Case: Fox v. Detzner

4:18-cv-00529 | U.S. District Court for the Northern District of Florida

Filed Date: Nov. 13, 2018

Closed Date: April 2, 2019

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Case Summary

On November 13, 2018, seven registered Florida voters filed suit against Florida Secretary of State, Director of the Florida Division of Elections, and numerous county Supervisors of Elections in the U.S. District Court for the Northern District of Florida. Plaintiffs, represented by private counsel, sought to compel Florida election officials to comply with their duties to preserve election ballot materials (specifically, ballot images produced by digital scanning voting equipment) for 22 months following every federal election. Plaintiffs filed suit under 42 U.S.C. § 1983, alleging violations of federal law, 52 U.S.C. § 20701; Florida’s General Records Schedule GS3 for Election Records, Item #113, authorized by Florida Statute §101.545; and the Equal Protection clause of the Fourteenth Amendment to the U.S. Constitution. Plaintiffs alleged that many Florida counties were using digital scanners to count digital images of ballots rather than paper ballots and that digital ballot images constituted counted ballots under federal and state law, and thus constituted election material that must be preserved for at least 22 months. Plaintiffs sought a writ of mandamus and temporary restraining order, asserting that scheduled statewide recounts would cause unpreserved digital ballot images to be obliterated and overwritten by the tabulation of recounted ballots.

On November 16, 2018, the Court denied the request for mandamus, holding a federal court lacks the general power to issue writs of mandamus to direct state officers in the performance of their duties when mandamus is the only relief sought. The Court also denied the request for temporary restraining order, finding Plaintiffs had not explained why notice should not be given to the defendants.

On December 26, 2018, Plaintiffs filed an amended complaint, alleging the same causes of action but also seeking to certify (if necessary) a class of defendants comprised of the Supervisors of Elections of the 64 Florida counties using digital voting equipment that created digital electronic ballot images. Plaintiffs alleged that all but three of the 67 Florida counties used digital scan voting machines that count the digital images of ballots rather than the paper images themselves, and that the machines used by most of those counties had a software setting that allowed them to save “All Processed Images,” but Florida elections supervisors or staff members under their supervision in most Florida counties had been allowing the destruction of ballot images in the 2018 general election. Plaintiffs alleged this created a dual system in which some election officials were preserving ballot images while others in the same Congressional Districts chose to destroy the ballot images, violating federal and state law and the Fourteenth Amendment.

On the same day, Plaintiffs filed a motion for preliminary injunction, seeking to require: (1) the Secretary of State and Director of Florida Division of Elections to inform local election officials that they were required to preserve digital ballot images and associated electronic files of the November 6, 2018 general election and U.S. Senate recount, and audits; and (2) Defendant Supervisors of Elections to preserve all digital ballot images from the November 6, 2018 general election, the 2018 U.S. Senate recounts, and all federal elections from hereon for 22 months following a federal election, and to make those images available upon the filing of records requests.

On December 30, 2018, Plaintiffs dropped two defendants, the Supervisors of Elections for St. Lucie and Monroe Counties, who had confirmed they were preserving digital ballot images.

The remaining defendants sought extension of time to respond to Plaintiffs’ motion for preliminary injunction and reached agreement with Plaintiffs’ counsel regarding the preservation of records pending the resolution of the litigation.

On February 12, 2019, two groups of Defendants filed motions to dismiss for failure to state a claim. The Supervisor of Election Defendants argued that 52 U.S.C. § 20701 did not provide a direct right of action nor create a federal right for purposes of enforcement via 42 U.S.C. § 1983; (2) the Court lacked original federal question jurisdiction over the SOE Defendants and should decline to exercise supplemental jurisdiction over a purely state law claim; and (3) Plaintiffs lacked standing to assert claims against certain SOE Defendants because Plaintiffs were not voters in Congressional Districts within those SOE Defendants’ jurisdictions. The State defendants argued this was a records retention case, not a voting rights case. They asserted that the county SOEs were maintaining paper ballots; Plaintiffs were seeking to impose an additional requirement to preserve ballot images. The State defendants sought dismissal on grounds that Plaintiffs lacked a private enforceable right under the referenced record retention laws and had not pled a claim for relief against the State Defendants for the constitutional claim, as plaintiffs had not alleged a burden on their right to vote, had not alleged a fundamental unfairness in election procedures, and had not alleged intentional or purposeful discrimination.

On February 27, 2019, Plaintiffs filed their opposition to the motions to dismiss. Plaintiffs argued (1) they were entitled to bring an action to enforce 52 U.S.C. § 20701, because Congress created this criminal statute to protect and preserve the rights of voters as an identifiable class, of which Plaintiffs were a part; (2) they had alleged a violation of a federal right, as required to state a section 1983 claim, because the statutory mandate of § 20701, which protects voters’ rights by guaranteeing the integrity and transparency of the electoral process, gives rise to a federal right; and (3) they had standing to enforce the protections of § 20701, because they had voted in a statewide election and had standing to protect the voters’ right to ballot integrity and transparency throughout the state (not only in the congressional districts in which they reside); and (4) the Court had supplemental jurisdiction over the Florida state statutory claim, which was based on the same facts as the federal statutory claim.

On April 2, 2019, the District Court granted Defendants’ motions to dismiss. The Court held that the federal statutory claim failed because 52 U.S.C. § 20701 did not confer a private right of action; because the statute did not confer a private right of action, Plaintiffs’ equal protection claim failed, as well. As such, there was no federal right to enforce under Section 1983. The Court declined to exercise supplement jurisdiction over Plaintiffs’ pure state law claim. The Court denied Plaintiffs' motion for preliminary injunction as moot.

The Clerk entered Judgment, dismissing Plaintiffs’ federal claims against Defendants with prejudice and Plaintiffs’ state claim without prejudice, on April 2, 2019.

This case is now closed.

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Summary Authors

Jamie Isani (2/20/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/8185705/parties/fox-v-lee/

Judge(s)

Attorney for Plaintiff

Attorney for Defendant

DAVIS, ASHLEY E (Florida)

ELDER, ELYSSE A (Florida)

FIGLIO, ERIK MATTHEW (Florida)

Harrod, Rene Devlin (Florida)

JOHNSON, DIANA MASTERS (Florida)

Judge(s)

Walker, Mark Eaton (Florida)

Attorney for Plaintiff

Kuehne, Benedict P. (Florida)

Attorney for Defendant

DAVIS, ASHLEY E (Florida)

ELDER, ELYSSE A (Florida)

FIGLIO, ERIK MATTHEW (Florida)

Harrod, Rene Devlin (Florida)

JOHNSON, DIANA MASTERS (Florida)

JR, ANTHONY LEE (Florida)

KLITSBERG, NATHANIEL ADAM (Florida)

Labasky, Ronald Albert (Florida)

LAVIA, JOHN T (Florida)

MARI, FRANK MICHAEL (Florida)

MCVAY, BRADLEY ROBERT (Florida)

PAYNE, JACOB JUSTIN (Florida)

Pinkstaff, Tiffiny Douglas (Florida)

SCOTT, DALE A (Florida)

SHANNIN, NICHOLAS ARI (Florida)

VICARI, KELLY LYNN (Florida)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
1 4:18-cv-00529	Complaint in Mandamus and Request for Expedited Consideration	Nov. 13, 2018	Nov. 13, 2018 Complaint
6 4:18-cv-00529	Order Denying Plaintiffs' Request for Writ of Mandate and Motion for Temporary Restraining Order	Nov. 16, 2018	Nov. 16, 2018 Order/Opinion
26 4:18-cv-00529	Supplement to Order Denying Plaintiffs' Motion Directing Plaintiffs to File Notice on How to Proceed	Nov. 19, 2018	Nov. 19, 2018 Order/Opinion
27 4:18-cv-00529	Plaintiffs' Submission in Compliance With Supplement to Order Denying Plaintiffs' Motion Directing Plaintiffs to File Notice on How to Proceed	Nov. 20, 2018	Nov. 20, 2018 Pleading / Motion / Brief
33 4:18-cv-00529	Notice of Filing Exhibits for Memorandum in Support of Motion for Preliminary Injunction (Exs. 1-10)	Dec. 26, 2018	Dec. 26, 2018 Pleading / Motion / Brief
28 4:18-cv-00529	Amended Complaint	Dec. 26, 2018	Dec. 26, 2018 Complaint
30 4:18-cv-00529	Plaintiffs' Motion for Preliminary Injunction	Dec. 26, 2018	Dec. 26, 2018 Pleading / Motion / Brief
34 4:18-cv-00529	Notice of Filing Exhibits for Memorandum in Support of Motion for Preliminary Injunction (Exs. 11-20)	Dec. 26, 2018	Dec. 26, 2018 Pleading / Motion / Brief
35 4:18-cv-00529	Notice of Filing Exhibits for Memorandum in Support of Motion for Preliminary Injunction (Exs. 21-30)	Dec. 26, 2018	Dec. 26, 2018 Pleading / Motion / Brief
36 4:18-cv-00529	Notice of Filing Transcript of November 17, 2018 Broward County Canvassing Board	Dec. 26, 2018	Dec. 26, 2018 Pleading / Motion / Brief

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/8185705/fox-v-lee/

Last updated Aug. 7, 2025, 3:04 a.m.

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT in Mandamus and Request for Expedited Consideration against All Defendants ( Filing fee $ 400 receipt number AFLNDC-4333289.), filed by Ryan Ross, Nathan Gant, Mike Fox, Jeff Richards, James Shawn Hunter, Gregory Nason, Susan Pynchon. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet, # 2 Exhibit Summons, Secretary of State, # 3 Exhibit Summons, Florid Division of Elections, # 4 Exhibit Summons, SOE Debra Clark, # 5 Exhibit Summons, SOE Michael Ertel, # 6 Exhibit Summons, SOE Susan Gill, # 7 Exhibit Summons, SOE Lori Scott, # 8 Exhibit Summons, SOE Chris Chambless, # 9 Exhibit Summons, SOE Alan Hayes, # 10 Exhibit Summons, SOE Oakes, # 11 Exhibit Summons, SOE Mike Hogan, # 12 Exhibit Summons, SOE Tommy Doyle, # 13 Exhibit Summons, SOE Vicky Davis, # 14 Exhibit Summons, SOE Craig Latimer, # 15 Exhibit Summons, SOE Bill Cowles, # 16 Exhibit Summons, SOE Gertrude Walker, # 17 Exhibit Summons, SOE Brian Corley, # 18 Exhibit Summons, SOE R Joyce Griffin) (KUEHNE, BENEDICT) (Entered: 11/13/2018) 1 Civil Cover Sheet Civil Cover Sheet View on PACER 2 Exhibit Summons, Secretary of State View on PACER 3 Exhibit Summons, Florid Division of Elections View on PACER 4 Exhibit Summons, SOE Debra Clark View on PACER 5 Exhibit Summons, SOE Michael Ertel View on PACER 6 Exhibit Summons, SOE Susan Gill View on PACER 7 Exhibit Summons, SOE Lori Scott View on PACER 8 Exhibit Summons, SOE Chris Chambless View on PACER 9 Exhibit Summons, SOE Alan Hayes View on PACER 10 Exhibit Summons, SOE Oakes View on PACER 11 Exhibit Summons, SOE Mike Hogan View on PACER 12 Exhibit Summons, SOE Tommy Doyle View on PACER 13 Exhibit Summons, SOE Vicky Davis View on PACER 14 Exhibit Summons, SOE Craig Latimer View on PACER 15 Exhibit Summons, SOE Bill Cowles View on PACER 16 Exhibit Summons, SOE Gertrude Walker View on PACER 17 Exhibit Summons, SOE Brian Corley View on PACER 18 Exhibit Summons, SOE R Joyce Griffin View on PACER	Nov. 13, 2018	Nov. 13, 2018 Clearinghouse
2	DOCKET ANNOTATION BY COURT: To Attorney BENEDICT KUEHNE - re: 1 Complaint. Party names (including aliases) are to be added using all caps and no punctuation. (See "Style Guide for Electronic Case Filing," available on Clerk's website.) The party names will be corrected by the clerk. Further, counsel is advised by this entry, that a Civil Cover Sheet must be filed as a separate entry using the event selection "Civil Cover Sheet" which is found under "Other Filings" under "Other Documents". PLEASE RE-FILE THE CIVIL COVER SHEET. (cle) (Entered: 11/14/2018)	Nov. 14, 2018	Nov. 14, 2018 PACER
3	ORDER OF DISQUALIFICATION. I disqualify myself from this case. Signed by JUDGE ROBERT L HINKLE on 11/14/2018. (kjw) **Case reassigned to SENIOR JUDGE WILLIAM STAFFORD for all further proceedings. JUDGE ROBERT L HINKLE no longer assigned to case. Please use the new judge's initials for all future filings: 4:18cv529-WS/CAS. (Entered: 11/15/2018)	Nov. 14, 2018	Nov. 14, 2018 PACER
4	ORDER OF DISQUALIFICATION. I hereby disqualify myself from participation as a judge in this case. Signed by SENIOR JUDGE WILLIAM STAFFORD on 11/15/2018. (kjw) **Case reassigned to CHIEF JUDGE MARK E WALKER for all further proceedings. SENIOR JUDGE WILLIAM STAFFORD no longer assigned to case. Please use the new judge's initials for all future filings: 4:18cv529-MW/CAS. (Entered: 11/15/2018)	Nov. 15, 2018	Nov. 15, 2018 PACER
5	CIVIL COVER SHEET. (KUEHNE, BENEDICT) (Entered: 11/15/2018)	Nov. 15, 2018	Nov. 15, 2018 PACER
6	ORDER DENYING PLAINTIFFS' REQUEST FOR WRIT OF MANDAMUS AND MOTION FOR TEMPORARY RESTRAINING ORDER - re: 1 Complaint. Plaintiffs' request for a writ of mandamus is DENIED. Plaintiffs' motion for a temporary restraining order is DENIED with leave to amend in accordance with Rule 65. Signed by CHIEF JUDGE MARK E WALKER on 11/16/2018. (cle) (Entered: 11/16/2018)	Nov. 16, 2018	Nov. 16, 2018 Clearinghouse
7	NOTICE of Appearance by ERIK MATTHEW FIGLIO on behalf of KEN DETZNER (FIGLIO, ERIK) (Entered: 11/16/2018)	Nov. 16, 2018	Nov. 16, 2018 PACER
8	NOTICE of Appearance by ANTHONY LEE BAJOCZKY, JR on behalf of KEN DETZNER (BAJOCZKY, ANTHONY) (Entered: 11/16/2018)	Nov. 16, 2018	Nov. 16, 2018 PACER
9	Summons Issued as to KEN DETZNER. (cle) (Entered: 11/17/2018)	Nov. 17, 2018	Nov. 17, 2018 PACER
10	Summons Issued as to MARIA MATTHEWS. (cle) (Entered: 11/17/2018)	Nov. 17, 2018	Nov. 17, 2018 PACER
11	Summons Issued as to DEBRA CLARK. (cle) (Entered: 11/17/2018)	Nov. 17, 2018	Nov. 17, 2018 PACER
12	Summons Issued as to MICHAEL ERTEL. (cle) (Entered: 11/17/2018)	Nov. 17, 2018	Nov. 17, 2018 PACER
13	Summons Issued as to SUSAN GILL. (cle) (Entered: 11/17/2018)	Nov. 17, 2018	Nov. 17, 2018 PACER
14	Summons Issued as to LORI A SCOTT. (cle) (Entered: 11/17/2018)	Nov. 17, 2018	Nov. 17, 2018 PACER
15	Summons Issued as to CHRIS CHAMBLESS. (cle) (Entered: 11/17/2018)	Nov. 17, 2018	Nov. 17, 2018 PACER
16	Summons Issued as to ALAN HAYES. (cle) (Entered: 11/17/2018)	Nov. 17, 2018	Nov. 17, 2018 PACER
17	Summons Issued as to VICKY OAKES. (cle) (Entered: 11/17/2018)	Nov. 17, 2018	Nov. 17, 2018 PACER
18	Summons Issued as to MIKE HOGAN. (cle) (Entered: 11/17/2018)	Nov. 17, 2018	Nov. 17, 2018 PACER
19	Summons Issued as to TOMMY DOYLE. (cle) (Entered: 11/17/2018)	Nov. 17, 2018	Nov. 17, 2018 PACER
20	Summons Issued as to VICKY DAVIS. (cle) (Entered: 11/17/2018)	Nov. 17, 2018	Nov. 17, 2018 PACER
21	Summons Issued as to CRAIG LATIMER. (cle) (Entered: 11/17/2018)	Nov. 17, 2018	Nov. 17, 2018 PACER
22	Summons Issued as to BILL COWLES. (cle) (Entered: 11/17/2018)	Nov. 17, 2018	Nov. 17, 2018 PACER
23	Summons Issued as to GERTRUDE WALKER. (cle) (Entered: 11/17/2018)	Nov. 17, 2018	Nov. 17, 2018 PACER
24	Summons Issued as to BRIAN CORLEY. (cle) (Entered: 11/17/2018)	Nov. 17, 2018	Nov. 17, 2018 PACER
25	Summons Issued as to JOYCE R GRIFFIN. (cle) (Entered: 11/17/2018)	Nov. 17, 2018	Nov. 17, 2018 PACER
26	SUPPLEMENT TO ORDER DENYING PLAINTIFFS' MOTION DIRECTING PLAINTIFFS TO FILE NOTICE ON HOW TO PROCEED - re: 1 Complaint. Plaintiffs are directed to file a notice in this Court indicating how Plaintiffs intend to proceed and what they specifically request of this Court by 12:00 p.m. on 11/20/2018. Signed by CHIEF JUDGE MARK E WALKER on 11/19/2018. (cle) (Entered: 11/19/2018)	Nov. 19, 2018	Nov. 19, 2018 Clearinghouse
27	STATUS REPORT PLAINTIFFS SUBMISSION IN COMPLIANCE WITH SUPPLEMENT TO ORDER DENYING PLAINTIFFS MOTION DIRECTING PLAINTIFFS TO FILE NOTICE ON HOW TO PROCEED (DE26) by MIKE FOX, NATHAN GANT, JAMES SHAWN HUNTER, GREGORY NASON, SUSAN PYNCHON, JEFF RICHARDS, RYAN ROSS. (KUEHNE, BENEDICT) (Entered: 11/20/2018)	Nov. 20, 2018	Nov. 20, 2018 Clearinghouse
28	First AMENDED COMPLAINT for Declaratory Judgment and Injunctive Relief, and Seeking Defendant Class Action Certification against All Defendants filed by RYAN ROSS, NATHAN GANT, MIKE FOX, JEFF RICHARDS, JAMES SHAWN HUNTER, GREGORY NASON, SUSAN PYNCHON. (Attachments: # 1 Exhibit Summons, Broward SOE Antonacci, # 2 Exhibit Polk County SOE Edwards) (KUEHNE, BENEDICT) (Entered: 12/26/2018) 1 Exhibit Summons, Broward SOE Antonacci View on PACER 2 Exhibit Polk County SOE Edwards View on PACER	Dec. 26, 2018	Dec. 26, 2018 Clearinghouse
29	MOTION to Appear Pro Hac Vice by C. Christian Sautter.( Filing fee $ 201 receipt number AFLNDC-4364271.) by MIKE FOX, NATHAN GANT, JAMES SHAWN HUNTER, GREGORY NASON, SUSAN PYNCHON, JEFF RICHARDS, RYAN ROSS. (Attachments: # 1 Exhibit Certificate of Good Standing - Carl Christian Sautter) (KUEHNE, BENEDICT) (Entered: 12/26/2018)	Dec. 26, 2018	Dec. 26, 2018 PACER
30	MOTION for Preliminary Injunction by MIKE FOX, NATHAN GANT, JAMES SHAWN HUNTER, GREGORY NASON, SUSAN PYNCHON, JEFF RICHARDS, RYAN ROSS. (KUEHNE, BENEDICT) (Entered: 12/26/2018)	Dec. 26, 2018	Dec. 26, 2018 Clearinghouse
31	NOTICE of Filing Proposed Order on PHV DE29 by MIKE FOX, NATHAN GANT, JAMES SHAWN HUNTER, GREGORY NASON, SUSAN PYNCHON, JEFF RICHARDS, RYAN ROSS re 29 MOTION to Appear Pro Hac Vice by C. Christian Sautter.( Filing fee $ 201 receipt number AFLNDC-4364271.) (Attachments: # 1 Text of Proposed Order Proposed Order Granting PHV for C. Christian Sautter) (KUEHNE, BENEDICT) (Entered: 12/26/2018)	Dec. 26, 2018	Dec. 26, 2018 PACER
32	MEMORANDUM in Support re 30 MOTION for Preliminary Injunction by MIKE FOX, NATHAN GANT, JAMES SHAWN HUNTER, GREGORY NASON, SUSAN PYNCHON, JEFF RICHARDS, RYAN ROSS. (KUEHNE, BENEDICT) (Entered: 12/26/2018)	Dec. 26, 2018	Dec. 26, 2018 Clearinghouse
33	NOTICE of Filing Plaintiffs' Exhibits 1-10 to Memorandum Supporting Motion for Preliminary Injunction by MIKE FOX, NATHAN GANT, JAMES SHAWN HUNTER, GREGORY NASON, SUSAN PYNCHON, JEFF RICHARDS, RYAN ROSS re 32 Memorandum in Support (Attachments: # 1 Exhibit 1 - Transcript of Broward Canvassing Board, # 2 Exhibit 2 - Florida General Records Schedule GS3, # 3 Affidavit 3 - Affidavit Dr Ryan, # 4 Affidavit 4 - Affidavit John Brakey, # 5 Exhibit - ESS EAC Test Plan, # 6 Exhibit 6 - ESS Ballot Image Information, # 7 Affidavit 7 - Affidavit Susan Pynchon) (KUEHNE, BENEDICT) (Entered: 12/26/2018) 1 Exhibit 1 - Transcript of Broward Canvassing Board View on RECAP 2 Exhibit 2 - Florida General Records Schedule GS3 View on RECAP 3 Affidavit 3 - Affidavit Dr Ryan View on RECAP 4 Affidavit 4 - Affidavit John Brakey View on RECAP 5 Exhibit - ESS EAC Test Plan View on RECAP 6 Exhibit 6 - ESS Ballot Image Information View on RECAP 7 Affidavit 7 - Affidavit Susan Pynchon View on RECAP	Dec. 26, 2018	Dec. 26, 2018 Clearinghouse
34	NOTICE of Filing Plaintiffs' Exhibits 11-20 to Memorandum in Support of Motion for Prelimainry Injunction by MIKE FOX, NATHAN GANT, JAMES SHAWN HUNTER, GREGORY NASON, SUSAN PYNCHON, JEFF RICHARDS, RYAN ROSS re 32 Memorandum in Support (Attachments: # 1 Exhibit 11 - Audit USA Ballot Image Guide, # 2 Exhibit 12 - Kuehne Letter to Secretary of State, 10-19-2018, # 3 Exhibit 13 - Secretary of State Email to Kuehne 10-31-2018, # 4 Exhibit 14 - Division of Elections Director Email Reminder to SOEs, 10-31-2018, # 5 Exhibit 15 - Division of Elections Director Clarification Memo, 11-1-2018, # 6 Exhibit 18 - Enhancing the Election Process, 4-7-2015, # 7 Affidavit 19 - Affidavit James Hunter, # 8 Exhibit 16 - Lux Email to SOEs, 11-1-2018, # 9 Exhibit 17 - Labasky Memo to SOEs, 11-1-2018, # 10 Affidavit 20 - Affidavit, Nathan Gant) (KUEHNE, BENEDICT) (Entered: 12/26/2018) 1 Exhibit 11 - Audit USA Ballot Image Guide View on RECAP 2 Exhibit 12 - Kuehne Letter to Secretary of State, 10-19-2018 View on RECAP 3 Exhibit 13 - Secretary of State Email to Kuehne 10-31-2018 View on RECAP 4 Exhibit 14 - Division of Elections Director Email Reminder to SOEs, 10-31-2018 View on RECAP 5 Exhibit 15 - Division of Elections Director Clarification Memo, 11-1-2018 View on RECAP 6 Exhibit 18 - Enhancing the Election Process, 4-7-2015 View on RECAP 7 Affidavit 19 - Affidavit James Hunter View on RECAP 8 Exhibit 16 - Lux Email to SOEs, 11-1-2018 View on RECAP 9 Exhibit 17 - Labasky Memo to SOEs, 11-1-2018 View on RECAP 10 Affidavit 20 - Affidavit, Nathan Gant View on RECAP	Dec. 26, 2018	Dec. 26, 2018 Clearinghouse
35	NOTICE of Filing Plaintiffs' Exhibits 21-30 to Memorandum in Support of Motion for Preliminary Injunction by MIKE FOX, NATHAN GANT, JAMES SHAWN HUNTER, GREGORY NASON, SUSAN PYNCHON, JEFF RICHARDS, RYAN ROSS re 32 Memorandum in Support (Attachments: # 1 Affidavit 21 - Affidavit Michael Fox, # 2 Affidavit 22 - Affidavit Gregory Nason, # 3 Affidavit 23 - Affidavit Jeffrey Richards, # 4 Exhibit 24 - DS850 Operator's Guide, # 5 Exhibit 25 - ESS Quick Start Guide, # 6 Exhibit 26 - ESS Voting System Functionality, # 7 Exhibit 27 - Audit USA White Paper on Automatic Ballot Image, # 8 Exhibit 28 - ESS Election Systems and Equipment 101, # 9 Exhibit 29 - Florida Voting Systems Qualification Test Report, # 10 Exhibit 30 - Florida Voting Systems Standards) (KUEHNE, BENEDICT) (Entered: 12/26/2018) 1 Affidavit 21 - Affidavit Michael Fox View on RECAP 2 Affidavit 22 - Affidavit Gregory Nason View on RECAP 3 Affidavit 23 - Affidavit Jeffrey Richards View on RECAP 4 Exhibit 24 - DS850 Operator's Guide View on RECAP 5 Exhibit 25 - ESS Quick Start Guide View on RECAP 6 Exhibit 26 - ESS Voting System Functionality View on RECAP 7 Exhibit 27 - Audit USA White Paper on Automatic Ballot Image View on RECAP 8 Exhibit 28 - ESS Election Systems and Equipment 101 View on RECAP 9 Exhibit 29 - Florida Voting Systems Qualification Test Report View on RECAP 10 Exhibit 30 - Florida Voting Systems Standards View on RECAP	Dec. 26, 2018	Dec. 26, 2018 Clearinghouse
36	NOTICE of Filing Transcript of Broward Canvassing Board, 11-17-2018 by MIKE FOX, NATHAN GANT, JAMES SHAWN HUNTER, GREGORY NASON, SUSAN PYNCHON, JEFF RICHARDS, RYAN ROSS re 32 Memorandum in Support (Attachments: # 1 Exhibit Transcript, Broward Canvassing Board, 11-17-2018) (KUEHNE, BENEDICT) (Entered: 12/26/2018) 1 Exhibit Transcript, Broward Canvassing Board, 11-17-2018 View on RECAP	Dec. 26, 2018	Dec. 26, 2018 Clearinghouse
37	ORDER ADMITTING CARL CHRISTIAN SAUTTER PRO HAC VICE. This Court has considered, without hearing, the Motion for Leave to Appear Pro Hac Vice of Carl Christian Sautter. ECF No. 29 . The motion is GRANTED. Mr. Sautter has fulfilled the requirements of the Local Rules for admission and is admitted pro hac vice as counsel for Plaintiffs. Signed by CHIEF JUDGE MARK E WALKER on 12/26/2018. (kjw) (Entered: 12/26/2018)	Dec. 26, 2018	Dec. 26, 2018 PACER
	Set Deadline as to 30 MOTION for Preliminary Injunction (Internal deadline for referral to judge if response not filed earlier: 1/9/2019). (vkm)	Dec. 26, 2018	Dec. 26, 2018 PACER
38	Summons Issued as to PETER ANTONACCI, LORI EDWARDS. (Attachments: # 1 Summons (Edwards)) (blb) (Entered: 12/27/2018)	Dec. 27, 2018	Dec. 27, 2018 PACER
39	NOTICE of Filing Exhibits for Memorandum in Support of Motion for Preliminary Injunction (Plaintiffs' Exhibits 8 - 10) by MIKE FOX, NATHAN GANT, JAMES SHAWN HUNTER, KINDRA MUNTZ, GREGORY NASON, SUSAN PYNCHON, JEFF RICHARDS, RYAN ROSS re 32 Memorandum in Support (Attachments: # 1 Exhibit 8 - Audit USA White Paper, How Digital Ballot Images are Preserved, # 2 Exhibit 9 - Audit USA White Paper, ESS Auditing & Adjudication, # 3 Exhibit 10 - Audit USA White Paper, Dominion Auditing & Adjudication) (KUEHNE, BENEDICT) Modified on 1/2/2019 to correct the title of the document. (kjw) (Entered: 12/29/2018) 1 Exhibit 8 - Audit USA White Paper, How Digital Ballot Images are Preserved View on RECAP 2 Exhibit 9 - Audit USA White Paper, ESS Auditing & Adjudication View on RECAP 3 Exhibit 10 - Audit USA White Paper, Dominion Auditing & Adjudication View on RECAP	Dec. 29, 2018	Dec. 29, 2018 Clearinghouse
40	NOTICE of Dropping 2 Defendants: Gertrude Walker (St Lucie County SOE) and R Joyce Griffin (Monroe County SOE) by MIKE FOX, NATHAN GANT, JAMES SHAWN HUNTER, KINDRA MUNTZ, GREGORY NASON, SUSAN PYNCHON, JEFF RICHARDS, RYAN ROSS re 28 Amended Complaint, (KUEHNE, BENEDICT) (Entered: 12/30/2018)	Dec. 30, 2018	Dec. 30, 2018 Clearinghouse
41	ORDER DISMISSING DEFENDANTS GERTRUDE WALKER AND R. JOYCE GRIFFIN - Plaintiffs have filed their Notice of Dropping Only Two Defendants: Gertrude Walker (St. Lucie County SOE) and R. Joyce Griffin (Monroe County SOE). ECF No. 40 . Neither party has filed a responsive pleading. The notice is effective without an order. This action shall proceed against the remaining defendants. Signed by CHIEF JUDGE MARK E WALKER on 1/3/2019. (cle) (Entered: 01/03/2019)	Jan. 3, 2019	Jan. 3, 2019 Clearinghouse
42	Consent MOTION for Extension of Time to File Response by KEN DETZNER. (BAJOCZKY, ANTHONY) (Entered: 01/04/2019)	Jan. 4, 2019	Jan. 4, 2019 PACER
43	ORDER GRANTING EXTENSION TO RESPOND TO MOTION FOR PRELIMINARY INJUNCTION - Defendants' Consent Motion for Extension of Time, ECF No. 42, is GRANTED. Defendants shall respond to the motion for preliminary injunction on or before 1/23/2019. Signed by CHIEF JUDGE MARK E WALKER on 1/7/2019. (cle) (Entered: 01/07/2019)	Jan. 7, 2019	Jan. 7, 2019 PACER
44	NOTICE of Appearance by NICHOLAS ARI SHANNIN on behalf of BILL COWLES (SHANNIN, NICHOLAS) (Entered: 01/15/2019)	Jan. 15, 2019	Jan. 15, 2019 PACER
45	SUMMONS Returned Executed by RYAN ROSS, KINDRA MUNTZ, NATHAN GANT, MIKE FOX, JEFF RICHARDS, JAMES SHAWN HUNTER, GREGORY NASON, SUSAN PYNCHON. Peter Antonacci served on 1/8/2019, answer due 1/29/2019. (KUEHNE, BENEDICT) (Entered: 01/15/2019)	Jan. 15, 2019	Jan. 15, 2019 PACER
46	SUMMONS Returned Executed by RYAN ROSS, KINDRA MUNTZ, NATHAN GANT, MIKE FOX, JEFF RICHARDS, JAMES SHAWN HUNTER, GREGORY NASON, SUSAN PYNCHON. KEN DETZNER served on 1/8/2019, answer due 1/29/2019. (KUEHNE, BENEDICT) (Entered: 01/15/2019)	Jan. 15, 2019	Jan. 15, 2019 PACER
47	SUMMONS Returned Executed by RYAN ROSS, KINDRA MUNTZ, NATHAN GANT, MIKE FOX, JEFF RICHARDS, JAMES SHAWN HUNTER, GREGORY NASON, SUSAN PYNCHON. MARIA MATTHEWS served on 1/9/2019, answer due 1/30/2019. (KUEHNE, BENEDICT) (Entered: 01/15/2019)	Jan. 15, 2019	Jan. 15, 2019 PACER
48	SUMMONS Returned Executed by RYAN ROSS, KINDRA MUNTZ, NATHAN GANT, MIKE FOX, JEFF RICHARDS, JAMES SHAWN HUNTER, GREGORY NASON, SUSAN PYNCHON. VICKY DAVIS served on 1/9/2019, answer due 1/30/2019. (KUEHNE, BENEDICT) (Entered: 01/15/2019)	Jan. 15, 2019	Jan. 15, 2019 PACER
49	SUMMONS Returned Executed by RYAN ROSS, KINDRA MUNTZ, NATHAN GANT, MIKE FOX, JEFF RICHARDS, JAMES SHAWN HUNTER, GREGORY NASON, SUSAN PYNCHON. TOMMY DOYLE served on 1/8/2019, answer due 1/29/2019. (KUEHNE, BENEDICT) (Entered: 01/15/2019)	Jan. 15, 2019	Jan. 15, 2019 PACER
50	SUMMONS Returned Executed by RYAN ROSS, KINDRA MUNTZ, NATHAN GANT, MIKE FOX, JEFF RICHARDS, JAMES SHAWN HUNTER, GREGORY NASON, SUSAN PYNCHON. LORI A SCOTT served on 1/8/2019, answer due 1/29/2019. (KUEHNE, BENEDICT) (Entered: 01/15/2019)	Jan. 15, 2019	Jan. 15, 2019 PACER
51	SUMMONS Returned Executed by RYAN ROSS, KINDRA MUNTZ, NATHAN GANT, MIKE FOX, JEFF RICHARDS, JAMES SHAWN HUNTER, GREGORY NASON, SUSAN PYNCHON. SUSAN GILL served on 1/8/2019, answer due 1/29/2019. (KUEHNE, BENEDICT) (Entered: 01/15/2019)	Jan. 15, 2019	Jan. 15, 2019 PACER
52	SUMMONS Returned Executed by RYAN ROSS, KINDRA MUNTZ, NATHAN GANT, MIKE FOX, JEFF RICHARDS, JAMES SHAWN HUNTER, GREGORY NASON, SUSAN PYNCHON. ALAN HAYES served on 1/9/2019, answer due 1/30/2019. (KUEHNE, BENEDICT) (Entered: 01/15/2019)	Jan. 15, 2019	Jan. 15, 2019 PACER
53	SUMMONS Returned Executed by RYAN ROSS, KINDRA MUNTZ, NATHAN GANT, MIKE FOX, JEFF RICHARDS, JAMES SHAWN HUNTER, GREGORY NASON, SUSAN PYNCHON. Lori Edwards served on 1/11/2019, answer due 2/1/2019. (KUEHNE, BENEDICT) (Entered: 01/15/2019)	Jan. 15, 2019	Jan. 15, 2019 PACER
54	SUMMONS Returned Executed by RYAN ROSS, KINDRA MUNTZ, NATHAN GANT, MIKE FOX, JEFF RICHARDS, JAMES SHAWN HUNTER, GREGORY NASON, SUSAN PYNCHON. MIKE HOGAN served on 1/8/2019, answer due 1/29/2019. (KUEHNE, BENEDICT) (Entered: 01/15/2019)	Jan. 15, 2019	Jan. 15, 2019 PACER
55	SUMMONS Returned Executed by RYAN ROSS, KINDRA MUNTZ, NATHAN GANT, MIKE FOX, JEFF RICHARDS, JAMES SHAWN HUNTER, GREGORY NASON, SUSAN PYNCHON. CRAIG LATIMER served on 1/11/2019, answer due 2/1/2019. (KUEHNE, BENEDICT) (Entered: 01/15/2019)	Jan. 15, 2019	Jan. 15, 2019 PACER
56	SUMMONS Returned Executed by RYAN ROSS, KINDRA MUNTZ, NATHAN GANT, MIKE FOX, JEFF RICHARDS, JAMES SHAWN HUNTER, GREGORY NASON, SUSAN PYNCHON. BILL COWLES served on 1/7/2019, answer due 1/28/2019. (KUEHNE, BENEDICT) (Entered: 01/15/2019)	Jan. 15, 2019	Jan. 15, 2019 PACER
57	SUMMONS Returned Executed by RYAN ROSS, KINDRA MUNTZ, NATHAN GANT, MIKE FOX, JEFF RICHARDS, JAMES SHAWN HUNTER, GREGORY NASON, SUSAN PYNCHON. DEBRA CLARK served on 1/15/2019, answer due 2/5/2019. (KUEHNE, BENEDICT) (Entered: 01/15/2019)	Jan. 15, 2019	Jan. 15, 2019 PACER
58	NOTICE of Appearance by KELLY LYNN VICARI on behalf of DEBRA CLARK (VICARI, KELLY) (Entered: 01/16/2019)	Jan. 16, 2019	Jan. 16, 2019 PACER
59	NOTICE of Appearance by FRANK MICHAEL MARI on behalf of LORI A SCOTT (MARI, FRANK) (Entered: 01/17/2019)	Jan. 17, 2019	Jan. 17, 2019 PACER
60	NOTICE of Appearance by DALE A SCOTT on behalf of SUSAN GILL (SCOTT, DALE) (Entered: 01/17/2019)	Jan. 17, 2019	Jan. 17, 2019 PACER
61	Consent MOTION to Extend Time to February 12, 2019, to respond to complaint (dk. 28) and motion for injunction (dk. 30) by SUSAN GILL. (SCOTT, DALE) (Entered: 01/17/2019)	Jan. 17, 2019	Jan. 17, 2019 PACER
62	Consent MOTION to Extend Timeto Respond to Complaint and Motion for Injunction by LORI A SCOTT. (MARI, FRANK) (Entered: 01/17/2019)	Jan. 17, 2019	Jan. 17, 2019 PACER
63	Amended MOTION to Extend Time (consent motion) to February 12, 2019, to respond to complaint (dk. 28) and motion for injunction (dk. 30) by SUSAN GILL. (SCOTT, DALE) (Entered: 01/17/2019)	Jan. 17, 2019	Jan. 17, 2019 PACER
64	ORDER GRANTING EXTENSION TO RESPOND TO COMPLAINT AND MOTION FOR PRELIMINARY INJUNCTION - Defendant Susan Gill's Amended Unopposed Motion to Extend Time to Respond to Complaint and Motion for Injunction, ECF No. 63, is GRANTED. Defendant shall respond to the Amended Complaint and Motion for Preliminary Injunction, ECF Nos. 28 and 30, on or before 2/12/2019. Defendant Gill's previous Motion to Extend Time, ECF No. 61, is DENIED as moot. Signed by CHIEF JUDGE MARK E WALKER on 1/18/2019. (cle) (Entered: 01/18/2019)	Jan. 18, 2019	Jan. 18, 2019 PACER
65	ORDER GRANTING EXTENSION TO RESPOND TO COMPLAINT AND MOTION FOR PRELIMINARY INJUNCTION - Defendant Lori Scott' Unopposed Motion to Extend Time to Respond to Complaint and Motion for Injunction, ECF No. 62, is GRANTED. Defendant shall respond to the Amended Complaint and Motion for Preliminary Injunction, ECF Nos. 28 and 30, on or before 2/12/2019. Signed by CHIEF JUDGE MARK E WALKER on 1/18/2019. (cle) (Entered: 01/18/2019)	Jan. 18, 2019	Jan. 18, 2019 PACER
66	NOTICE of Appearance by JACOB JUSTIN PAYNE on behalf of MIKE HOGAN (PAYNE, JACOB) (Entered: 01/18/2019)	Jan. 18, 2019	Jan. 18, 2019 PACER
67	Consent MOTION for Extension of Time to File Answer re 30 MOTION for Preliminary Injunction, 28 Amended Complaint, by PETER ANTONACCI. (Attachments: # 1 Text of Proposed Order) (HARROD, RENE) (Entered: 01/22/2019)	Jan. 22, 2019	Jan. 22, 2019 PACER
68	ORDER GRANTING EXTENSION TO RESPONDFOR ALL DEFENDANTS TO AMENDED COMPLAINTAND MOTION FOR PRELIMINARY INJUNCTION - This Court has considered, without hearing, Defendant Antonacci's Agreed Motion to Extend the Time for All Defendants to Respond to the Amended Complaint and Motion for Preliminary Injunction. ECF No. 67 . The motion is GRANTED. All Defendants shall respond to the Amended Complaint and Motion for Preliminary Injunction, ECF Nos. 28 and 30, on or before 2/12/2019. Signed by CHIEF JUDGE MARK E WALKER on 1/22/2019. (vkm) (Entered: 01/22/2019)	Jan. 22, 2019	Jan. 22, 2019 PACER
	Answer deadline reset to 2/12/2019 for All Defendants per 68 Order. (vkm)	Jan. 22, 2019	Jan. 22, 2019 PACER
69	NOTICE of Appearance by RONALD A LABASKY on behalf of CHRIS H CHAMBLESS, BRIAN E CORLEY, BILL COWLES, LORI EDWARDS, VICKY OAKES (LABASKY, RONALD) (Entered: 01/23/2019)	Jan. 23, 2019	Jan. 23, 2019 PACER
70	NOTICE of Appearance by ELYSSE A ELDER on behalf of VICKY DAVIS (ELDER, ELYSSE) (Entered: 01/24/2019)	Jan. 24, 2019	Jan. 24, 2019 PACER
71	SUMMONS Returned Executed by RYAN ROSS, KINDRA MUNTZ, NATHAN GANT, MIKE FOX, JEFFREY RICHARDS, JAMES SHAWN HUNTER, GREGORY NASON, SUSAN PYNCHON. BRIAN E CORLEY served on 1/16/2019, answer due 2/6/2019. (KUEHNE, BENEDICT) (Entered: 02/07/2019)	Feb. 7, 2019	Feb. 7, 2019 PACER
72	SUMMONS Returned Executed by RYAN ROSS, KINDRA MUNTZ, NATHAN GANT, JEFFREY RICHARDS, JAMES SHAWN HUNTER, GREGORY NASON, SUSAN PYNCHON. MICHAEL ERTEL served on 1/31/2019, answer due 2/21/2019. (KUEHNE, BENEDICT) (Entered: 02/07/2019)	Feb. 7, 2019	Feb. 7, 2019 PACER
73	NOTICE of Appearance by DIANA MASTERS JOHNSON on behalf of ALAN HAYES (JOHNSON, DIANA) (Entered: 02/08/2019)	Feb. 8, 2019	Feb. 8, 2019 PACER
74	Joint MOTION to Extend Time for All Defendants to Respond to the Motion for Preliminary Injunction by PETER ANTONACCI. (Attachments: # 1 Text of Proposed Order) (HARROD, RENE) (Entered: 02/08/2019) 1 Text of Proposed Order View on PACER	Feb. 8, 2019	Feb. 8, 2019 PACER
75	NOTICE of Appearance by NATHANIEL ADAM KLITSBERG on behalf of PETER ANTONACCI (KLITSBERG, NATHANIEL) (Entered: 02/11/2019)	Feb. 11, 2019	Feb. 11, 2019 PACER
76	ORDER GRANTING DEFENDANT ANTONACCI'S AGREED MOTION TO EXTEND TIME FOR DEFENDANTS TO RESPOND - Defendant Peter Antonacci's agreed motion to extend the time for all Defendants to respond to Plaintiffs' motion for preliminary injunction, ECF No. 74, is GRANTED. Defendants shall respond to the motion for preliminary injunction on or before 20 days after this Court's disposition of Defendant's motion to dismiss. Signed by CHIEF JUDGE MARK E WALKER on 2/11/2019. (cle) (Entered: 02/11/2019)	Feb. 11, 2019	Feb. 11, 2019 PACER
77	MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, MOTION to Dismiss for Lack of Jurisdiction ( (Internal deadline for referral to judge if response not filed earlier: 2/26/2019).) by PETER ANTONACCI, CHRIS H CHAMBLESS, DEBORAH CLARK, BRIAN E CORLEY, BILL COWLES, VICKY DAVIS, TOMMY DOYLE, LORI EDWARDS, MICHAEL ERTEL, SUSAN GILL, ALAN HAYES, MIKE HOGAN, CRAIG LATIMER, VICKY OAKES, LORI A SCOTT. (HARROD, RENE) (Entered: 02/12/2019)	Feb. 12, 2019	Feb. 12, 2019 Clearinghouse
78	MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by KEN DETZNER, MARIA MATTHEWS. (BAJOCZKY, ANTHONY) (Entered: 02/12/2019)	Feb. 12, 2019	Feb. 12, 2019 Clearinghouse
79	Consent MOTION for Extension of Time to File Response/Reply as to 77 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction, 78 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM for One Day Until February 27, 2019 by NATHAN GANT, JAMES SHAWN HUNTER, KINDRA MUNTZ, GREGORY NASON, SUSAN PYNCHON, JEFFREY RICHARDS, RYAN ROSS. (Attachments: # 1 Text of Proposed Order Order on Unopposed Motion for Extension of Time for Response) (KUEHNE, BENEDICT) (Entered: 02/27/2019)	Feb. 27, 2019	Feb. 27, 2019 PACER
80	ORDER GRANTING EXTENSION TO RESPOND TO MOTIONS TO DISMISS - Plaintiffs' Unopposed Motion for One Day Extension to Respond to the Motions to Dismiss, ECF No. 79, is GRANTED. Plaintiffs may file their responses to the motions to dismiss on 2/27/2019. Signed by CHIEF JUDGE MARK E WALKER on 2/27/2019. (cle) (Entered: 02/27/2019)	Feb. 27, 2019	Feb. 27, 2019 PACER
81	RESPONSE in Opposition re 77 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction, 78 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by MIKE FOX, NATHAN GANT, JAMES SHAWN HUNTER, KINDRA MUNTZ, GREGORY NASON, SUSAN PYNCHON, JEFFREY RICHARDS, RYAN ROSS. (KUEHNE, BENEDICT) (Entered: 02/27/2019)	Feb. 27, 2019	Feb. 27, 2019 Clearinghouse
82	ORDER GRANTING DEFENDANTS' MOTIONS TO DISMISS. Defendant Supervisors of Elections' Motion to Dismiss, ECF No. 77, is GRANTED. Defendant Lee's Motion to Dismiss, ECF No. 78, is GRANTED. Plaintiffs' Motion for Preliminary Injunction, ECF No. 30, is DENIED as moot. The Clerk shall enter judgment stating "Plaintiffs' federal claims against Defendants are dismissed with prejudice and Plaintiffs' state claim is dismissed without prejudice." The Clerk shall close the file. Signed by CHIEF JUDGE MARK E WALKER on 4/2/2019. (kjw) (Entered: 04/02/2019)	April 2, 2019	April 2, 2019 Clearinghouse
83	CLERK'S JUDGMENT re 82 ORDER GRANTING DEFENDANTS' MOTIONS TO DISMISS. (kjw) 90 Day Exhibit Return Deadline set for 7/1/2019. (Entered: 04/02/2019)	April 2, 2019	April 2, 2019 Clearinghouse