case summary is not yet available via the Clearinghouse.

Summary Authors

John Hood (6/9/2026)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/18539766/parties/league-of-women-voters-of-south-carolina-v-andino/


Judge(s)
Attorney for Plaintiff

Amirfar, Catherine (South Carolina)

Dunn, Susan King (South Carolina)

Attorney for Defendant

Carroll, Matthew Todd (South Carolina)

Crum, Mary Elizabeth (South Carolina)

Expert/Monitor/Master/Other

Elias, Marc Erik (South Carolina)

Documents in the Clearinghouse

Documents in this case
1

2:20-cv-03537

Complaint

Oct. 2, 2020

Oct. 2, 2020

Complaint
14

2:20-cv-03537

Motion to Intervene By Speaker Lucas and President Peeler

Oct. 9, 2020

Oct. 9, 2020

Pleading / Motion / Brief
20

2:20-cv-03537

Amended Complaint

Oct. 9, 2020

Oct. 9, 2020

Complaint
21

2:20-cv-03537

Plaintiffs' Motion for Preliminary Injunction

Oct. 9, 2020

Oct. 9, 2020

Pleading / Motion / Brief
21-1

2:20-cv-03537

Memorandum of Law in Support of Plaintiffs' Motion for Preliminary Injunction

Oct. 9, 2020

Oct. 9, 2020

Pleading / Motion / Brief
29

2:20-cv-03537

Plaintiffs' Memorandum of Law In Opposition to Motions to Intervene

Oct. 13, 2020

Oct. 13, 2020

Pleading / Motion / Brief
37

2:20-cv-03537

Reply in Support of Motion to Intervene

Oct. 14, 2020

Oct. 14, 2020

Pleading / Motion / Brief
39

2:20-cv-03537

Order

Oct. 14, 2020

Oct. 14, 2020

Order/Opinion
46

2:20-cv-03537

Response In Opposition to Plaintiffs’ Motion for Preliminary Injunction and Opposition to Plaintiffs’ Second Motion to Amend Complaint

Oct. 16, 2020

Oct. 16, 2020

Pleading / Motion / Brief
48

State Election Commission Defendants' Opposition to Motion for Preliminary Injunction

Oct. 16, 2020

Oct. 16, 2020

Pleading / Motion / Brief

Docket

See docket on RECAP: https://www.courtlistener.com/docket/18539766/league-of-women-voters-of-south-carolina-v-andino/

Last updated Oct. 31, 2026, 6:18 a.m.

Docket for: League of Women Voters of South Carolina v. Andino
ECF Number Date Description Link
1 Oct. 2, 2020

COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0420-9384825.), filed by George Hopkins, Family Unit Inc, The, League of Women Voters of South Carolina. Service due by 12/31/2020(asni, ) (Entered: 10/07/2020)

Clearinghouse
2 Oct. 2, 2020

Local Rule 26.01 Answers to Interrogatories by Family Unit Inc, The, George Hopkins, League of Women Voters of South Carolina.(asni, ) (Entered: 10/07/2020)

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3 Oct. 7, 2020

Summons Issued as to Marci Andino. (asni, ) (Entered: 10/07/2020)

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4 Oct. 7, 2020

Summons Issued as to Howard M Knapp. (asni, ) (Entered: 10/07/2020)

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5 Oct. 7, 2020

Summons Issued as to John Wells. (asni, ) (Entered: 10/07/2020)

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6 Oct. 7, 2020

Summons Issued as to JoAnne Day. (asni, ) (Entered: 10/07/2020)

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7 Oct. 7, 2020

Summons Issued as to Clifford J Edler. (asni, ) (Entered: 10/07/2020)

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8 Oct. 7, 2020

Summons Issued as to Linda McCall. (asni, ) (Entered: 10/07/2020)

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9 Oct. 7, 2020

Summons Issued as to Scott Moseley. (asni, ) (Entered: 10/07/2020)

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11 Oct. 9, 2020

Case Reassigned to Judge Honorable Richard M Gergel. Judge Honorable J Michelle Childs no longer assigned to the case. Determined that this case is not related to 3:20-1730 or 3:20-1552. (glev, ) (Entered: 10/09/2020)

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12 Oct. 9, 2020

NOTICE of Appearance by Susan Pedrick McWilliams on behalf of James H. (Jay) Lucas (McWilliams, Susan) (Entered: 10/09/2020)

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13 Oct. 9, 2020

NOTICE of Appearance by Mark Carroll Moore on behalf of James H. (Jay) Lucas (Moore, Mark) (Entered: 10/09/2020)

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14 Oct. 9, 2020

MOTION to Intervene by Speaker Lucas and President Peeler by James H. (Jay) Lucas. Response to Motion due by 10/23/2020. 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. No proposed order.(McWilliams, Susan) (Entered: 10/09/2020)

Clearinghouse
15 Oct. 9, 2020

NOTICE of Appearance by Matthew Todd Carroll on behalf of Harvey Peeler (Carroll, Matthew) (Entered: 10/09/2020)

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16 Oct. 9, 2020

MOTION to Appear Pro Hac Vice by John Michael Powers ( Filing fee $ 350 receipt number 0420-9398831) by Family Unit Inc, The, George Hopkins, League of Women Voters of South Carolina. Response to Motion due by 10/23/2020. 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 Affidavit Application to appear PHV, # 2 Exhibit Certificate of Good Standing)No proposed order.(Dunn, Susan) (Entered: 10/09/2020)

1 Affidavit Application to appear PHV

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2 Exhibit Certificate of Good Standing

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17 Oct. 9, 2020

NOTICE of Appearance by William Grayson Lambert on behalf of Marci Andino, JoAnne Day, Clifford J Edler, Linda McCall, Scott Moseley (Lambert, William) (Entered: 10/09/2020)

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18 Oct. 9, 2020

NOTICE of Appearance by Mary Elizabeth Crum on behalf of Marci Andino, JoAnne Day, Clifford J Edler, Linda McCall, Scott Moseley, John Wells (Crum, Mary) (Entered: 10/09/2020)

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19 Oct. 9, 2020

NOTICE of Appearance by Jane W Trinkley on behalf of Marci Andino, JoAnne Day, Clifford J Edler, Linda McCall, Scott Moseley, John Wells (Trinkley, Jane) (Entered: 10/09/2020)

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20 Oct. 9, 2020

AMENDED COMPLAINT against All Defendants, filed by George Hopkins, Family Unit Inc, The, League of Women Voters of South Carolina, Albertus Clea. Service due by 1/7/2021 (Dunn, Susan) Modified on 10/13/2020 to include filer not added at time of filing(sshe, ). (Entered: 10/09/2020)

Clearinghouse
21 Oct. 9, 2020

MOTION for Preliminary Injunction by Family Unit Inc, The, George Hopkins, League of Women Voters of South Carolina, Albertus Clea. Response to Motion due by 10/23/2020. 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 Memorandum in support of motion for preliminary injunction, # 2 Exhibit Declaration of Michael McDonald, # 3 Supporting Documents Resume of McDonald, # 4 Exhibit Declaration of George Hopkins, # 5 Exhibit Declaration of Albertus Clea, # 6 Exhibit Declaration of LWV of SC, # 7 Exhibit Declaration of Family Unit, # 8 Supporting Documents Emails from Jefferson, # 9 Supporting Documents Chart of rejected Absentee ballots)No proposed order.(Dunn, Susan) Modified on 10/13/2020 to add party as filer(sshe, ). (Entered: 10/09/2020)

1 Memo in Support Memorandum in support of motion for preliminary injunction

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2 Exhibit Declaration of Michael McDonald

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3 Supporting Documents Resume of McDonald

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4 Exhibit Declaration of George Hopkins

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5 Exhibit Declaration of Albertus Clea

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6 Exhibit Declaration of LWV of SC

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7 Exhibit Declaration of Family Unit

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8 Supporting Documents Emails from Jefferson

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9 Supporting Documents Chart of rejected Absentee ballots

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Clearinghouse
22 Oct. 9, 2020

MOTION to Expedite by Family Unit Inc, The, George Hopkins, League of Women Voters of South Carolina, Albertus Clea. Response to Motion due by 10/23/2020. 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 Memo in support of Motion to expedite)No proposed order.(Dunn, Susan) Modified on 10/13/2020 to add party as filer(sshe, ). (Entered: 10/09/2020)

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23 Oct. 12, 2020

TEXT ORDER: Plaintiffs have filed a motion for preliminary injunction (Dkt. No. 21). The time for defendants to respond has been shortened to 10/16/20. AND IT IS SO ORDERED. Entered at the direction of the Honorable Richard M Gergel on 10/12/20. (ltap, ) (Entered: 10/12/2020)

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24 Oct. 12, 2020

TEXT ORDER: By earlier order, the Court shortened the time for Defendants to file their response to Plaintiffs motion for preliminary injunction to 10/16/20. (Dkt No. 23). Plaintiffs may file a reply to Defendants response on or before noon on 10/19/20. The Court will conduct a hearing on Plaintiffs motion for a preliminary injunction on 10/21/20 at 11:00 a.m. via telephone conference. AND IT IS SO ORDERED. Entered at the Direction of the Honorable Richard M Gergel on 10/12/20. (ltap, ) (Entered: 10/12/2020)

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25 Oct. 12, 2020

NOTICE of Hearing on 21 MOTION for Preliminary Injunction : Motion Hearing set for 10/21/2020 at 11:00 AM before Honorable Richard M Gergel. Court Staff needed. The Court will provide call-in instructions.(ltap, ) (Entered: 10/12/2020)

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26 Oct. 13, 2020

MOTION to Appear Pro Hac Vice by Catherine Amirfar ( Filing fee $ 350 receipt number 0420-9402508) by Family Unit Inc, The, George Hopkins, League of Women Voters of South Carolina. Response to Motion due by 10/27/2020. 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 Affidavit Application to appear PHV, # 2 Exhibit Certificate of Good Standing)No proposed order.(Dunn, Susan) (Entered: 10/13/2020)

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27 Oct. 13, 2020

MOTION to Appear Pro Hac Vice by Tara Ganapathy ( Filing fee $ 350 receipt number 0420-9402521) by Family Unit Inc, The, George Hopkins, League of Women Voters of South Carolina. Response to Motion due by 10/27/2020. 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 Affidavit Application to appear PHV, # 2 Exhibit Certificate of Good Standing)No proposed order.(Dunn, Susan) (Entered: 10/13/2020)

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29 Oct. 13, 2020

RESPONSE in Opposition re 14 MOTION to Intervene by Speaker Lucas and President Peeler Response filed by Albertus Clea, Family Unit Inc, The, George Hopkins, League of Women Voters of South Carolina.Reply to Response to Motion due by 10/20/2020 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Dunn, Susan) (Entered: 10/13/2020)

Clearinghouse
31 Oct. 14, 2020

MOTION for Leave to File Amicus Brief by Alan Wilson. Response to Motion due by 10/28/2020. 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. No proposed order.(Smith, James) Modified on 10/14/2020 to reference 36 Additional Attachments filed 10/14/2020(sshe, ). (Entered: 10/14/2020)

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32 Oct. 14, 2020

ORDER granting 16 Motion for John Michael Powers to Appear Pro Hac Vice for Family Unit Inc, The, George Hopkins, League of Women Voters of South Carolina. Signed by Honorable Richard M Gergel on 10/14/2020.(sshe, ) (Entered: 10/14/2020)

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33 Oct. 14, 2020

ORDER granting 26 Motion for Catherine Amirfar to Appear Pro Hac Vice for Family Unit Inc, The, George Hopkins, League of Women Voters of South Carolina. Signed by Honorable Richard M Gergel on 10/14/2020.(sshe, ) (Entered: 10/14/2020)

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34 Oct. 14, 2020

ORDER granting 27 Motion for Tara Ganapathy to Appear Pro Hac Vice for Family Unit Inc, The, George Hopkins, League of Women Voters of South Carolina. Signed by Honorable Richard M Gergel on 10/14/2020.(sshe, ) (Entered: 10/14/2020)

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36 Oct. 14, 2020

Additional Attachments to Main Document 31 MOTION for Leave to File Amicus Brief. First attachment description: Local Civ. Rule 7.04 Supplement . (Smith, James) (Entered: 10/14/2020)

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37 Oct. 14, 2020

REPLY to Response to Motion re 14 MOTION to Intervene by Speaker Lucas and President Peeler Response filed by James H. (Jay) Lucas, Harvey Peeler. (Carroll, Matthew) (Entered: 10/14/2020)

Clearinghouse
38 Oct. 14, 2020

TEXT ORDER: Alan Wilson, the Attorney General of South Carolina, has moved for leave to file an amicus brief regarding the Plaintiffs motion for preliminary injunction. (Dkt. No. 31). The Court is advised that the Plaintiffs do not oppose the motion. For good cause shown, the motion is granted. The Attorney General may file an amicus brief on or before 10/16/20. Plaintiffs may file a response by noon on 10/19/20. AND IT IS SO ORDERED. Entered at the direction of the Honorable Richard M Gergel on 10/14/20.(ltap, ) (Entered: 10/14/2020)

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39 Oct. 14, 2020

ORDER: The motion of Proposed Intervenors to intervene (Dkt. No. 14) is granted permissively, conditioned on compliance with the schedule previously set by the Court. Thus, Proposed Intervenors may file a memorandum in response to the Plaintiffs motion for preliminary injunction on or before October 16, 2020 and participate in oral argument set before the Court on October 21, 2020. AND IT IS SO ORDERED. Entered at the direction of the Honorable Richard M Gergel on 10/14/20.(ltap, ) (Entered: 10/14/2020)

Clearinghouse
40 Oct. 14, 2020

MOTION to Amend/Correct 20 Amended Complaint, by Albertus Clea, Family Unit Inc, The, George Hopkins, League of Women Voters of South Carolina. Response to Motion due by 10/28/2020. 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 Exhibit Proposed 2nd Amended Complaint, # 2 Exhibit Redline comparing 1st Amended Compaint with 2nd Amended Complaint)No proposed order.(Dunn, Susan) (Entered: 10/14/2020)

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41 Oct. 14, 2020

MOTION to Amend/Correct 21 MOTION for Preliminary Injunction by Albertus Clea, Family Unit Inc, The, George Hopkins, League of Women Voters of South Carolina. Response to Motion due by 10/28/2020. 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 Affidavit Declaration of Susan K. Dunn, # 2 Exhibit Emails relating to SEC 10-07-2020 directive, # 3 Affidavit Declaration of Herbert Buell, # 4 Exhibit Resume of Buell, # 5 Exhibit Report on Richland elections)No proposed order.(Dunn, Susan) (Entered: 10/14/2020)

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42 Oct. 15, 2020

TEXT ORDER: Plaintiffs have moved to file an amended complaint (Dkt. No. 40) and an amended motion for preliminary injunction. (Dkt. No. 41). The time for Defendants to respond to these motions is hereby shortened with responses due 10/16/20. Plaintiffs may file a reply on or before 10/19/20. Since FED. R. CIV. P. 15(a)(2) provides that the court should freely give leave [to amend] when justice so requires, parties should anticipate that the motions will be granted and the newly added materials should be addressed in responses and replies due on the Plaintiffs motion for preliminary injunction. AND IT IS SO ORDERED. Entered at the direction of the Honorable Richard M Gergel on 10/15/20. (ltap, ) (Entered: 10/15/2020)

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43 Oct. 16, 2020

MOTION for Leave to Appear as Amicus Curiae and Brief in Support of Plaintiffs' Motion for Preliminary Injunction by South Carolina Alliance for Retired Americans. Response to Motion due by 10/30/2020. 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 Exhibit Attorney Declaration of Thomas Tobin, # 2 Exhibit Declaration of Marc Meredith)No proposed order.(Tobin, Thomas) (Entered: 10/16/2020)

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44 Oct. 16, 2020

TEXT ORDER: The South Carolina Alliance of Retired Americans (Alliance) has moved for leave to file a brief amicus curiae. (Dkt. No. 43). The motion is granted so long as the brief is filed by the end of the day of 10/16/20 and parties may reply by 10/19/20. AND IT IS SO ORDERED. Entered at the direction of the Honorable Richard M Gergel on 10/16/20.(ltap, ) (Entered: 10/16/2020)

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45 Oct. 16, 2020

Amicus Curiae APPEARANCE entered by James Emory Smith, Jr on behalf of Alan Wilson. (Smith, James) (Entered: 10/16/2020)

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46 Oct. 16, 2020

RESPONSE in Opposition re 21 MOTION for Preliminary Injunction by Intervenor Defendants Response filed by James H. (Jay) Lucas.Reply to Response to Motion due by 10/23/2020 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (McWilliams, Susan) Modified on 10/21/2020 to reference 60 Supplement filed 10/20/2020(sshe, ). (Entered: 10/16/2020)

Clearinghouse
47 Oct. 16, 2020

RESPONSE in Opposition re 40 MOTION to Amend/Correct 20 Amended Complaint, Response filed by Marci Andino, JoAnne Day, Clifford J Edler, Linda McCall, Scott Moseley, John Wells.Reply to Response to Motion due by 10/23/2020 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Lambert, William) (Entered: 10/16/2020)

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48 Oct. 16, 2020

RESPONSE in Opposition re 21 MOTION for Preliminary Injunction Response filed by Marci Andino, JoAnne Day, Clifford J Edler, Howard M Knapp, Linda McCall, Scott Moseley, John Wells.Reply to Response to Motion due by 10/23/2020 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: # 1 Exhibit Declaration of Marci Andino)(Lambert, William) (Entered: 10/16/2020)

1 Exhibit Declaration of Marci Andino

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49 Oct. 16, 2020

Amicus Curiae APPEARANCE entered by Thomas John Tobin on behalf of South Carolina Alliance for Retired Americans. (Attachments: # 1 Exhibit Attorney Declaration of Thomas Tobin, # 2 Exhibit Declaration of Marc Meredith)(Tobin, Thomas) (Entered: 10/16/2020)

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50 Oct. 17, 2020

ORDER re Defendant Marci Andino's (Andino) submission of a Declaration and supporting exhibits to the Court in support of the Defendants' opposition to Plaintiffs' motion for a preliminary injunction. (Dkt. No. 48 -1). The Court directs Andino to supplement her Declaration on or before noon on October 20, 2020 to provide the information as outlined in the Order. Please see Order for all details. AND IT IS SO ORDERED. Signed by Honorable Richard M Gergel on 10/17/2020. (sshe, ) (Entered: 10/17/2020)

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51 Oct. 19, 2020

TEXT ORDER Plaintiffs have moved for leave to file a second amended complaint. (Dkt. No. 40 ). Defendants have filed a memorandum in opposition. (Dkt. No. 47). The amended complaint seeks to add allegations relating to events which have occurred since the filing of the amended complaint. For good cause shown and in accord with FED. CIV. P. 15(a)(2), leave to amend is granted. Plaintiffs are directed to promptly file their second amended complaint. AND IT IS SO ORDERED. Entered at the Direction of Honorable Richard M Gergel on 10/19/2020.(sshe, ) Modified text typo on 10/19/2020 (sshe, ). (Entered: 10/19/2020)

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52 Oct. 19, 2020

TEXT ORDER Plaintiffs have moved to file an amended motion for preliminary injunction. (Dkt. No. 41 ). No timely response in opposition has been filed. For good cause shown, the motion is granted. AND IT IS SO ORDERED. Entered at the Direction of Honorable Richard M Gergel on 10/19/2020.(sshe, ) (Entered: 10/19/2020)

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53 Oct. 19, 2020

AMENDED COMPLAINT Second against All Defendants, filed by George Hopkins, Albertus Clea, Family Unit Inc, The, League of Women Voters of South Carolina. Service due by 1/19/2021 (Dunn, Susan) (Entered: 10/19/2020)

Clearinghouse
54 Oct. 19, 2020

Consent MOTION for Extension of Time by Albertus Clea, Family Unit Inc, The, George Hopkins, League of Women Voters of South Carolina. Response to Motion due by 11/2/2020. 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. No proposed order.(Dunn, Susan) (Entered: 10/19/2020)

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55 Oct. 19, 2020

TEXT ORDER: For good cause shown, Plaintiffs motion to extend the time to file their reply brief to 2:00 p.m. on 10/19/20 and leave to file a reply brief up to 20 pages (Dkt No. 54) is granted. AND IT IS SO ORDERED. Entered at the direction of the Honorable Richard M Gergel on 10/19/20.(ltap, ) (Entered: 10/19/2020)

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56 Oct. 19, 2020

REPLY to Response to Motion re 21 MOTION for Preliminary Injunction Response filed by Albertus Clea, Family Unit Inc, The, George Hopkins, League of Women Voters of South Carolina. (Dunn, Susan) (Entered: 10/19/2020)

Clearinghouse
57 Oct. 19, 2020

OBJECTIONS by James H. (Jay) Lucas to 49 Amicus Curiae Appearance. (McWilliams, Susan) (Entered: 10/19/2020)

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58 Oct. 20, 2020

AFFIDAVIT of Supplemental Declaration of Marci Andino re 50 Order,, by Marci Andino, JoAnne Day, Clifford J Edler, Howard M Knapp, Linda McCall, Scott Moseley, John Wells. (Lambert, William) (Main Document 58 replaced on 10/21/2020) (sshe, ). Modified on 10/21/2020 to replace with corrected signature page provided by filing user(sshe, ). (Entered: 10/20/2020)

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59 Oct. 20, 2020

MOTION to Appear Pro Hac Vice by Bruce V. Spiva ( Filing fee $ 350 receipt number 0420-9420583) by South Carolina Alliance for Retired Americans. Response to Motion due by 11/3/2020. 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 Affidavit Affidavit/Application for Pro Hac Vice, # 2 Proposed Order Proposed Order Granting Pro Hac Vice Admission)No proposed order.(Tobin, Thomas) (Additional attachment(s) added on 10/21/2020: # 3 Exhibit Certificate of Good Standing) (sshe, ). Modified on 10/21/2020 to add attachment as provided by filing user(sshe, ). (Entered: 10/20/2020)

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60 Oct. 20, 2020

SUPPLEMENT by James H. (Jay) Lucas, Harvey Peeler to 46 Response in Opposition to Motion, (Notice of Supplemental Authority). (Attachments: # 1 Exhibit Copy of Richardson v. Hughs (5th Cir. Oct. 19, 2020))(Carroll, Matthew) (Entered: 10/20/2020)

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61 Oct. 21, 2020

Minute Entry. Proceedings held before Honorable Richard M Gergel: Telephone Conference on Preliminary Injunction Motion 21 held on 10/21/2020. All parties represented on the call. Update is due to court no later than Noon on Monday, October 26th. Court to issue written order. Court Reporter Karen Martin. (cper, ) (Entered: 10/21/2020)

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62 Oct. 21, 2020

ORDER Defendant Andino has agreed, and is directed, to conduct a survey of all 46 County Boards regarding their use of signature matching procedures and to provide the Court a response to the questions, as outlined in the Order for each County Board, on or before noon on October 26, 2020. AND IT IS SO ORDERED. Signed by Honorable Richard M Gergel on 10/21/2020. (sshe, ) (Entered: 10/21/2020)

Clearinghouse
63 Oct. 21, 2020

MOTION to Appear Pro Hac Vice by William B. Stafford ( Filing fee $ 350 receipt number 0420-9424384) by South Carolina Alliance for Retired Americans. Response to Motion due by 11/4/2020. 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 Affidavit Affidavit/Application for Pro Hac Vice, # 2 Proposed Order Proposed Order Granting Pro Hac Vice Admission)No proposed order.(Tobin, Thomas) (Additional attachment(s) added on 10/22/2020: # 3 Exhibit Additional Certificate of Good Standing) (sshe, ). (Entered: 10/21/2020)

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64 Oct. 21, 2020

MOTION to Appear Pro Hac Vice by Sopen Shah ( Filing fee $ 350 receipt number 0420-9424388) by South Carolina Alliance for Retired Americans. Response to Motion due by 11/4/2020. 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 Affidavit Affidavit/Application for Pro Hac Vice, # 2 Supporting Documents Certificate of Good Standing, # 3 Proposed Order Proposed Order Granting Pro Hac Vice Admission)No proposed order.(Tobin, Thomas) (Entered: 10/21/2020)

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65 Oct. 22, 2020

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings. Motion Hearing held on 10/21/2020, before Judge Richard M. Gergel. Court Reporter/Transcriber Karen E. Martin, Telephone number/E-mail Karen_E_Martin@scd.uscourts.gov. 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. Parties have 7 calendar days from the filing of the transcript to file with the court a Notice of Intent to Request Redaction. Redaction Request due 11/12/2020. Redacted Transcript Deadline set for 11/23/2020. Release of Transcript Restriction set for 1/20/2021. (kmartin, ) (Entered: 10/22/2020)

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66 Oct. 26, 2020

AFFIDAVIT re 62 Order, by Marci Andino, JoAnne Day, Clifford J Edler, Howard M Knapp, Linda McCall, Scott Moseley, John Wells. (Attachments: # 1 Affidavit)(Lambert, William) (Entered: 10/26/2020)

1 Affidavit

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67 Oct. 26, 2020

ORDER granting 59 Motion for Bruce V. Spiva to Appear Pro Hac Vice for South Carolina Alliance for Retired Americans. Signed by Honorable Richard M Gergel on 10/26/2020.(sshe, ) (Entered: 10/26/2020)

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68 Oct. 26, 2020

ORDER granting 63 Motion for William B. Stafford to Appear Pro Hac Vice for South Carolina Alliance for Retired Americans. Signed by Honorable Richard M Gergel on 10/26/2020.(sshe, ) (Entered: 10/26/2020)

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69 Oct. 26, 2020

ORDER granting 64 Motion for Sopen Shah to Appear Pro Hac Vice for South Carolina Alliance for Retired Americans. Signed by Honorable Richard M Gergel on 10/26/2020.(sshe, ) (Entered: 10/26/2020)

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71 Oct. 26, 2020

DECLARATION by Marci Andino, JoAnne Day, Clifford J Edler, Howard M Knapp, Linda McCall, Scott Moseley, John Wells. (Attachments: # 1 Fourth Declaration of Marci Andino)(Lambert, William) (Entered: 10/26/2020)

1 Fourth Declaration of Marci Andino

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72 Oct. 27, 2020

ORDER: The Court hereby ENJOINS the State and any of its affiliate county boards from utilizing signature matching procedures to disqualify otherwise validly submitted absentee ballots unless affected voters are provided timely notice of the disqualified ballot and a timely procedure to contest that determination before a neutral tribunal. [Details set forth in Order] Defendants are directed to promptly provide a copy of this Order to county boards and to confirm receipt. Further, the Court DENIES Plaintiffs motion for injunctive relief on all other grounds, as set forth in Sections III (A), (B), and (C. (Dkt. Nos. 21; 41). AND IT IS SO ORDERED. Signed by Honorable Richard M Gergel on 10/27/20.(ltap, ) (Entered: 10/27/2020)

Clearinghouse
74 Oct. 27, 2020

NOTICE OF APPEAL as to 72 Order on Motion for Preliminary Injunction,, by Marci Andino, JoAnne Day, Clifford J Edler, Howard M Knapp, James H. (Jay) Lucas, Linda McCall, Scott Moseley, Harvey Peeler, John Wells. - Filing fee $ 505, receipt number 0420-9436001. The Docketing Statement form, Transcript Order form and CJA 24 form may be obtained from the Fourth Circuit website at www.ca4.uscourts.gov (Lambert, William) (Main Document 74 replaced on 10/28/2020) (sshe, ). Modified on 10/28/2020 to replace with corrected document as provided by filing user(sshe, ). (Entered: 10/27/2020)

Clearinghouse
75 Oct. 28, 2020

Transmittal Sheet for Notice of Appeal to USCA re 74 Notice of Appeal,, The Clerk's Office hereby certifies the record and the docket sheet available through ECF to be the certified list in lieu of the record and/or the certified copy of the docket entries. (sshe, ) (Entered: 10/28/2020)

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77 Oct. 28, 2020

MOTION to Appear Pro Hac Vice by Marc E. Elias ( Filing fee $ 350 receipt number 0420-9438935) by South Carolina Alliance for Retired Americans. Response to Motion due by 11/12/2020. 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 Affidavit Affidavit/Application for Pro Hac Vice, # 2 Proposed Order Proposed Order Granting Pro Hac Vice Admission)No proposed order.(Tobin, Thomas) (Entered: 10/28/2020)

RECAP
78 Oct. 29, 2020

ORDER of USCA granting partial stay of the district court's injunction as to 74 Notice of Appeal,, filed by Harvey Peeler, Howard M Knapp, Scott Moseley, John Wells, Marci Andino, JoAnne Day, Linda McCall, Clifford J Edler, James H. (Jay) Lucas (sshe, ) (Entered: 10/30/2020)

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79 Nov. 23, 2020

MOTION to Dismiss Defendants' Motion to Dismiss by Marci Andino, JoAnne Day, Clifford J Edler, Howard M Knapp, Linda McCall, Scott Moseley, John Wells. Response to Motion due by 12/7/2020. 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. No proposed order.(Lambert, William) (Entered: 11/23/2020)

Clearinghouse
80 Nov. 23, 2020

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Intervenor Defendants by James H. (Jay) Lucas. Response to Motion due by 12/7/2020. 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. No proposed order.(McWilliams, Susan) (Entered: 11/23/2020)

Clearinghouse
81 Dec. 4, 2020

MOTION for Extension of Time by Albertus Clea, Family Unit Inc, The, George Hopkins, League of Women Voters of South Carolina. Response to Motion due by 12/18/2020. 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. Proposed order is being emailed to chambers with copy to opposing counsel.(Dunn, Susan) (Entered: 12/04/2020)

RECAP
82 Dec. 7, 2020

ORDER granting 77 Motion for Marc E. Elias to Appear Pro Hac Vice for South Carolina Alliance for Retired Americans. Signed by Honorable Richard M Gergel on 12/7/2020.(sshe, ) (Entered: 12/07/2020)

RECAP
83 Dec. 7, 2020

TEXT ORDER: For good cause shown and with consent of Defendants, Plaintiffs motion for an extension of time until 12/21/20 to file a response to Defendants motion to dismiss and Defendants Intervenors motion to dismiss second amended complaint (Dkt. No. 81) is granted. AND IT IS SO ORDERED.Entered at the direction of the Honorable Richard M Gergel on 12/7/20.(ltap, ) (Entered: 12/07/2020)

RECAP
84 Dec. 21, 2020

MOTION for Leave to File Third Amended Complaint by Albertus Clea, Family Unit Inc, The, George Hopkins, League of Women Voters of South Carolina. Response to Motion due by 1/4/2021. 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 Exhibit Proposed Third Amended Complaint, # 2 Exhibit Redline of Amended Complaint)No proposed order.(Dunn, Susan) (Entered: 12/21/2020)

RECAP
85 Dec. 21, 2020

RESPONSE in Opposition re 79 MOTION to Dismiss Defendants' Motion to Dismiss Response filed by Albertus Clea, Family Unit Inc, The, George Hopkins, League of Women Voters of South Carolina.Reply to Response to Motion due by 12/29/2020 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Dunn, Susan) (Entered: 12/21/2020)

Clearinghouse
86 Dec. 21, 2020

RESPONSE in Opposition re 80 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Intervenor Defendants Response filed by Albertus Clea, Family Unit Inc, The, George Hopkins, League of Women Voters of South Carolina.Reply to Response to Motion due by 12/29/2020 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Dunn, Susan) (Entered: 12/21/2020)

Clearinghouse
87 Dec. 23, 2020

Consent MOTION for Extension of Time Consent Motion to Stay, or Alternatively, for Extension of Time by Marci Andino, JoAnne Day, Clifford J Edler, Howard M Knapp, Linda McCall, Scott Moseley, John Wells. Response to Motion due by 1/6/2021. 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. No proposed order.(Lambert, William) (Entered: 12/23/2020)

RECAP
88 Dec. 23, 2020

TEXT ORDER: For good cause shown and with the consent of the Plaintiffs, Defendants motion to stay this action until the Fourth Circuit addresses the pending appeal (Dkt. No. 87) is granted. The parties are directed to file a status report every 90 days and promptly upon any final order entered by the Fourth Circuit. AND IT IS SO ORDERED. Entered at the direction of the Honorable Richard M Gergel on 12/23/20.(ltap, ) (Entered: 12/23/2020)

RECAP
90 March 11, 2021

USCA OPINION for 74 Notice of Appeal, filed by Harvey Peeler, Howard M Knapp, Scott Moseley, John Wells, Marci Andino, JoAnne Day, Linda McCall, Clifford J Edler, James H. (Jay) Lucas. Decision of Appeals Court Dismissed and remanded with instructions Decision of District Court. (sshe, ) (Entered: 03/11/2021)

Clearinghouse
91 April 2, 2021

USCA MANDATE takes effect 4/2/2021 re Judgment, entered 3/11/2021 dismissing the appeal and remanding to the district court for further proceedings consistent with the 4CCA's decision, as to 74 Notice of Appeal, filed by Harvey Peeler, Howard M Knapp, Scott Moseley, John Wells, Marci Andino, JoAnne Day, Linda McCall, Clifford J Edler, James H. (Jay) Lucas (sshe, ) (Entered: 04/02/2021)

Clearinghouse
92 April 2, 2021

STATUS REPORT in light of the Fourth Circuit's Opinion and Mandate by Marci Andino, JoAnne Day, Clifford J Edler, Howard M Knapp, Linda McCall, Scott Moseley, John Wells. (Lambert, William) (Entered: 04/02/2021)

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93 April 2, 2021

NOTICE of Hearing: Telephone Status Conference set for 4/6/2021 at 11:30 AM before Honorable Richard M Gergel. The Court will provide call-in instructions. Court Staff needed.(ltap, ) (Entered: 04/02/2021)

RECAP
94 April 6, 2021

Minute Entry. Proceedings held before Honorable Richard M Gergel: Telephone Status Conference held on 4/6/2021. Court to issue order re: briefing schedule. Court Reporter: Karen Martin. (ssam, ) (Entered: 04/06/2021)

RECAP
95 April 6, 2021

ORDER: The Court hereby directs Defendants to submit their briefs addressing the remanded issues within 15 days of this order. Plaintiffs are directed to file a response within 15 days thereafter. Defendants may file a reply within 5 days thereafter. Further, amicus briefs may be filed within 15 days of this order. AND IT IS SO ORDERED. Signed by Honorable Richard M Gergel on 4/6/21. (ltap, ) (Entered: 04/06/2021)

RECAP
96 April 21, 2021

RESPONSE in Opposition re 21 MOTION for Preliminary Injunction Defendants' Brief Pursuant to April 6, 2021 Order (ECF 95) Response filed by Marci Andino, JoAnne Day, Clifford J Edler, Howard M Knapp, Linda McCall, Scott Moseley, John Wells.Reply to Response to Motion due by 4/28/2021 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Lambert, William) (Entered: 04/21/2021)

Clearinghouse
97 April 23, 2021

STIPULATION of Dismissal Without Prejudice Voluntary Stipulation of Dismissal by Marci Andino, JoAnne Day, Clifford J Edler, Howard M Knapp, Linda McCall, Scott Moseley, John Wells. (Lambert, William) (Entered: 04/23/2021)

Clearinghouse

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: Oct. 2, 2020

Closing Date: April 23, 2021

Case Ongoing: No

Plaintiffs

Plaintiff Description:

League of Women Voters of South Carolina is a nonprofit organization that promotes civic engagement and democracy; The Family Unit, Inc. is a nonprofit, charitable organization that works to improve the well-being of people living in poverty; and individual registered voters.

Plaintiff Type(s):

Non-profit NON-religious organization

Private Plaintiff

Attorney Organizations:

ACLU Affiliates (any)

Lawyers Comm. for Civil Rights Under Law

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

State

Chair of the South Carolina Election Commission

Executive Director of the South Carolina State Election Commission

Defendant Type(s):

Jurisdiction-wide

Facility Type(s):

Government-run

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Freedom of speech/association

Other Dockets:

District of South Carolina 2:20-cv-03537

U.S. Court of Appeals for the Fourth Circuit 20-2167

Available Documents:

Any published opinion

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Sought:

Attorneys fees

Declaratory judgment

Injunction

Relief Granted:

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Content of Injunction:

Voting Process Changes

Amount Defendant Pays: None; each side paid their own attorney's fees

Issues

Voting:

Election administration

Voter qualifications

Recommended Citation