Case: Simon v. DeWine

4:21-cv-02267 | U.S. District Court for the Northern District of Ohio

Filed Date: Dec. 1, 2021

Closed Date: March 23, 2022

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Case Summary

This is a case challenging Ohio’s state congressional and state Senate redistricting plans and the use of at-large elections in Mahoning County, Ohio as violating section 2 of the Voting Rights Act by diluting Black voting power and violating the 14th and 15th amendments by intentionally racially discriminating against Black voters. On December 1, 2021, two Black Ohio voters filed suit in the U.S. District Court of the Northern District of Ohio against various Ohio elected officials, including the Governor, Secretary of State, Speaker of the Ohio House of Representatives, and the President of the Ohio State Senate. Plaintiffs sought a judicial declaration the redistricting plans and at-large election method were unconstitutional and unlawful, a preliminary and permanent injunction barring the plans or at-large method from use in future elections, a court order requiring Defendants to implement a new, Voting Rights Act-compliant election method for Mahoning County, and for the court to reduce the number of Ohio’s congressional seats to reflect their “deliberate dilution of Black voting power.”

On December 13, 2021, Plaintiffs moved for class certification for a class of “Black voters in Mahoning County, Ohio.”

Shortly after, on December 21, 2021, Defendants filed a motion to stay the case pending resolution of five cases pending before the Ohio Supreme Court that, although involving different claims, all turned on the validity of the same redistricting map. On January 12, 2022, Judge John R. Adams stayed the case for 60 days pending resolution of the Ohio Supreme Court cases.

In the new year, Plaintiffs sought to enjoin Defendants from administering, implementing, or conducting any election for representative for the 33rd Ohio Senate District under the proposed state Senate redistricting plan and sought partial summary judgment on their Voting Rights Act Claim.

On March 22, 2022, Plaintiffs filed a notice of voluntary dismissal without prejudice, which Judge John R. Adams accepted the next day.

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Summary Authors

LFAA (1/7/2026)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/61588268/parties/simon-v-dewine/

Judge(s)

Adams, John R. (Ohio)

Attorney for Plaintiff

Squire, Percy (Ohio)

Attorney for Defendant

Daniel, Allison D. (Ohio)

Pfeiffer, Julie M. (Ohio)

Judge(s)

Adams, John R. (Ohio)

Attorney for Plaintiff

Squire, Percy (Ohio)

Attorney for Defendant

Daniel, Allison D. (Ohio)

Pfeiffer, Julie M. (Ohio)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
1 4:21-cv-02267	Complaint for Declaratory Temporary, Preliminary and Permanent Injunctive Relief and to Enforce Armour Decree Simon et al. v. DeWine et al.	Dec. 1, 2021	Dec. 1, 2021 Complaint
7 4:21-cv-02267	Motion for Class Certification by Proposed Class Representatives Reverend Kenneth L. Simon and Helen Youngblood Simon et al. v. DeWine et al.	Dec. 13, 2021	Dec. 13, 2021 Pleading / Motion / Brief
10 4:21-cv-02267	Defendants' Motion for Abstention And/Or Stay of Further Proceedings Simon et al. v. DeWine et al.	Dec. 21, 2021	Dec. 21, 2021 Pleading / Motion / Brief
21 4:21-cv-02267	Order on Motion to Stay Simon et al. v. DeWine et al.	Jan. 12, 2022	Jan. 12, 2022 Order/Opinion 2022 WL 118180
25 4:21-cv-02267	Order Dismissing Case Without Prejudice Simon et al. v. DeWine et al.	March 23, 2022	March 23, 2022 Order/Opinion

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/61588268/simon-v-dewine/

Last updated Dec. 18, 2025, 9:43 a.m.

ECF Number	Description	Date	Link Date / Link
1	Complaint For Declaratory Temporary, Preliminary and Permanent Injunctive Relief and to Enforce Armour Decree against All Defendants. Filing fee paid $ 402, Receipt number AOHNDC-11159736. Plaintiff has indicated that case may be related to terminated civil action 4:88-cv-1104. Filed by Helen Youngblood and Kenneth L. Simon. (Attachments: # 1 Exhibit A- Map of Ohio, # 2 Exhibit B- Map of Ohio, # 3 Civil Cover Sheet, # 4 Summons to Mike DeWine, # 5 Summons Robert R. Cupp, # 6 Summons to Keith Faber, # 7 Summons to Matt Huffman, # 8 Summons to Frank LaRose, # 9 Summons to Ohio Redistricting Commission, # 10 Summons to David Yost) (Squire, Percy) (Entered: 12/01/2021)	Dec. 1, 2021	Dec. 1, 2021 Clearinghouse
2	Original Summons and Magistrate Consent Form issued to counsel for service upon Robert R. Cupp, Mike DeWine, Keith Faber, Matt Huffman, Frank LaRose, Ohio Redistricting Commission, and David Yost. (Attachments: # 1 Magistrate Consent Form) (G,M) (Entered: 12/02/2021)	Dec. 2, 2021	Dec. 2, 2021
3	Amended complaint for Declaratory Temporary, Preliminary and Permanent Injunctive Relief and to Enforce Armour Decree against All Defendants. Filed by Kenneth Simon, Helen Youngblood. (Attachments: # 1 Exhibit A-map, # 2 Exhibit B-map, # 3 Civil Cover Sheet corrected) Associated Cases: 4:21-cv-02267-JRA, 4:88-cv-01104-DDD (Squire, Percy) (Entered: 12/02/2021) 1 Exhibit A-map View on RECAP 2 Exhibit B-map View on RECAP 3 Civil Cover Sheet corrected View on RECAP	Dec. 2, 2021	Dec. 2, 2021 RECAP
	Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge Carmen E. Henderson. (G,M)	Dec. 2, 2021	Dec. 2, 2021
	Judge John R. Adams assigned to case. (G,M)	Dec. 2, 2021	Dec. 2, 2021
4	Return of Service by process server executed upon All Defendants on 12/3/21, filed on behalf of All Plaintiffs. (Attachments: # 1 Cupp Return, # 2 Faber Return, # 3 Huffman Return, # 4 LaRose Return, # 5 ORC Return, # 6 Yost Return)(Squire, Percy) (Entered: 12/06/2021) 1 Supplement Cupp Return View on PACER 2 Supplement Faber Return View on PACER 3 Supplement Huffman Return View on PACER 4 Supplement LaRose Return View on PACER 5 Supplement ORC Return View on PACER 6 Supplement Yost Return View on PACER	Dec. 6, 2021	Dec. 6, 2021 RECAP
5	Motion to Correct Paragraph 10 of the Amended Complaint filed by Kenneth L. Simon, Helen Youngblood. (Attachments: # 1 Second Amended Complaint, # 2 Proposed Order)(Squire, Percy) (Entered: 12/06/2021)	Dec. 6, 2021	Dec. 6, 2021 Clearinghouse
6	Notice of filing motion for Class Certification, revision of heading of Amended Complaint 3 to state class action allegations and claim of unconstitutionality, and the filing of an application for a statutory thee judge court filed by All Plaintiffs. (Attachments: # 1 Exhibit A - new Heading) (Squire, Percy) (Entered: 12/13/2021)	Dec. 13, 2021	Dec. 13, 2021
7	Motion for class certification by proposed class representatives Reverend Kenneth Simon and Helen Youngblood filed by Kenneth L. Simon, Helen Youngblood. (Squire, Percy) (Entered: 12/13/2021)	Dec. 13, 2021	Dec. 13, 2021 Clearinghouse
8	FILING ERROR - INCORRECT EVENT USED - ATTORNEY REFILED AS DOCUMENT 9 - Supplement - MOTION OF PLAINTIFFS REVEREND KENNETH L SIMON AND HELEN YOUNGBLOOD FOR A THREE JUDGE COURT, filed by All Plaintiffs. (Attachments: # 1 Proposed Order)(Squire, Percy) Modified to note filing error on 12/13/2021 (M,TL). (Entered: 12/13/2021)	Dec. 13, 2021	Dec. 13, 2021
9	Motion for a Three Judge Court filed by Kenneth L. Simon, Helen Youngblood. (Attachments: # 1 Proposed Order)(Squire, Percy) (Entered: 12/13/2021) 1 Proposed Order View on RECAP	Dec. 13, 2021	Dec. 13, 2021 RECAP
10	Motion to stay and/or abstention of further proceedings filed by Robert R. Cupp, Mike DeWine, Keith Faber, Matt Huffman, Frank LaRose, Ohio Redistricting Commission, David Yost. (Attachments: # 1 Exhibit A, LWV I [2021-Ohio-1193], # 2 Exhibit B, Bennett [2021-Ohio-1198, # 3 Exhibit C, OOC [2021-Ohio-1210], # 4 Exhibit D, Adams [2021-Ohio-1428], # 5 Exhibit E, LWV II [2021-Ohio-1449])(Pfeiffer, Julie) (Entered: 12/21/2021) 1 Exhibit A, LWV I [2021-Ohio-1193] View on PACER 2 Exhibit B, Bennett [2021-Ohio-1198 View on PACER 3 Exhibit C, OOC [2021-Ohio-1210] View on PACER 4 Exhibit D, Adams [2021-Ohio-1428] View on PACER 5 Exhibit E, LWV II [2021-Ohio-1449] View on PACER	Dec. 21, 2021	Dec. 21, 2021 Clearinghouse
11	Motion for extension of time to plead in response to Plaintiffs' Amended Complaint filed by Robert R. Cupp, Mike DeWine, Keith Faber, Matt Huffman, Frank LaRose, Ohio Redistricting Commission, David Yost. Related document(s) 3, 10 . (Attachments: # 1 Proposed Order)(Pfeiffer, Julie) (Entered: 12/21/2021)	Dec. 21, 2021	Dec. 21, 2021
12	Attorney Appearance by Allison D. Daniel filed by on behalf of Robert R. Cupp, Mike DeWine, Keith Faber, Matt Huffman, Frank LaRose, Ohio Redistricting Commission, David Yost. (Daniel, Allison) (Entered: 12/21/2021)	Dec. 21, 2021	Dec. 21, 2021
13	Marginal Entry Order granting 11 Defendants' Motion for Extension of Time to Answer. Responsive pleadings shall be filed no later than 21 days after the Court resolves the motion to stay. Judge John R. Adams on 12/22/2021.(L,J) (Entered: 12/22/2021)	Dec. 22, 2021	Dec. 22, 2021
14	Motion for preliminary injunction, Motion for partial summary judgment filed by Kenneth L. Simon, Helen Youngblood. (Attachments: # 1 Exhibit A-Senate Plan, # 2 Exhibit B-Congressional Plan, # 3 Exhibit C-Armour v. Ohio, # 4 Exhibit D- Plaintiffs Input, # 5 Proposed Order)(Squire, Percy) (Entered: 01/03/2022) 1 Exhibit A-Senate Plan View on PACER 2 Exhibit B-Congressional Plan View on PACER 3 Exhibit C-Armour v. Ohio View on PACER 4 Exhibit D- Plaintiffs Input View on PACER 5 Proposed Order View on RECAP	Jan. 3, 2022	Jan. 3, 2022 RECAP
15	Notice of Deposition Transcript of Raymond Edward DiRossi, filed by All Plaintiffs. Related document(s) 14 . (Attachments: # 1 Exhibit E-DiRossi Deposition)(Squire, Percy) (Entered: 01/04/2022)	Jan. 4, 2022	Jan. 4, 2022
16	Opposition to 10 Motion to stay and/or abstention of further proceedings filed by All Plaintiffs. (Squire, Percy) (Entered: 01/04/2022)	Jan. 4, 2022	Jan. 4, 2022 RECAP
17	Opposition to 10 Motion to stay and/or abstention of further proceedings (with corrected heading) filed by All Plaintiffs. (Squire, Percy) (Entered: 01/05/2022)	Jan. 5, 2022	Jan. 5, 2022 Clearinghouse
18	Deposition Transcript of Raymond Edward DiRossi (with corrected heading), filed by All Plaintiffs. Related document(s) 15, 14 . (Attachments: # 1 Exhibit E-DiRossi Deposition)(Squire, Percy) (Entered: 01/05/2022)	Jan. 5, 2022	Jan. 5, 2022 Clearinghouse
19	Motion for preliminary injunction with corrected heading, Motion for partial summary judgment with corrected heading filed by Kenneth L. Simon, Helen Youngblood. Related document(s) 14 . (Attachments: # 1 Exhibit A-map, # 2 Exhibit B-map, # 3 Exhibit C-Armour v. Ohio, # 4 Exhibit D- Plaintiffs Input, # 5 Proposed Order)(Squire, Percy) (Entered: 01/05/2022)	Jan. 5, 2022	Jan. 5, 2022
20	Reply in support of 10 Motion to stay and/or abstention of further proceedings filed by Robert R. Cupp, Mike DeWine, Keith Faber, Matt Huffman, Frank LaRose, Ohio Redistricting Commission, David Yost. (Pfeiffer, Julie) (Entered: 01/11/2022)	Jan. 11, 2022	Jan. 11, 2022 Clearinghouse
21	Order granting Defendants' Motion to stay (Related Doc # 10 ). This matter is hereby stayed for 60 days. See order for further details and obligations of counsel. Judge John R. Adams on 1/12/2022.(L,J)	Jan. 12, 2022	Jan. 12, 2022 Clearinghouse
22	Status Report filed by Robert R. Cupp, Mike DeWine, Keith Faber, Matt Huffman, Frank LaRose, Ohio Redistricting Commission, David Yost. (Pfeiffer, Julie) (Entered: 03/11/2022)	March 11, 2022	March 11, 2022 RECAP
23	Status Report filed by All Plaintiffs. Related document(s) 21 .(Squire, Percy) (Entered: 03/14/2022)	March 14, 2022	March 14, 2022 RECAP
24	Notice of Dismissal Under FRCP 41(a)(1) (A)(i) Without Prejudice filed by All Plaintiffs. (Squire, Percy) (Entered: 03/22/2022)	March 22, 2022	March 22, 2022 Clearinghouse
25	Order approving Plaintiffs' 24 Notice of Voluntary Dismissal. This matter is hereby dismissed without prejudice. Judge John R. Adams on 03/22/2022. (M,TL) (Entered: 03/23/2022)	March 23, 2022	March 23, 2022 Clearinghouse