Case: Pearson v. Kemp

1:20-cv-04809 | U.S. District Court for the Northern District of Georgia

Filed Date: Nov. 25, 2020

Closed Date: Jan. 20, 2021

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Case Summary

A case summary is not yet available via the Clearinghouse.

Summary Authors

Jacqueline Kaufman (9/16/2026)

Related Cases

Palast v. Kemp, Northern District of Georgia (2018)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/18708693/parties/pearson-v-kemp/


Documents in the Clearinghouse

Documents in this case
1

COMPLAINT for Declaratory, Emergency, and Permanent Injunctive Relief,

Nov. 25, 2020

Nov. 25, 2020

Complaint
14

ORDER.

Nov. 29, 2020

Nov. 29, 2020

Order/Opinion
20

MOTION to Intervene with Brief In Support by Democratic Party of Georgia, Inc.,

Nov. 30, 2020

Nov. 30, 2020

Pleading / Motion / Brief
35

AMENDED ANSWER to Complaint (Proposed) of Proposed Intervenor-Defendants by DCCC, DSCC, Democratic Party of Georgia, Inc..

Dec. 1, 2020

Dec. 1, 2020

Pleading / Motion / Brief
38

RESPONSE in Opposition re 20 MOTION to Intervene

Dec. 2, 2020

Dec. 2, 2020

Pleading / Motion / Brief
42

ORDER granting 20 Motion to Intervene

Dec. 3, 2020

Dec. 3, 2020

Order/Opinion
43

MOTION to Dismiss by DCCC

Dec. 3, 2020

Dec. 3, 2020

Pleading / Motion / Brief
44

ANSWER to COMPLAINT

Dec. 3, 2020

Dec. 3, 2020

Pleading / Motion / Brief
63

MOTION to Dismiss with Brief In Support

Dec. 5, 2020

Dec. 5, 2020

Pleading / Motion / Brief
74

Minute Entry for proceedings held before Judge Timothy C. Batten, Sr

Dec. 7, 2020

Dec. 7, 2020

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/18708693/pearson-v-kemp/

Last updated Sept. 16, 2026, 2:19 p.m.

Docket for: Pearson v. Kemp
ECF Number Date Description Link
1 Nov. 25, 2020

COMPLAINT for Declaratory, Emergency, and Permanent Injunctive Relief, filed by Gloria Kay Godwin, Vikki Townsend Consiglio, Coreco Jaqan Pearson, James Kenneth Carroll, Carolyn Hall Fisher, Cathleen Alston Latham, Brian Jay Van Gundy. (Filing fee $400, receipt number AGANDC-10418604) (Attachments: # 1 Exhibit Affidavit Exh. 1, Report of William Briggs, # 2 Exhibit Affidavit Redacted Affidavit, # 3 Exhibit Affidavit of Anna Mercedes Diaz Cardozo, # 4 Exhibit Affidavit Declaration of Harri Hursti, # 5 Exhibit Affidavit Embedded Declaration of Harri Hursti, # 6 Exhibit Exhibit SoS Certification of Dominion Voting Systems Democracy Suite 5.5-A, # 7 Exhibit Exhibit Pro V&V Test Report, # 8 Exhibit Exhibit Study "Ballot-Marking Devices (BMDs) Cannot Assure the Will of the, # 9 Exhibit Affidavit Redacted Affidavit of Cyber-Security Expert, # 10 Exhibit Affidavit Affidavit of Russell Ramsland, # 11 Exhibit Affidavit of Mayra Romera, # 12 Exhibit Affidavit of Maria Diedrich, # 13 Exhibit Affidavit of Maria Diedrich, # 14 Exhibit Affidavit of Ursula Wolf, # 15 Exhibit Affidavit of Nicholas J. Zeher, # 16 Exhibit Affidavit of Susan Voyles, # 17 Exhibit Affidavit of Ibrahim Reyes, # 18 Exhibit Affidavit of Consetta Johnson, # 19 Exhibit Affidavit of Carlos Silva, # 20 Exhibit Affidavit of Andrea O'Neal, # 21 Exhibit Affidavit of Deborah Fisher, # 22 Exhibit Affidavit of Kevin Peterford, # 23 Exhibit Report of Texas Secretary of State Rejecting Dominion Voting Systems, # 24 Exhibit Letter of Rep. Maloney to Smarmatic, # 25 Exhibit Affidavit of Juan Carlos Cobucci, # 26 Exhibit Senator Warren et al letter re: Dominion Voting Systems, # 27 Exhibit Affidavit of of Eric Quinnell, # 28 Exhibit Affidavit of Mitchell Harrison, # 29 Exhibit Affidavit of Michelle Branton, # 30 Civil Cover Sheet)(rvb) 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. Modified on 11/27/2020 to add relief text (rvb). (Entered: 11/27/2020)

RECAP
2 Nov. 27, 2020

EIGHTH 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 09/28/2020. (rvb) (Entered: 11/27/2020)

RECAP
3 Nov. 27, 2020

PROPOSED SUMMONS filed by James Kenneth Carroll, Vikki Townsend Consiglio, Carolyn Hall Fisher, Gloria Kay Godwin, Cathleen Alston Latham, Coreco Jaqan Pearson, Brian Jay Van Gundy (Attachments: # 1 Summons Proposed Summons for Anh Le, # 2 Summons Proposed Summons for Matthew Mashburn, # 3 Summons Proposed Summons for Brad Raffensberger, # 4 Summons Proposed Summons for Rebecca N. Sullivan, # 5 Summons Proposed Summons for David J. Worley, # 6 Summons Proposed Summons for Brian Kemp)(MacDougald, Harry) (Entered: 11/27/2020)

RECAP
4 Nov. 27, 2020

Certificate of Interested Persons by James Kenneth Carroll, Vikki Townsend Consiglio, Carolyn Hall Fisher, Gloria Kay Godwin, Cathleen Alston Latham, Coreco Jaqan Pearson, Brian Jay Van Gundy. (MacDougald, Harry) (Entered: 11/27/2020)

RECAP
5 Nov. 27, 2020

MOTION for Leave to File Matters Under Seal re: 1 Complaint,,,,,,,, with Brief In Support by James Kenneth Carroll, Vikki Townsend Consiglio, Carolyn Hall Fisher, Gloria Kay Godwin, Cathleen Alston Latham, Coreco Jaqan Pearson, Brian Jay Van Gundy. (Attachments: # 1 Exhibit Redacted Exh. 2 from Complaint, # 2 Exhibit Redacted Exh.8 from the Complaint, # 3 Exhibit Exh. A, Joint Cybersecurity Advisory Iranian Advanced Persistent Threat Actor Identified Obtaining Voter Registration Data, # 4 Text of Proposed Order Proposed Order)(MacDougald, Harry) (Entered: 11/27/2020)

RECAP
6 Nov. 27, 2020

MOTION for Temporary Restraining Order IMMEDIATE HEARING REQUESTED, MOTION for Preliminary Injunction with Brief In Support by James Kenneth Carroll, Vikki Townsend Consiglio, Carolyn Hall Fisher, Gloria Kay Godwin, Cathleen Alston Latham, Coreco Jaqan Pearson, Brian Jay Van Gundy. (Attachments: # 1 Affidavit Declaration of Dr. Shiva Ayyadurai, # 2 Exhibit Joint CyberSecurity Advisory Exhibit, # 3 Text of Proposed Order)(MacDougald, Harry) (Entered: 11/27/2020)

RECAP
Nov. 27, 2020

Submission of 1 Complaint, to District Judge Timothy C. Batten Sr. (rvb)

7 Nov. 29, 2020

NOTICE Of Filing Emergency Injunctive Relief by James Kenneth Carroll, Vikki Townsend Consiglio, Carolyn Hall Fisher, Gloria Kay Godwin, Cathleen Alston Latham, Coreco Jaqan Pearson, Brian Jay Van Gundy re 6 MOTION for Temporary Restraining Order IMMEDIATE HEARING REQUESTED MOTION for Preliminary Injunction (Attachments: # 1 Affidavit Redacted Declaration)(MacDougald, Harry) (Entered: 11/29/2020)

RECAP
8 Nov. 29, 2020

Electronic Summons Issued as to Rebecca N. Sullivan. (rsh) (Entered: 11/29/2020)

RECAP
9 Nov. 29, 2020

Electronic Summons Issued as to Matthew Mashburn. (rsh) (Entered: 11/29/2020)

RECAP
10 Nov. 29, 2020

Electronic Summons Issued as to David J. Worley. (rsh) (Entered: 11/29/2020)

RECAP
11 Nov. 29, 2020

Electronic Summons Issued as to Brian Kemp. (rsh) (Entered: 11/29/2020)

RECAP
12 Nov. 29, 2020

Electronic Summons Issued as to Brad Raffensperger. (rsh) (Entered: 11/29/2020)

RECAP
13 Nov. 29, 2020

Electronic Summons Issued as to Anh Le. (rsh) (Entered: 11/29/2020)

RECAP
14 Nov. 29, 2020

ORDER. Please see Order for further specifics and details. Signed by Judge Timothy C. Batten, Sr. on 11/29/2020. (usw) (Entered: 11/29/2020)

RECAP
18 Nov. 29, 2020

Minute Entry for proceedings held before Judge Timothy C. Batten, Sr.: Telephone Conference via ZOOM held on 11/29/2020 re briefing, scheduling, and Plaintiff's request to forensically inspect county voting machines. (Court Reporter Lori Burgess)(dmb) (Entered: 11/30/2020)

RECAP
15 Nov. 30, 2020

1292(b) ORDER - Please see order for specifics and details. Signed by Judge Timothy C. Batten, Sr. on 11/30/2020. (usw) (Entered: 11/30/2020)

RECAP
16 Nov. 30, 2020

NOTICE of Appearance by Charlene S McGowan on behalf of Brian Kemp, Anh Le, Matthew Mashburn, Brad Raffensperger, Rebecca N. Sullivan, David J. Worley (McGowan, Charlene) (Entered: 11/30/2020)

RECAP
17 Nov. 30, 2020

ORDER Setting Hearing on Motion 6 MOTION for Temporary Restraining Order IMMEDIATE HEARING REQUESTED and MOTION for Preliminary Injunction : Motion Hearing set for 12/4/2020 at 10:00 AM in ATLA Courtroom 2106 before Judge Timothy C. Batten Sr. The Court sets the following schedule: Defendants' brief in opposition to the claims in Plaintiffs' complaint will be due on 12/2/2020, by 5:00 p.m. EST. Any reply brief will be due 12/3/2020 by 5:00 p.m. EST. Signed by Judge Timothy C. Batten, Sr. on 11/30/2020. (dmb) (Entered: 11/30/2020)

RECAP
19 Nov. 30, 2020

APPLICATION for Admission of Howard Kleinhendler Pro Hac Vice (Application fee $ 150, receipt number AGANDC-10426686).by James Kenneth Carroll, Vikki Townsend Consiglio, Carolyn Hall Fisher, Gloria Kay Godwin, Cathleen Alston Latham, Coreco Jaqan Pearson, Brian Jay Van Gundy. (MacDougald, Harry) Documents for this entry are not available for viewing outside the courthouse. (Entered: 11/30/2020)

RECAP
20 Nov. 30, 2020

MOTION to Intervene with Brief In Support by Democratic Party of Georgia, Inc., DSCC, DCCC. (Attachments: # 1 Exhibit A: Proposed Intervenors' Proposed Motion to Dismiss, # 2 Exhibit B: Proposed Intervenors' Brief in Support of Proposed Motion to Dismiss, # 3 Exhibit C: Proposed Intervenors' Proposed Answer to Complaint)(Sparks, Adam) (Entered: 11/30/2020)

RECAP
21 Nov. 30, 2020

NOTICE of Appearance by Russell D. Willard on behalf of Brian Kemp, Anh Le, Matthew Mashburn, Brad Raffensperger, Rebecca N. Sullivan, David J. Worley (Willard, Russell) (Entered: 11/30/2020)

RECAP
22 Nov. 30, 2020

AMENDED 1292(b) ORDER - Please see order for specifics and details. Signed by Judge Timothy C. Batten, Sr. on 11/30/2020. (dmb) (Entered: 11/30/2020)

RECAP
23 Nov. 30, 2020

TRANSCRIPT of Proceedings held on 11/29/2020, before Judge Timothy C. Batten, Sr.. Court Reporter/Transcriber Lori Burgess. 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 12/21/2020. Redacted Transcript Deadline set for 12/31/2020. Release of Transcript Restriction set for 3/1/2021. (Attachments: # 1 Notice of Filing Transcript) (llb) (Entered: 11/30/2020)

RECAP
24 Nov. 30, 2020

APPLICATION for Admission of Julia Z. Haller Pro Hac Vice (Application fee $ 150, receipt number AGANDC-10429766).by James Kenneth Carroll, Vikki Townsend Consiglio, Carolyn Hall Fisher, Gloria Kay Godwin, Cathleen Alston Latham, Coreco Jaqan Pearson, Brian Jay Van Gundy. (MacDougald, Harry) Documents for this entry are not available for viewing outside the courthouse. (Entered: 11/30/2020)

RECAP
Nov. 30, 2020

APPROVAL by Clerks Office re: 19 APPLICATION for Admission of Howard Kleinhendler Pro Hac Vice (Application fee $ 150, receipt number AGANDC-10426686).. Attorney Howard Kleinhendler added appearing on behalf of James Kenneth Carroll, Vikki Townsend Consiglio, Carolyn Hall Fisher, Gloria Kay Godwin, Cathleen Alston Latham, Coreco Jaqan Pearson, Brian Jay Van Gundy (nmb)

Nov. 30, 2020

MINUTE ORDER granting Howard Kleinhendler's 19 Application for Admission Pro Hac Vice. Entered by CRD at the direction of Judge Timothy C. Batten, Sr. 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.(usw)

Nov. 30, 2020

Clerks Notation re 4 Certificate of Interested Persons. Reviewed and approved by Judge Timothy C. Batten, Sr. (usw)

25 Dec. 1, 2020

Certificate of Interested Persons by DCCC, DSCC, Democratic Party of Georgia, Inc.. (Sparks, Adam) (Entered: 12/01/2020)

RECAP
26 Dec. 1, 2020

APPLICATION for Admission of Amanda J. Beane Pro Hac Vice (Application fee $ 150, receipt number AGANDC-10432164).by DCCC, DSCC, Democratic Party of Georgia, Inc.. (Sparks, Adam) Documents for this entry are not available for viewing outside the courthouse. (Entered: 12/01/2020)

RECAP
27 Dec. 1, 2020

APPLICATION for Admission of Amanda R. Callais Pro Hac Vice (Application fee $ 150, receipt number AGANDC-10432211).by DCCC, DSCC, Democratic Party of Georgia, Inc.. (Sparks, Adam) Documents for this entry are not available for viewing outside the courthouse. (Entered: 12/01/2020)

RECAP
28 Dec. 1, 2020

APPLICATION for Admission of Kevin J. Hamilton Pro Hac Vice (Application fee $ 150, receipt number AGANDC-10432219).by DCCC, DSCC, Democratic Party of Georgia, Inc.. (Sparks, Adam) Documents for this entry are not available for viewing outside the courthouse. (Entered: 12/01/2020)

RECAP
29 Dec. 1, 2020

APPLICATION for Admission of Marc E. Elias Pro Hac Vice (Application fee $ 150, receipt number AGANDC-10432230).by DCCC, DSCC, Democratic Party of Georgia, Inc.. (Sparks, Adam) Documents for this entry are not available for viewing outside the courthouse. (Entered: 12/01/2020)

RECAP
30 Dec. 1, 2020

APPLICATION for Admission of Matthew Mertens Pro Hac Vice (Application fee $ 150, receipt number AGANDC-10432239).by DCCC, DSCC, Democratic Party of Georgia, Inc.. (Sparks, Adam) Documents for this entry are not available for viewing outside the courthouse. (Entered: 12/01/2020)

RECAP
31 Dec. 1, 2020

NOTICE Of Filing by James Kenneth Carroll, Vikki Townsend Consiglio, Carolyn Hall Fisher, Gloria Kay Godwin, Cathleen Alston Latham, Coreco Jaqan Pearson, Brian Jay Van Gundy (Attachments: # 1 Affidavit Declaration of Ronald Watkins)(MacDougald, Harry) (Entered: 12/01/2020)

RECAP
32 Dec. 1, 2020

NOTICE OF APPEAL as to 14 Order by James Kenneth Carroll, Vikki Townsend Consiglio, Carolyn Hall Fisher, Gloria Kay Godwin, Cathleen Alston Latham, Coreco Jaqan Pearson, Brian Jay Van Gundy. Filing fee $ 505, receipt number AGANDC-10432999. Transcript Order Form due on 12/15/2020 (MacDougald, Harry) Modified on 12/2/2020 to correct filing fee amount (pjm). (Entered: 12/01/2020)

RECAP
33 Dec. 1, 2020

NOTICE Of Filing NOA Transmittal Letter re: 32 Notice of Appeal. (pjm) (Entered: 12/01/2020)

RECAP
34 Dec. 1, 2020

Transmission of Certified Copy of Notice of Appeal, USCA Appeal Fees, Order and Docket Sheet to US Court of Appeals re: 32 Notice of Appeal. (pjm) (Entered: 12/01/2020)

RECAP
35 Dec. 1, 2020

AMENDED ANSWER to Complaint (Proposed) of Proposed Intervenor-Defendants by DCCC, DSCC, Democratic Party of Georgia, Inc.. (Sparks, Adam) (Entered: 12/01/2020)

RECAP
36 Dec. 1, 2020

USCA Acknowledgment of 32 Notice of Appeal, filed by Cathleen Alston Latham, James Kenneth Carroll, Carolyn Hall Fisher, Coreco Jaqan Pearson, Brian Jay Van Gundy, Gloria Kay Godwin and Vikki Townsend Consiglio. Case Appealed to USCA- 11th Circuit. Case Number 20-14480-RR. (pjm) (Entered: 12/01/2020)

RECAP
37 Dec. 1, 2020

ORDER STAYING 17 Order Setting Hearing on Motion. Signed by Judge Timothy C. Batten, Sr. on 12/01/2020. (usw) (Entered: 12/01/2020)

RECAP
Dec. 1, 2020

Clerks Notation re 25 Certificate of Interested Persons. Reviewed and approved by Judge Timothy C. Batten, Sr. (usw)

Dec. 1, 2020

APPROVAL by Clerks Office re: 24 APPLICATION for Admission of Julia Z. Haller Pro Hac Vice (Application fee $ 150, receipt number AGANDC-10429766).. Attorney Julia Z. Haller added appearing on behalf of James Kenneth Carroll, Vikki Townsend Consiglio, Carolyn Hall Fisher, Gloria Kay Godwin, Cathleen Alston Latham, Coreco Jaqan Pearson, Brian Jay Van Gundy (nmb)

38 Dec. 2, 2020

RESPONSE in Opposition re 20 MOTION to Intervene filed by James Kenneth Carroll, Vikki Townsend Consiglio, Carolyn Hall Fisher, Gloria Kay Godwin, Cathleen Alston Latham, Coreco Jaqan Pearson, Brian Jay Van Gundy. (MacDougald, Harry) (Entered: 12/02/2020)

RECAP
Dec. 2, 2020

MINUTE ORDER granting Julia Z. Haller's 24 Application for Admission Pro Hac Vice. Entered by CRD at the direction of Judge Timothy C. Batten, Sr. 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.(usw)

Dec. 2, 2020

APPROVAL by Clerks Office re: 26 APPLICATION for Admission of Amanda J. Beane Pro Hac Vice (Application fee $ 150, receipt number AGANDC-10432164).. Attorney Amanda J. Beane added appearing on behalf of DCCC, DSCC, Democratic Party of Georgia, Inc. (nmb)

Dec. 2, 2020

APPROVAL by Clerks Office re: 27 APPLICATION for Admission of Amanda R. Callais Pro Hac Vice (Application fee $ 150, receipt number AGANDC-10432211).. Attorney Amanda R. Callais added appearing on behalf of DCCC, DSCC, Democratic Party of Georgia, Inc. (nmb)

Dec. 2, 2020

APPROVAL by Clerks Office re: 28 APPLICATION for Admission of Kevin J. Hamilton Pro Hac Vice (Application fee $ 150, receipt number AGANDC-10432219).. Attorney Kevin J. Hamilton added appearing on behalf of DCCC, DSCC, Democratic Party of Georgia, Inc. (nmb)

Dec. 2, 2020

APPROVAL by Clerks Office re: 29 APPLICATION for Admission of Marc E. Elias Pro Hac Vice (Application fee $ 150, receipt number AGANDC-10432230).. Attorney Marc E. Elias added appearing on behalf of DCCC, DSCC, Democratic Party of Georgia, Inc. (nmb)

Dec. 2, 2020

APPROVAL by Clerks Office re: 30 APPLICATION for Admission of Matthew Mertens Pro Hac Vice (Application fee $ 150, receipt number AGANDC-10432239).. Attorney Matthew Joseph Mertens added appearing on behalf of DCCC, DSCC, Democratic Party of Georgia, Inc. (nmb)

Case Details

State / Territory:

Georgia

Case Type(s):

Election/Voting Rights

Special Collection(s):

Law Firm Antiracism Alliance (LFAA) project

Key Dates

Filing Date: Nov. 25, 2020

Closing Date: Jan. 20, 2021

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Seven Republican presidential electors in Georgia who sought to challenge the results of the November 3, 2020 presidential election, alleging widespread fraud and irregularities

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

State

Anh Le

Brad Raffensperger

Brian Kemp

David J. Worley

Matthew Mashburn

Rebecca N. Sullivan

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Equal Protection

Other Dockets:

Northern District of Georgia 1:20-cv-04809

Available Documents:

Complaint (any)

Findings Letter/Report

Non-settlement Outcome

Trial Court Docket

Outcome

Prevailing Party: Defendant

Relief Sought:

Declaratory judgment

Injunction

Relief Granted:

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Content of Injunction:

Vote Counting

Amount Defendant Pays: None

Order Duration: 2020 - 2020

Issues

Voting:

Challenges to at-large/multimember district/election

Voting: General & Misc.

Recommended Citation