Case: Liu v. Mcconnell

1:19-cv-07057 | U.S. District Court for the Eastern District of New York

Filed Date: Dec. 17, 2019

Closed Date: Nov. 30, 2020

Clearinghouse coding complete

Case Summary

This case is about the lack of a confirmation process for Chief Judge Merrick Garland after President Barack Obama nominated him to the U.S. Supreme Court. On December 17, 2019, Equal Vote America Corp., a nonprofit voting-rights organization, and a registered voter from the state of New York filed this lawsuit in the U.S. District Court for the Eastern District of New York. The plaintiffs sued the Senate Majority Leader and the Chairman of the Senate Judicial Committee. They alleged that denyi…

This case is about the lack of a confirmation process for Chief Judge Merrick Garland after President Barack Obama nominated him to the U.S. Supreme Court.

On December 17, 2019, Equal Vote America Corp., a nonprofit voting-rights organization, and a registered voter from the state of New York filed this lawsuit in the U.S. District Court for the Eastern District of New York. The plaintiffs sued the Senate Majority Leader and the Chairman of the Senate Judicial Committee. They alleged that denying Judge Garland a confirmation process violated the plaintiffs’ constitutional rights guaranteed by the Privileges and Immunities Clause of Article IV, the Free Speech Clause of the First Amendment, the Due Process Clause of the Fifth Amendment, and Section 2 of the Fourteenth Amendment. Represented by private counsel, they asked the court to declare the actions of the Majority Leader and the Chairman of the Senate Judicial Committee unconstitutional. The case was assigned to Judge Frederick Block.

During a telephone pre-motion conference on October 6, 2020, Judge Block indicated that he did not see the case as viable and would grant a motion to dismiss by the defendants if they made one. On October 23, 2020, the court granted the plaintiffs’ request for a two-week extension to file a letter regarding whether they would voluntarily withdraw their complaint. After failing to comply with that deadline, the court gave them an additional week to file the letter.

On November 30, 2020, after the plaintiffs had still not filed the letter notifying the court whether the wished to withdraw their complaint, the court issued an electronic order dismissing the case with prejudice.

This case is now closed. 

Summary Authors

John McGinnis (2/24/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/16596477/parties/liu-v-mcconnell/


Judge(s)

Block, Frederic (New York)

Attorney for Plaintiff

Liu, Yu-Xi (New York)

Attorney for Defendant

Kutlin, Lisa D. (New York)

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Documents in the Clearinghouse

Document
1

1:19-cv-07057

Complaint

Equal Vote America Corp. v. McConnell

Dec. 17, 2019

Dec. 17, 2019

Complaint

Docket

See docket on RECAP: https://www.courtlistener.com/docket/16596477/liu-v-mcconnell/

Last updated Aug. 18, 2025, 2:33 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Mitch McConnell, charles grassley filing fee $ 400, receipt number ANYEDC-12164717 Was the Disclosure Statement on Civil Cover Sheet completed -no,, filed by lewis liu, equal vote america. (Liu, Yu-Xi) (Entered: 12/17/2019)

Dec. 17, 2019

Dec. 17, 2019

Clearinghouse
2

Proposed Summons. by equal vote america, lewis liu (Liu, Yu-Xi) (Entered: 12/18/2019)

Dec. 18, 2019

Dec. 18, 2019

PACER

Notice: Re: Incomplete Civil Cover Sheet

Dec. 20, 2019

Dec. 20, 2019

PACER

Notice: Re: Incomplete Civil Cover Sheet. The Clerk's Office cannot assign this case without a completed Civil Cover Sheet. Please resubmit corrected Civil Cover Sheet. This event can be found under the event Other Documents - Proposed Summons/Civil Cover Sheet. (Bowens, Priscilla)

Dec. 20, 2019

Dec. 20, 2019

PACER

Notice: Re: Incomplete Civil Cover Sheet

Jan. 3, 2020

Jan. 3, 2020

PACER

***FINAL NOTICE:*** Re: Incomplete Civil Cover Sheet. The Clerk's Office cannot assign this case without a completed Civil Cover Sheet. Please resubmit corrected Civil Cover Sheet. This event can be found under the event Other Documents - Proposed Summons/Civil Cover Sheet. (Davis, Kimberly)

Jan. 3, 2020

Jan. 3, 2020

PACER
3

Civil Cover Sheet.. Re 1 Complaint by Equal Vote America, Lewis Y. Liu (Liu, Yu-Xi) (Entered: 01/06/2020)

Jan. 6, 2020

Jan. 6, 2020

PACER

Case Assigned/Reassigned

Jan. 8, 2020

Jan. 8, 2020

PACER

Case Assigned to Judge Frederic Block and Magistrate Judge Lois Bloom. Please download and review the Individual Practices of the assigned Judges, located on our website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Davis, Kimberly)

Jan. 8, 2020

Jan. 8, 2020

PACER
4

In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Davis, Kimberly) (Entered: 01/08/2020)

Jan. 8, 2020

Jan. 8, 2020

PACER
5

This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Davis, Kimberly) (Entered: 01/08/2020)

Jan. 8, 2020

Jan. 8, 2020

PACER
6

Summons Issued as to Charles Grassley, Mitch McConnell, U.S. Attorney and U.S. Attorney General (Davis, Kimberly) (Entered: 01/08/2020)

Jan. 8, 2020

Jan. 8, 2020

PACER
7

SUMMONS Returned Executed by Lewis Y. Liu, Equal Vote America. Charles Grassley served on 1/14/2020, answer due 2/4/2020; Mitch McConnell served on 1/14/2020, answer due 2/4/2020. (Attachments: # 1 Exhibit Certified Mail# and Return Recpt to USDA Donoghue NY Eastern District, # 2 Exhibit Certified Mail# and Return Recpt to Defs Grassley and McConnell) (Liu, Yu-Xi) (Entered: 02/06/2020)

Feb. 6, 2020

Feb. 6, 2020

PACER
8

NOTICE of Appearance by Lisa D. Kutlin on behalf of Charles Grassley, Mitch McConnell (aty to be noticed) (Kutlin, Lisa) (Entered: 02/24/2020)

Feb. 24, 2020

Feb. 24, 2020

PACER
9

First MOTION for Extension of Time to File Answer or Otherwise Respond by Charles Grassley, Mitch McConnell. (Kutlin, Lisa) (Entered: 03/13/2020)

March 13, 2020

March 13, 2020

PACER
10

ORDER, granting Defendants' 9 Motion for an Extension of Time to Answer to the Complaint. The application is granted. SO ORDERED by Magistrate Judge Lois Bloom, on 3/13/2020. C/mailed. (Defendants Senators Charles Grassley and Mitch McConnell's answers due by 6/16/2020.) (Latka-Mucha, Wieslawa) (Entered: 03/16/2020)

March 13, 2020

March 13, 2020

PACER
11

Mail Returned as Undeliverable, "Return to Sender, Not Deliverable As Addressed, Unable to Forward." Order dated 3/13/2020 previously sen to Yu-Xi Liu. (Galeano, Sonia) (Entered: 05/05/2020)

April 24, 2020

April 24, 2020

PACER

ORDER: Defendants were to respond to plaintiffs' complaint by June 16, 2020. ECF No. 10. To date, no response has been filed. Defendants shall respond to plaintiffs' complaint immediately. This is a Court Order and defendants shall comply. Ordered by Magistrate Judge Lois Bloom on 7/13/2020. (Panjini, Madhura)

July 13, 2020

July 13, 2020

PACER
12

Premotion Conference Letter in Lieu of ANSWER to Complaint by All Defendants. (Kutlin, Lisa) (Entered: 07/13/2020)

July 13, 2020

July 13, 2020

PACER
13

Letter in Response to Order to Answer by Charles Grassley, Mitch McConnell (Kutlin, Lisa) (Entered: 07/13/2020)

July 13, 2020

July 13, 2020

PACER

Scheduling Order

July 13, 2020

July 13, 2020

PACER
14

SCHEDULING ORDER: Defendants letter application 12 dated 7/13/20 is GRANTED. A pre motion conference is scheduled on September 22, 2026 @ 3:00PM. There will be no formal notice mailed to counsel. Upon receipt of this email counsel shall confirm with each other the date and time of this conference. If this date presents a conflict counsel shall first obtain the consent from all the parties to adjourn this conference and then file a letter application.Ordered by Judge Frederic Block on 8/24/2020. (Innelli, Michael) (Entered: 08/24/2020)

Aug. 24, 2020

Aug. 24, 2020

PACER

Set/Reset Hearings: The pre-motion conference scheduled for September 22, 2020 is being adjourned by the Court to October 6, 2020 @ 3:00 PM due to a conflict with the Court's calendar and the ongoing health crisis with COVID-19. Upon receipt of this email counsel shall confirm with each other the date and time of this conference. (Innelli, Michael)

Aug. 27, 2020

Aug. 27, 2020

PACER

Set/Reset Hearings

Aug. 27, 2020

Aug. 27, 2020

PACER
15

Letter MOTION to Appear by Telephone at October 6 hearing by Charles Grassley, Mitch McConnell. (Kutlin, Lisa) (Entered: 09/02/2020)

Sept. 2, 2020

Sept. 2, 2020

PACER

ELECTRONIC ORDER: The defendant's letter application 15 dated 9/1/20 with the consent of the plaintiff is GRANTED. The pre-motion conference scheduled for October 6, 2020 @ 3:00 PM is converted to a telephone pre-motion conference. All parties are directed to call 877-336-1839 access code 7543641 at the time of the conference . Upon receipt of this email counsel shall confirm with each other of this telephone conference. Ordered by Judge Frederic Block on 9/2/2020. (Innelli, Michael)

Sept. 2, 2020

Sept. 2, 2020

PACER

Order on Motion to Appear by Telephone

Sept. 2, 2020

Sept. 2, 2020

PACER

Minute Entry for proceedings held before Judge Frederic Block: Yu Xi Liu, Esq. for the plaintiff and Lisa Kutlin, Esq. & Richard Hayes for the defendants, all present. Telephone pre-motion conference held on 10/6/2020. Defendants anticipated motion to dismiss was discussed. By October 20, 2020 the plaintiff will file a letter as to whether they wish to withdraw the case in its entirety. (Court Reporter: Not Reported) (Innelli, Michael)

Oct. 6, 2020

Oct. 6, 2020

PACER

Pre Motion Conference

Oct. 6, 2020

Oct. 6, 2020

PACER
16

First MOTION for Extension of Time to File voluntary dismissal by Equal Vote America, Lewis Y. Liu. (Liu, Yu-Xi) (Entered: 10/23/2020)

Oct. 23, 2020

Oct. 23, 2020

Clearinghouse

ELECTRONIC ORDER: Plaintiff's letter application 16 is GRANTED. By November 9, 2020 the plaintiff will serve and file a letter as to whether they wish to withdraw the case in its entirety as discussed at the telephone pre-motion conference on October 6, 2020. Ordered by Judge Frederic Block on 10/23/2020. (Innelli, Michael)

Oct. 23, 2020

Oct. 23, 2020

PACER

Order on Motion for Extension of Time to File

Oct. 23, 2020

Oct. 23, 2020

PACER

STATUS REPORT ORDER: Plaintiff has failed to comply with the Court's electronic order dated 10/23/20. By November 25, 2020 the plaintiff shall serve and file a letter whether they wish to withdraw their case in its entirety as discussed at the telephone pre-motion conference held on October 6, 2020. Failure to comply with this electronic order will result in this case being dismissed for failure to prosecute. Ordered by Judge Frederic Block on 11/17/2020. (Innelli, Michael)

Nov. 17, 2020

Nov. 17, 2020

PACER

Status Report Order

Nov. 17, 2020

Nov. 17, 2020

PACER

ELECTRONIC ORDER DISMISSING CASE: The Court held a telephone pre-motion conference on October 6, 2020. At the conference the Court stated it's reasons why it would grant the defendant's motion to dismiss, if one were made. The Court gave the plaintiff 2 weeks to notify the court whether he would be withdrawing his complaint. The plaintiff has failed to do so after having been given two extensions of time to do so. The complaint is dismissed in it's entirety with prejudice. Ordered by Judge Frederic Block on 11/30/2020. (Innelli, Michael)

Nov. 30, 2020

Nov. 30, 2020

PACER

Order Dismissing Case

Nov. 30, 2020

Nov. 30, 2020

PACER

Case Details

State / Territory: New York

Case Type(s):

Election/Voting Rights

Special Collection(s):

Law Firm Antiracism Alliance (LFAA) project

Key Dates

Filing Date: Dec. 17, 2019

Closing Date: Nov. 30, 2020

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A nonprofit voting-rights organization and a registered voter from the state of New York

Plaintiff Type(s):

Private Plaintiff

Non-profit NON-religious organization

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Senate Majority Leader (- United States (national) -), Federal

Chairman of the US Senate Committee on the Judiciary (- United States (national) -), Federal

Case Details

Causes of Action:

Ex Parte Young (Federal) or Bivens

Constitutional Clause(s):

Due Process

Freedom of speech/association

Privileges and/or Immunities Clauses

Available Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

Voting:

Voting: General & Misc.