Case: Equal Vote America Corp. v. Congress

1:19-cv-00311 | U.S. District Court for the Southern District of New York

Filed Date: Jan. 11, 2019

Closed Date: Dec. 16, 2020

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Case Summary

This case is about an alleged violation of equal representation in Congress. On January 11, 2019, a non-profit organization called “Equal Vote America Corp.” (EVA) and an individual filed a complaint in federal court in the Southern District of New York. The complaint explained that EVA represented a group of eligible voters and that its mission was educating the public on voting rights and promoting voter participation in the election process. The individual plaintiff was the leader of the…

This case is about an alleged violation of equal representation in Congress.

On January 11, 2019, a non-profit organization called “Equal Vote America Corp.” (EVA) and an individual filed a complaint in federal court in the Southern District of New York. The complaint explained that EVA represented a group of eligible voters and that its mission was educating the public on voting rights and promoting voter participation in the election process. The individual plaintiff was the leader of the organization and also a registered voter in New York. Plaintiffs filed the complaint against all successive classes of Congress since 1911 and named four congressional leaders because they had the power to initiate new legislation and control the legislative process: Speaker of the House of Representatives (the House), Minority Leaders in the House and Senate, and Majority Leader in the Senate. The plaintiffs asked the court to find the statutory method of apportioning House seats under the Apportionment Acts of 1911, 1929, and 1941 (which capped the number of seats at 435 and made the apportionment process self-executing after each 10-year census) to be unconstitutional. In addition to finding the current law unconstitutional, plaintiffs asked the court to hold Congress in contempt if it did not establish a more equitable method of apportionment.

The complaint stated that Congress had collectively failed to update the cap and allocation of seats since 1929 in accordance with the “Great Compromise” of a bicameral legislature approach agreed upon by the founding fathers and the Constitutional provisions mandating that House seats be allocated proportional to each state’s population. Plaintiffs claimed that the significant under-representation in the House had violated the principle of “no taxation without representation” plus their (1) right to equal representation under the Constitution Article I, § 2; (2) right to vote in presidential elections guaranteed by Article II, § 1; (3) privileges guaranteed by Article IV, § 2; (4) Freedom of Speech guaranteed by the First Amendment; (5) Due Process guaranteed by the Fifth Amendment; (6) Due Process and Equal Protection rights under the Fourteenth Amendment § 1; and (7) right to equal vote under the Fourteenth Amendment § 2.

The complaint explained that based on the current law and the 2010 Census, Wyoming is guaranteed one seat for its population of 563,626, while New York State gets only 27 for its population of 19,378,561, i.e. 717,707 per house seat. If New York had been allocated one seat per 563,626, same as Wyoming, New York should have had 34.4 seats. Therefore, per the complaint, New York residents had been severely under-represented by at least seven seats, or 21%, which was a direct result of the Apportionment Acts. Using 1990, 2000, and 2010 census data and mathematical equations, plaintiffs offered what they claimed to be more appropriate state-by-state representation. Plaintiffs claimed that the requested relief was needed to restore “Every American’s right to equal representation … and equal vote in any election.”

After several failed attempts, the clerk of the court accepted plaintiffs' first amended complaint on February 11, 2019. Subsequently, on June 7, 2019, defendants moved to dismiss the amended complaint due to lack of subject matter jurisdiction because the Supreme Court has already upheld Congress’s chosen method of apportionment against constitutional attack. Defendants also moved to dismiss for lack of standing due to their failure to allege any injury that distinguished them from the vast majority of citizens and a failure to allege that any possible alleged harm was caused by the individual defendants’ actions, and because the relief sought would not address the harms alleged. The defendants also alleged that plaintiffs’ claims were barred by sovereign immunity and absolute immunity. The defendants also alleged that the court lacked personal jurisdiction over three of the four individual defendants because the plaintiffs did not allege sufficient contacts by those individuals with the Southern District of New York.

On July 7, 2019, the plaintiffs moved to amend their complaint to add 223 individuals from 40 states who joined the lawsuit as co-plaintiffs by signing an online affidavit.

On September 3, 2019, the trial court judge granted defendants’ motion to dismiss and denied plaintiffs’ motion for leave to amend to add new plaintiffs. The judge found that plaintiffs had not suffered an injury in fact that conferred standing to challenge the Apportionment Acts, and that EVA had no protectable interest at all because it does not vote and was not entitled to any representation because the right to vote is a citizen’s right to vote. EVA also failed to qualify for associational standing because it failed to identify by name at least one member with standing. The judge went on to explain that even if plaintiffs had passed that threshold, the courts routinely rejected claims based on generalized voter standing because the alleged injuries are not distinct and concrete and are shared with the general voting population. The judge also found that plaintiffs failed to establish a causal nexus between their injuries and defendants’ conduct and failed to establish the court’s ability to redress the plaintiff’s alleged injuries. The judge explained that because of the separation of powers, the judiciary could not force the legislature to enact new apportionment laws. In addition, defendants had sovereign and absolute immunity that had not been waived and therefore barred this suit. The judge agreed with defendants that the addition of new plaintiffs was futile and denied with prejudice the plaintiffs’ motion for leave to amend its complaint.

On September 23, 2019, plaintiffs appealed. On October 28, 2020, the 2nd Circuit issued a summary order without precedential effect. The court affirmed the dismissal but remanded the case to the lower court to amend the judgment dismissing the individual plaintiff’s complaint without prejudice. The appellate court agreed with the lower court's decision on lack of standing because there was no legally protected interest that was concrete and particularized; because there was no traceable, direct causation; and because the proposed remedies would not provide the requested relief. The dismissal for lack of standing, however, cannot be dismissed with prejudice—it must be dismissed without prejudice. When the lower court took no action, the 2nd Circuit issued a mandate to the lower court. Despite the order and mandate, the lower court never amended its judgment to allow the plaintiff to amend his complaint.

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Summary Authors

(9/9/2024)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/14597248/parties/liu-v-congress/

Judge(s)

McMahon, Colleen (New York)

Attorney for Plaintiff

Liu, Lewis Y. (New York)

Liu, Yu-Xi (New York)

Attorney for Defendant

Kochevar, Steven John (New York)

Expert/Monitor/Master/Other

Berman, Geoffrey S.

Judge(s)

McMahon, Colleen (New York)

Attorney for Plaintiff

Liu, Lewis Y. (New York)

Liu, Yu-Xi (New York)

Attorney for Defendant

Kochevar, Steven John (New York)

Expert/Monitor/Master/Other

Berman, Geoffrey S.

Menashi, Steven James

Strauss, Audrey

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
1 1:19-cv-00311	Complaint Equal Vote America Corp. v. Congress	Jan. 11, 2019	Jan. 11, 2019 Complaint
9 1:19-cv-00311	Amended Complaint Equal Vote America Corp. v. Congress	Feb. 11, 2019	Feb. 11, 2019 Complaint
22 1:19-cv-00311	Memorandum of Law in Support of Defendants' Motion to Dismiss Plaintiffs' Amended Complaint Equal Vote America Corp. v. Congress	June 7, 2019	June 7, 2019 Pleading / Motion / Brief
24 1:19-cv-00311	Plaintiff's Motion to Amend Complaint to Add Parties Equal Vote America Corp. v. Congress	July 8, 2019	July 8, 2019 Pleading / Motion / Brief
26 1:19-cv-00311	Plaintiff's Memorandum of Law In Opposition to Defendants' Motion to Dismiss Equal Vote America Corp. v. Congress	July 8, 2019	July 8, 2019 Pleading / Motion / Brief
27 1:19-cv-00311	Memorandum of Law in Opposition to Plaintiffs' Motion to Amend Complaint to Add Parties Equal Vote America Corp. v. Congress	July 18, 2019	July 18, 2019 Pleading / Motion / Brief
28 1:19-cv-00311	Reply Memorandum of Law in Support of Defendants' Motion to Dismiss Plaintiffs' Amended Complaint Equal Vote America Corp. v. Congress	July 24, 2019	July 24, 2019 Pleading / Motion / Brief
29 1:19-cv-00311	Memorandum Decision and Order Granting Defendants' Motion to Dismiss and Denying Plaintiffs' Motion for Leave to Amend Equal Vote America Corp. v. Congress	Sept. 3, 2019	Sept. 3, 2019 Order/Opinion 397 F.Supp.3d 503
30 1:19-cv-00311	Judgment Equal Vote America Corp. v. Congress	Sept. 4, 2019	Sept. 4, 2019 Order/Opinion
34 1:19-cv-00311	Summary Order Liu v. Congress U.S. Court of Appeals for the Second Circuit	Oct. 28, 2020	Oct. 28, 2020 Order/Opinion 834 Fed.Appx. 600

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/14597248/liu-v-congress/

Last updated Sept. 5, 2024, 2:57 p.m.

ECF Number	Description	Date	Link Date / Link
1	FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR - COMPLAINT against LEWIS Y LIU. (Filing Fee $ 400.00, Receipt Number ANYSDC-16175181)Document filed by LEWIS Y LIU.(Liu, Yu-Xi) Modified on 1/14/2019 (jgo). (Entered: 01/11/2019)	Jan. 11, 2019	Jan. 11, 2019 Clearinghouse
2	FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST As To - REQUEST FOR ISSUANCE OF SUMMONS as to Lewis Y. Liu, re: 1 Complaint. Document filed by LEWIS Y LIU. (Liu, Yu-Xi) Modified on 1/14/2019 (jgo). (Entered: 01/11/2019)	Jan. 11, 2019	Jan. 11, 2019 PACER
3	FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed. (Liu, Yu-Xi) Modified on 1/14/2019 (jgo). (Entered: 01/11/2019)	Jan. 11, 2019	Jan. 11, 2019 PACER
	***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Yu-Xi Liu to RE-FILE re: Document No. 1 Complaint. The filing is deficient for the following reason(s): all of the parties listed on the pleading were not entered on CM ECF. Add parties Equal Vote America Corp., and, Congress; the wrong party/parties whom the pleading is against were selected; all of the filers were not selected for the pleading. Docket the event type Add Party to Pleading found under the event list Complaints and Other Initiating Documents.. Re-file the pleading using the event type Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (jgo)	Jan. 14, 2019	Jan. 14, 2019 PACER
	***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Yu-Xi Liu to RE-FILE Document No. 3 Civil Cover Sheet. The filing is deficient for the following reason(s): the PDF case caption does not exactly match initial pleading caption; Nature of Suit code - multiple selections; Jury Demand code - no selection; Office code - no selection; the PDF was not signed or dated by the attorney;. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. Use civil cover sheet issued by S.D.N.Y. dated June 2017. The S.D.N.Y. Civil Cover Sheet dated June 2017 is located athttp://nysd.uscourts.gov/file/forms/civil-cover-sheet.. (jgo)	Jan. 14, 2019	Jan. 14, 2019 PACER
	***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Yu-Xi Liu. The following case opening statistical information was erroneously selected/entered: Cause of Action code 28:1331; Fee Status code due (due);. The following correction(s) have been made to your case entry: the Cause of Action code has been modified to 28:2403; the Fee Status code has been modified to pd (paid);. (jgo)	Jan. 14, 2019	Jan. 14, 2019 PACER
	***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Yu-Xi Liu. The party information for the following party/parties has been modified: Lewis Y. Liu. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps; party role was entered incorrectly;. (jgo)	Jan. 14, 2019	Jan. 14, 2019 PACER
	CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Colleen McMahon. Please download and review the Individual Practices of the assigned District Judge, located at http://nysd.uscourts.gov/judges/District. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at http://nysd.uscourts.gov/ecf_filing.php. (jgo)	Jan. 14, 2019	Jan. 14, 2019 PACER
	Magistrate Judge Sarah Netburn is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: http://nysd.uscourts.gov/forms.php. (jgo)	Jan. 14, 2019	Jan. 14, 2019 PACER
	Case Designated ECF. (jgo)	Jan. 14, 2019	Jan. 14, 2019 PACER
	***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Yu-Xi Liu to RE-FILE Document No. 2 Request for Issuance of Summons. The filing is deficient for the following reason(s): party name on 'as to' docket entry text is incorrect; the PDF 'To' section must name the party(ies) whom summons is for;. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (jgo)	Jan. 14, 2019	Jan. 14, 2019 PACER
	ADD PARTY FOR PLEADING. Plaintiffs/Petitioners Lewis Y. Liu added. Party added pursuant to 1 Complaint,.Document filed by Lewis Y. Liu. Related document: 1 Complaint,.(Liu, Yu-Xi)	Feb. 4, 2019	Feb. 4, 2019 PACER
4	FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST As To - REQUEST FOR ISSUANCE OF SUMMONS as to Nancy Pelosi, Kevin McCarthy, Mitch McConnell, Charles Schumer, and Congress, re: 1 Complaint,. Document filed by Lewis Y. Liu. (Liu, Yu-Xi) Modified on 2/5/2019 (dnh). (Entered: 02/04/2019)	Feb. 4, 2019	Feb. 4, 2019 PACER
5	ORDER SCHEDULING AN INITIAL PRETRIAL CONFERENCE: Initial Conference set for 4/5/2019 at 10:30 AM in Courtroom 24A, 500 Pearl Street, New York, NY 10007 before Judge Colleen McMahon. (As further set forth in this order) (Signed by Judge Colleen McMahon on 2/4/2019) (ne) (Entered: 02/04/2019)	Feb. 4, 2019	Feb. 4, 2019 PACER
	***NOTICE TO ATTORNEY REGARDING REMOVAL OF PARTY. Notice to attorney Yu-Xi Liu. The following party/parties has been removed from this case: Hon. Nancy Pelosi ; Kevin McCarthy; Mitch McConnell ; Charles Schumer. The party was added to the case in error. (dnh)	Feb. 5, 2019	Feb. 5, 2019 PACER
	***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Yu-Xi Liu to RE-FILE Document No. 4 Request for Issuance of Summons. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the issuance of summons is not correct. 'As to' Error; Summons may only be requested for parties of record.. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (dnh)	Feb. 5, 2019	Feb. 5, 2019 PACER
6	FILING ERROR - DEFICIENT PLEADING - FILER ERROR - COMPLAINT against Congress. Document filed by Equal Vote America Corp.(Liu, Yu-Xi) Modified on 2/11/2019 (sj). (Entered: 02/08/2019)	Feb. 8, 2019	Feb. 8, 2019 PACER
	ADD PARTY FOR PLEADING. Defendants/Respondents Nancy Pelosi, Kevin McCarthy, Mitch McConnell, Charles Schumer added. Party added pursuant to 6 Complaint, 1 Complaint,.Document filed by Equal Vote America Corp. Related document: 6 Complaint, 1 Complaint,.(Liu, Yu-Xi)	Feb. 8, 2019	Feb. 8, 2019 PACER
7	FILING ERROR - DEFICIENT PLEADING - FILER ERROR - FIRST AMENDED COMPLAINT amending 6 Complaint, 1 Complaint, against Congress, Kevin McCarthy, Mitch McConnell, Nancy Pelosi, Charles Schumer.Document filed by Equal Vote America Corp. Related document: 6 Complaint, 1 Complaint.(Liu, Yu-Xi) Modified on 2/11/2019 (sj). (Entered: 02/08/2019)	Feb. 8, 2019	Feb. 8, 2019 PACER
8	REQUEST FOR ISSUANCE OF SUMMONS as to Congress, Nancy Pelosi, Kevin McCarthy, Mitch McConnell, and Charles Schumer, re: 7 Amended Complaint, 6 Complaint, 1 Complaint,. Document filed by Equal Vote America Corp. (Liu, Yu-Xi) (Entered: 02/08/2019)	Feb. 8, 2019	Feb. 8, 2019 PACER
	***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Yu-Xi Liu. The party information for the following party/parties has been modified: Nancy Pelosi; Kevin McCarthy; Mitch McConnell; Charles Schumer. The information for the party/parties has been modified for the following reason/reasons: party text was omitted. (sj)	Feb. 11, 2019	Feb. 11, 2019 PACER
	***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Yu-Xi Liu to RE-FILE Document No. 7 Amended Complaint. The filing is deficient for the following reason(s): the wrong filer/filers were selected for the pleading. Re-file the pleading using the event type Amended Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (sj)	Feb. 11, 2019	Feb. 11, 2019 PACER
	***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Liu, Yu-Xi to RE-FILE Document No. 8 Request for Issuance of Summons. The filing is deficient for the following reason(s): The summons requested was not processed due to the deficient pleading. Please file your request for summons when you correct and refile your pleading. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (sj)	Feb. 11, 2019	Feb. 11, 2019 PACER
9	FIRST AMENDED COMPLAINT amending 7 Amended Complaint, 6 Complaint, 1 Complaint, against Congress, Kevin McCarthy, Mitch McConnell, Nancy Pelosi, Charles Schumer.Document filed by Lewis Y. Liu, Equal Vote America Corp. Related document: 7 Amended Complaint, 6 Complaint, 1 Complaint,.(Liu, Yu-Xi) (Entered: 02/11/2019)	Feb. 11, 2019	Feb. 11, 2019 Clearinghouse
10	REQUEST FOR ISSUANCE OF SUMMONS as to Congress, Nancy Pelosi, Kevin McCarthy, Mitch McConnell, and Charles Schumer, re: 9 Amended Complaint, 7 Amended Complaint, 6 Complaint, 1 Complaint,. Document filed by Equal Vote America Corp, Lewis Y. Liu. (Liu, Yu-Xi) Modified on 2/12/2019 (pc). Modified on 2/12/2019 (pc). (Entered: 02/11/2019)	Feb. 11, 2019	Feb. 11, 2019 PACER
11	ELECTRONIC SUMMONS ISSUED as to Congress, Kevin McCarthy, Mitch McConnell, Nancy Pelosi, Charles Schumer. (pc) (Entered: 02/12/2019)	Feb. 12, 2019	Feb. 12, 2019 PACER
12	LETTER MOTION for Extension of Time and Adjournment of Initial Conference addressed to Judge Colleen McMahon from Steven J. Kochevar dated 03/04/2019. Document filed by Congress, Kevin McCarthy, Mitch McConnell, Nancy Pelosi, Charles Schumer.(Kochevar, Steven) (Entered: 03/04/2019)	March 4, 2019	March 4, 2019 PACER
13	ORDER granting 12 Letter Motion for Extension of Time. Extension of time to file CMPlan OK, but I want to conference this case on 4/26/19 at 11:00 a.m. (Signed by Judge Colleen McMahon on 3/5/2019) (mml) (Entered: 03/05/2019)	March 5, 2019	March 5, 2019 PACER
	Set/Reset Hearings: Status Conference set for 4/26/2019 at 11:00 AM before Judge Colleen McMahon. (mml)	March 5, 2019	March 5, 2019 PACER
14	FIRST RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Equal Vote America Corp, Lewis Y. Liu.(Liu, Yu-Xi) (Entered: 04/05/2019)	April 5, 2019	April 5, 2019 PACER
15	AFFIDAVIT OF SERVICE. Congress served on 2/15/2019, answer due 3/8/2019. Service was accepted by Robert Edmonton. Document filed by Lewis Y. Liu; Equal Vote America Corp. (Liu, Yu-Xi) (Entered: 04/08/2019)	April 8, 2019	April 8, 2019 PACER
16	CERTIFICATE OF SERVICE. Nancy Pelosi served on 2/15/2019, answer due 3/8/2019. Service was accepted by Robert Edmonton, Chief of Staff. Document filed by Lewis Y. Liu; Equal Vote America Corp., AFFIDAVIT OF SERVICE of Amended Complaint served on Nancy Pelosi on 2/15/2019. Service was accepted by Robert Edmonton, Chief of Staff. Document filed by Lewis Y. Liu; Equal Vote America Corp. (Liu, Yu-Xi) (Entered: 04/08/2019)	April 8, 2019	April 8, 2019 PACER
17	AFFIDAVIT OF SERVICE. Kevin McCarthy served on 2/15/2019, answer due 3/8/2019. Service was accepted by Trevor Smith. Document filed by Lewis Y. Liu; Equal Vote America Corp. (Liu, Yu-Xi) (Entered: 04/08/2019)	April 8, 2019	April 8, 2019 PACER
18	AFFIDAVIT OF SERVICE. Charles Schumer served on 2/15/2019, answer due 3/8/2019. Service was accepted by Morgan Frankel. Document filed by Lewis Y. Liu; Equal Vote America Corp. (Liu, Yu-Xi) (Entered: 04/08/2019)	April 8, 2019	April 8, 2019 PACER
19	AFFIDAVIT OF SERVICE. Mitch McConnell served on 2/15/2019, answer due 3/8/2019. Service was accepted by Morgan Frankel. Document filed by Lewis Y. Liu; Equal Vote America Corp. (Liu, Yu-Xi) (Entered: 04/08/2019)	April 8, 2019	April 8, 2019 PACER
20	CONSENT TO BECOME PARTY PLAINTIFF. Document filed by Equal Vote America Corp, Lewis Y. Liu.(Liu, Yu-Xi) (Entered: 04/25/2019)	April 25, 2019	April 25, 2019 RECAP
	Minute Entry for proceedings held before Judge Colleen McMahon: Initial Pretrial Conference held on 4/26/2019. Decision: Initial conference. Government to make motion to dismiss by June 7, 2019. Plaintiffs opposition due by July 10, 2019. Governments reply due by July 24, 2019. Submitted by: Kyla Magun. (mde)	April 26, 2019	April 26, 2019 PACER
21	MOTION to Dismiss . Document filed by Congress, Kevin McCarthy, Mitch McConnell, Nancy Pelosi, Charles Schumer.(Kochevar, Steven) (Entered: 06/07/2019)	June 7, 2019	June 7, 2019 Clearinghouse
22	MEMORANDUM OF LAW in Support re: 21 MOTION to Dismiss . . Document filed by Congress, Kevin McCarthy, Mitch McConnell, Nancy Pelosi, Charles Schumer. (Kochevar, Steven) (Entered: 06/07/2019)	June 7, 2019	June 7, 2019 Clearinghouse
23	FIRST MOTION to Amend/Correct 9 Amended Complaint, . Document filed by Equal Vote America Corp, Lewis Y. Liu.(Liu, Yu-Xi) (Entered: 07/08/2019)	July 8, 2019	July 8, 2019 RECAP
24	MEMORANDUM OF LAW in Support re: 23 FIRST MOTION to Amend/Correct 9 Amended Complaint, . . Document filed by Equal Vote America Corp, Lewis Y. Liu. (Attachments: # 1 Exhibit proposed 2nd Amended Complaint)(Liu, Yu-Xi) (Entered: 07/08/2019) 1 Exhibit proposed 2nd Amended Complaint View on RECAP	July 8, 2019	July 8, 2019 Clearinghouse
25	DECLARATION of Lewis Y. Liu in Opposition re: 21 MOTION to Dismiss .. Document filed by Equal Vote America Corp, Lewis Y. Liu. (Liu, Yu-Xi) (Entered: 07/08/2019)	July 8, 2019	July 8, 2019 RECAP
26	MEMORANDUM OF LAW in Opposition re: 21 MOTION to Dismiss . . Document filed by Equal Vote America Corp, Lewis Y. Liu. (Liu, Yu-Xi) (Entered: 07/08/2019)	July 8, 2019	July 8, 2019 Clearinghouse
27	MEMORANDUM OF LAW in Opposition re: 23 FIRST MOTION to Amend/Correct 9 Amended Complaint, . . Document filed by Congress, Kevin McCarthy, Mitch McConnell, Nancy Pelosi, Charles Schumer. (Kochevar, Steven) (Entered: 07/18/2019)	July 18, 2019	July 18, 2019 Clearinghouse
28	REPLY MEMORANDUM OF LAW in Support re: 21 MOTION to Dismiss . . Document filed by Congress, Kevin McCarthy, Mitch McConnell, Nancy Pelosi, Charles Schumer. (Kochevar, Steven) (Entered: 07/24/2019)	July 24, 2019	July 24, 2019 Clearinghouse
29	MEMORANDUM DECISION AND ORDER GRANTING DEFENDANTS' MOTION TO DISMISS AND DENYING PLAINTIFFS' MOTION FOR LEAVE TO AMEND granting 21 Motion to Dismiss; denying 23 Motion to Amend/Correct. Defendants' Motion to Dismiss is GRANTED in full, and with prejudice. Plaintiffs' Motion to Amend is DENIED. This constitutes the written opinion and order of the Court. The Clerk of Court is respectfully requested to close the motions at Docket Numbers 21 and 23. (Signed by Judge Colleen McMahon on 9/3/2019) (mml) Transmission to Orders and Judgments Clerk for processing. (Entered: 09/03/2019)	Sept. 3, 2019	Sept. 3, 2019 Clearinghouse
30	CLERK'S JUDGMENT re: 29 Order on Motion to Dismiss in favor of Congress, Charles Schumer, Kevin McCarthy, Lewis Y. Liu, Mitch McConnell, Nancy Pelosi against Equal Vote America Corp, Lewis Y. Liu. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Memorandum Decision and Order dated September 3, 2019, Defendants' Motion to Dismiss is GRANTED in full, and with prejudice. Plaintiffs' Motion to Amend is DENIED. (Signed by Clerk of Court Ruby Krajick on 9/4/2019) (Attachments: # 1 Right to Appeal)(km) (Entered: 09/04/2019) 1 Right to Appeal View on RECAP	Sept. 4, 2019	Sept. 4, 2019 Clearinghouse
31	NOTICE OF APPEAL from 29 Order on Motion to Dismiss, Order on Motion to Amend/Correct, 30 Clerk's Judgment. Document filed by Lewis Y. Liu. Filing fee $ 505.00, receipt number 465401244702. Form D-P is due within 14 days to the Court of Appeals, Second Circuit. (tp) (Entered: 09/23/2019)	Sept. 23, 2019	Sept. 23, 2019 Clearinghouse
	Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: 31 Notice of Appeal. (tp)	Sept. 23, 2019	Sept. 23, 2019 PACER
	Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for 31 Notice of Appeal, filed by Lewis Y. Liu were transmitted to the U.S. Court of Appeals. (tp)	Sept. 23, 2019	Sept. 23, 2019 PACER
32	NOTICE OF APPEARANCE PRO SE by Lewis Y. Liu. (sc) (Entered: 09/24/2019)	Sept. 23, 2019	Sept. 23, 2019 PACER
33	PRO SE CONSENT TO RECEIVE ELECTRONIC SERVICE. The following party: Lewis Y. Liu consents to receive electronic service via the ECF system. Document filed by Lewis Y. Liu.(sc) (Entered: 09/24/2019)	Sept. 23, 2019	Sept. 23, 2019 PACER
34	TRUE COPY ORDER of USCA as to 31 Notice of Appeal, filed by Lewis Y. Liu. USCA Case Number 19-3054. Upon due consideration, it is hereby ORDERED, ADJUDGED, and DECREED that the judgment of the district court granting Appellees' motion to dismiss is AFFIRMED and the case is REMANDED for the limited purpose of amending the judgment to dismiss Liu's complaint without prejudice.. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Certified: 10/28/2020..(nd) (Entered: 10/28/2020)	Oct. 28, 2020	Oct. 28, 2020 Clearinghouse
	Transmission of USCA Order to the District Judge re: 34 USCA Order,..(nd)	Oct. 28, 2020	Oct. 28, 2020 PACER
35	MANDATE of USCA (Certified Copy) as to 31 Notice of Appeal, filed by Lewis Y. Liu. USCA Case Number 19-3054. Upon due consideration, it is hereby ORDERED, ADJUDGED, and DECREED that the judgment of the district court granting Appellees' motion to dismiss is AFFIRMED and the case is REMANDED for the limited purpose of amending the judgment to dismiss Liu's complaint without prejudice.. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 12/16/2020..(nd) (Entered: 12/16/2020)	Dec. 16, 2020	Dec. 16, 2020 Clearinghouse
	Transmission of USCA Mandate to the District Judge re: 35 USCA Mandate,,..(nd)	Dec. 16, 2020	Dec. 16, 2020 PACER

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Case Details

State / Territory: New York

Case Type(s):

Election/Voting Rights

Key Dates

Filing Date: Jan. 11, 2019

Closing Date: Dec. 16, 2020

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A nonprofit corporation "Equal Vote America Corp." with the purported mission of educating the general public on voting rights and promoting voter participation in the election process was a plaintiff. In addition, Lewis Y. Lieu, an individual was a plaintiff. Later, a motion was filed to add more than 200 individual citizens from 40 states as plaintiffs in this case.

Plaintiff Type(s):

Non-profit NON-religious organization

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Speaker of the U.S. House, Minority Leader of U.S. House, Senate Majority Leader, Senate Minority Leader, Federal

United States Congress, Federal

Defendant Type(s):

Jurisdiction-wide

Case Details