Case: Castanon v. United States of America

1:18-cv-02545 | U.S. District Court for the District of District of Columbia

Filed Date: May 18, 2018

Closed Date: Oct. 20, 2021

Clearinghouse coding complete

Case Summary

This case concerns federal legislative representation of Washington, D.C. residents. On November 5, 2018, individual residents of Washington, D.C. filed this lawsuit in United States District Court for the District of Columbia. The plaintiffs sued the House of Representatives and the United States Senate claiming violations of their rights under the First, Fifth and Fourteenth amendments of the U.S. Constitution. Represented by private counsel of Harris, Wiltshire & Grannis LLP, the plaintiffs …

This case concerns federal legislative representation of Washington, D.C. residents. On November 5, 2018, individual residents of Washington, D.C. filed this lawsuit in United States District Court for the District of Columbia. The plaintiffs sued the House of Representatives and the United States Senate claiming violations of their rights under the First, Fifth and Fourteenth amendments of the U.S. Constitution. Represented by private counsel of Harris, Wiltshire & Grannis LLP, the plaintiffs sought a declaratory judgement and injunctive relief to secure the right to full Congressional voting representation for themselves and other District residents. They claimed that the right to vote for legislative representation is a fundamental right, and that denial of this right amounts to a violation of their rights of  equal protection, due process, and association and representation.

On November 26, 2018 the plaintiffs filed a motion requesting a three-judge panel. The court held that that it was appropriate to hear the case because under 28 U.S.C. § 2284, if (a) an action challenges “the constitutionality of the apportionment of congressional districts” and (b) a request is made for a three-judge court, then a three-judge court must hear the case. Circuit Judge Robert L. Wilkins, District Judge Trevor N. McFadden, and District Judge Randolph D. Moss were assigned to hear and determine the case.

On April 1, 2019, the defendants filed a motion to dismiss. On June 3, 2019, the plaintiffs filed a motion for summary judgement.  A motion hearing was held on November 26, 2019. The court dismissed the Plaintiffs' Motion for Summary Judgement and partially granted the defendants' Motion to Dismiss. The court dismissed the plaintiffs' claims with respect to representation in the House of Representatives because the Constitution limits House representation to "the people of the several States." 

The court declined to consider the plaintiff's claims regarding Senate representation due to the fact that such claims did not implicate federal apportionment, and so, were not entitled to be heard by a three-judge panel under 28 U.S.C. § 2284. Thus, the court remanded the case to the single District Judge to whom the case was originally assigned to hear the plaintiff's remaining claim regarding Senate representation. 

On April 9, 2020, the Plaintiffs' filed Motion for Reconsideration, which the court denied. The Plaintiff's then appealed to the U.S. Supreme Court. The Supreme court affirmed the lower court's decision, and the parties voluntarily dismissed the case. The U.S. District Court ordered the case dismissed with prejudice on October 20, 2021.

Summary Authors

Jessica Barbaria (5/16/2024)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/8132947/parties/castanon-v-united-states-of-america/


Judge(s)
Attorney for Plaintiff
Attorney for Defendant
Expert/Monitor/Master/Other

AliKhan, Loren Linn (District of Columbia)

Barbero, Megan (District of Columbia)

Bress, Richard (District of Columbia)

Ellis, Latosha Marie (District of Columbia)

Flynn, Aaron M. (District of Columbia)

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Documents in the Clearinghouse

Document
1

1:18-cv-02545

Complaint

Nov. 5, 2018

Nov. 5, 2018

Complaint
9

1:18-cv-02545

Amended Complaint

Nov. 26, 2018

Nov. 26, 2018

Complaint
38

1:18-cv-02545

Brief of the United States House of Representatives as Amicus Curiae in Support of Plaintiffs

June 11, 2019

June 11, 2019

Pleading / Motion / Brief
48

1:18-cv-02545

Opposition to Plaintiffs’ Motion for Summary Judgment and Reply in Support of Executive and Senate Defendants’ Motion to Dismiss the Amended Complaint

July 18, 2019

July 18, 2019

Pleading / Motion / Brief
54

1:18-cv-02545

Memorandum Opinion

March 12, 2020

March 12, 2020

Order/Opinion
62

1:18-cv-02545

Memorandum Opinion

Sept. 16, 2020

Sept. 16, 2020

Order/Opinion
64

1:18-cv-02545

Joint Status Report

Oct. 9, 2020

Oct. 9, 2020

Monitor/Expert/Receiver Report
65

1:18-cv-02545

Notice of Appeal

Nov. 13, 2020

Nov. 13, 2020

Other
66

1:18-cv-02545

Joint Status Report

Nov. 18, 2020

Nov. 18, 2020

Other
67

1:18-cv-02545

Letter

Jan. 12, 2021

Jan. 12, 2021

Other

Docket

See docket on RECAP: https://www.courtlistener.com/docket/8132947/castanon-v-united-states-of-america/

Last updated Aug. 9, 2025, 9:18 p.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against ALL DEFENDANTS with Jury Demand ( Filing fee $ 400 receipt number 0090-5773857) filed by ANGELICA CASTANON, VANESSA FRANCIS, ABBY LOEFFLER, ALAN ALPER, SILVIA MARTINEZ, GABRIELA MOSSI, LAURIE DAVIS, MANDA KELLEY, DEBORAH SHORE, SUSANNAH WEAVER. (Attachments: # 1 Civil Cover Sheet, # 2 Summons P. RYAN, # 3 Summons K. HAAS, # 4 Summons P. IRVING, # 5 Summons O. HATCH, # 6 Summons J. ADAMS, # 7 Summons M. STENGER, # 8 Summons M. PENCE, # 9 Summons W. ROSS, # 10 Summons D. TRUMP, # 11 Summons J. LIU, # 12 Summons J. SESSIONS)(O'Donnell, Patrick) (Attachment 1 replaced on 11/7/2018) (znmw). (Entered: 11/05/2018)

1 Civil Cover Sheet

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2 Summons P. RYAN

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3 Summons K. HAAS

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4 Summons P. IRVING

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5 Summons O. HATCH

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6 Summons J. ADAMS

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7 Summons M. STENGER

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8 Summons M. PENCE

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9 Summons W. ROSS

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10 Summons D. TRUMP

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11 Summons J. LIU

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12 Summons J. SESSIONS

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Nov. 5, 2018

Nov. 5, 2018

Clearinghouse

Case Assigned to Judge Tanya S. Chutkan. (zmd)

Nov. 5, 2018

Nov. 5, 2018

PACER
2

SUMMONS (12) Issued Electronically as to JULIE ADAMS, KAREN L. HAAS, ORRIN G. HATCH, PAUL D. IRVING, MICHAEL R. PENCE, WILBUR ROSS, PAUL RYAN, MICHAEL STENGER, DONALD J. TRUMP, UNITED STATES OF AMERICA, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent) (zmd) (Entered: 11/08/2018)

Nov. 8, 2018

Nov. 8, 2018

PACER
3

Case randomly reassigned to Judge Randolph D. Moss. Judge Tanya S. Chutkan is no longer assigned to the case. (ztnr) (Entered: 11/13/2018)

Nov. 9, 2018

Nov. 9, 2018

PACER
4

STANDING ORDER: The parties are hereby ORDERED to comply with the directives set forth in the attached Standing Order. See document for details. Signed by Judge Randolph D. Moss on 11/13/2018. (lcrdm2, ) (Entered: 11/13/2018)

Nov. 13, 2018

Nov. 13, 2018

PACER
5

NOTICE of Appearance by Deepika Ravi on behalf of All Plaintiffs (Ravi, Deepika) (Main Document 5 replaced on 11/27/2018) (ztd). (Main Document 5 replaced on 11/27/2018) (ztd). (Entered: 11/26/2018)

Nov. 26, 2018

Nov. 26, 2018

PACER
6

NOTICE of Appearance by Timothy J. Simeone on behalf of All Plaintiffs (Simeone, Timothy) (Main Document 6 replaced on 11/27/2018) (ztd). (Main Document 6 replaced on 11/27/2018) (ztd). (Entered: 11/26/2018)

Nov. 26, 2018

Nov. 26, 2018

PACER
7

NOTICE of Appearance by Christopher J. Wright on behalf of All Plaintiffs (Wright, Christopher) (Main Document 7 replaced on 11/27/2018) (ztd). (Entered: 11/26/2018)

Nov. 26, 2018

Nov. 26, 2018

PACER
8

NOTICE OF FILING OF AMENDED COMPLAINT by ALAN ALPER, ANGELICA CASTANON, LAURIE DAVIS, VANESSA FRANCIS, MANDA KELLEY, ABBY LOEFFLER, SILVIA MARTINEZ, GABRIELA MOSSI, DEBORAH SHORE, SUSANNAH WEAVER, ABSALOM JORDAN (Wright, Christopher) (Entered: 11/26/2018)

Nov. 26, 2018

Nov. 26, 2018

PACER
9

AMENDED COMPLAINT against All Defendants with Jury Demand filed by ANGELICA CASTANON, VANESSA FRANCIS, ABBY LOEFFLER, ALAN ALPER, SILVIA MARTINEZ, ABSALOM JORDAN, GABRIELA MOSSI, LAURIE DAVIS, MANDA KELLEY, DEBORAH SHORE, SUSANNAH WEAVER. (Attachments: # 1 Supplement Redline Comparison, # 2 Summons J. Sessions, # 3 Summons J. Liu, # 4 Summons P. Ryan, # 5 Summons K. Haas, # 6 Summons P. Irving, # 7 Summons O. Hatch, # 8 Summons J. Adams, # 9 Summons M. Stenger, # 10 Summons M. Pence, # 11 Summons W. Ross, # 12 Summons D. Trump)(Wright, Christopher) (Entered: 11/26/2018)

1 Supplement Redline Comparison

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2 Summons J. Sessions

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3 Summons J. Liu

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4 Summons P. Ryan

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5 Summons K. Haas

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6 Summons P. Irving

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7 Summons O. Hatch

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8 Summons J. Adams

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9 Summons M. Stenger

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10 Summons M. Pence

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11 Summons W. Ross

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12 Summons D. Trump

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Nov. 26, 2018

Nov. 26, 2018

Clearinghouse
10

MOTION to Convene Three-Judge Court by ALAN ALPER, ANGELICA CASTANON, LAURIE DAVIS, VANESSA FRANCIS, ABSALOM JORDAN, MANDA KELLEY, ABBY LOEFFLER, SILVIA MARTINEZ, GABRIELA MOSSI, DEBORAH SHORE, SUSANNAH WEAVER (Wright, Christopher) (Entered: 11/26/2018)

Nov. 26, 2018

Nov. 26, 2018

PACER
11

SUMMONS (11) Issued Electronically as to JULIE ADAMS, KAREN L. HAAS, ORRIN G. HATCH, PAUL D. IRVING, MICHAEL R. PENCE, WILBUR ROSS, PAUL RYAN, MICHAEL STENGER, DONALD J. TRUMP, U.S. Attorney and U.S. Attorney General (ztd) (Main Document 11 replaced on 11/29/2018) (ztd). (Entered: 11/29/2018)

Nov. 29, 2018

Nov. 29, 2018

PACER
12

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. JULIE ADAMS served on 11/15/2018; KAREN L. HAAS served on 11/14/2018; ORRIN G. HATCH served on 11/15/2018; PAUL D. IRVING served on 11/14/2018; MICHAEL R. PENCE served on 11/15/2018; WILBUR ROSS served on 11/14/2018; PAUL RYAN served on 11/14/2018; MICHAEL STENGER served on 11/15/2018; DONALD J. TRUMP served on 11/21/2018; UNITED STATES OF AMERICA served on 11/14/2018, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 11/14/2018., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 11/14/2018. ( Answer due for ALL FEDERAL DEFENDANTS by 1/13/2019.) (Attachments: # 1 Certificate of Service D. Trump, # 2 Certificate of Service J. Adams, # 3 Certificate of Service K. Haas, # 4 Certificate of Service M. Pence, # 5 Certificate of Service M. Stenger, # 6 Certificate of Service O. Hatch, # 7 Certificate of Service P. Irving, # 8 Certificate of Service P. Ryan, # 9 Certificate of Service W. Ross, # 10 Certificate of Service J. Liu)(Wright, Christopher) (Entered: 12/03/2018)

Dec. 3, 2018

Dec. 3, 2018

PACER

MINUTE ORDER: It is hereby ORDERED that Plaintiffs shall contact Defendants to determine Defendants' position as to Dkt. 10, Motion to Convene Three-Judge Court, and shall file a status report on or before December 21, 2018 advising the Court of the parties' positions with respect to the motion and proposing a schedule for further briefing, if appropriate. Signed by Judge Randolph D. Moss on 12/7/2018. (lcrdm2, )

Dec. 7, 2018

Dec. 7, 2018

PACER

Set/Reset Deadlines: Status Report due by 12/21/2018. (kt)

Dec. 7, 2018

Dec. 7, 2018

PACER

MINUTE ORDER: In light of 28 U.S.C. ยง 2284, requiring that "[u]pon the filing of a request for three judges, the judge to whom the request is presented shall, unless he determines that three judges are not required, immediately notify the chief judge of the circuit, who shall designate two other judges" (emphasis added), the Court seeks the parties' input regarding whether a three-judge court is required in this matter. Accordingly, the parties are hereby ORDERED to appear for a telephone conference on December 12, 2018 at 2:30 p.m. Counsel may contact the courtroom deputy to make the necessary arrangements. Signed by Judge Randolph D. Moss on 12/11/2018. (lcrdm2, )

Dec. 11, 2018

Dec. 11, 2018

PACER

MINUTE ORDER: In light of 28 U.S.C. § 2284, requiring that "[u]pon the filing of a request for three judges, the judge to whom the request is presented shall, unless he determines that three judges are not required, immediately notify the chief judge of the circuit, who shall designate two other judges" (emphasis added), the Court seeks the parties' input regarding whether a three-judge court is required in this matter. Accordingly, the parties are hereby ORDERED to appear for a telephone conference on December 12, 2018 at 2:30 p.m. Counsel may contact the courtroom deputy to make the necessary arrangements. Signed by Judge Randolph D. Moss on 12/11/2018. (lcrdm2, )

Dec. 11, 2018

Dec. 11, 2018

PACER

Set/Reset Hearings: Telephone Conference set for 12/12/2018, at 2:30 PM, in Courtroom 21, before Judge Randolph D. Moss. (kt)

Dec. 12, 2018

Dec. 12, 2018

PACER
13

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Walter A. Smith, :Firm- DC Appleseed Center for Law and Justice, :Address- 1111 14th Street, N.W., Suite 510, Washington, D.C. 20005. Phone No. - (202) 289-8007. Fax No. - (202) 289-8009 Filing fee $ 100, receipt number 0090-5835620. Fee Status: Fee Paid. by ALAN ALPER, ANGELICA CASTANON, LAURIE DAVIS, VANESSA FRANCIS, ABSALOM JORDAN, MANDA KELLEY, ABBY LOEFFLER, SILVIA MARTINEZ, GABRIELA MOSSI, DEBORAH SHORE, SUSANNAH WEAVER (Wright, Christopher) (Entered: 12/12/2018)

Dec. 12, 2018

Dec. 12, 2018

PACER

Minute Entry for proceedings held before Judge Randolph D. Moss: Telephone Conference held on 12/12/2018. Order forthcoming. (Court Reporter: Jeff Hook.) (kt)

Dec. 12, 2018

Dec. 12, 2018

PACER
14

REQUEST FOR DESIGNATION OF A THREE-JUDGE COURT. See document for details. Signed by Judge Randolph D. Moss on 12/14/2018. (lcrdm2, ) (Entered: 12/14/2018)

Dec. 14, 2018

Dec. 14, 2018

RECAP

MINUTE ORDER: Upon consideration of the motion for admission pro hac vice, Dkt. 13, the motion is hereby GRANTED in part and DENIED in part. Because Walter A. Smith indicates that he maintains his office at 1111 14th Street, N.W., Suite 510, Washington, D.C. 20005, he may be heard in open court but may not file papers in this court. See Local Civil Rule 83.2(c)(2) ("An attorney who engages in the practice of law from an office located in the District of Columbia must be a member of the District of Columbia Bar and the Bar of this Court to file papers in this Court."). Signed by Judge Randolph D. Moss on 12/14/2018. (lcrdm2, )

Dec. 14, 2018

Dec. 14, 2018

PACER
15

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. JULIE ADAMS served on 11/29/2018; KAREN L. HAAS served on 11/29/2018; ORRIN G. HATCH served on 11/29/2018; PAUL D. IRVING served on 12/3/2018; MICHAEL R. PENCE served on 11/29/2018; WILBUR ROSS served on 11/29/2018; PAUL RYAN served on 11/29/2018; MICHAEL STENGER served on 11/29/2018; DONALD J. TRUMP served on 12/6/2018; UNITED STATES OF AMERICA served on 11/29/2018, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 11/29/2018., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 11/29/2018. ( Answer due for ALL FEDERAL DEFENDANTS by 1/28/2019.) (Attachments: # 1 Certificate of Service D. Trump, # 2 Certificate of Service J. Adams, # 3 Certificate of Service K. Haas, # 4 Certificate of Service M. Pence, # 5 Certificate of Service M. Stenger, # 6 Certificate of Service O. Hatch, # 7 Certificate of Service P. Irving, # 8 Certificate of Service P. Ryan, # 9 Certificate of Service W. Ross, # 10 Certificate of Service J. Liu)(Wright, Christopher) (Entered: 12/19/2018)

Dec. 19, 2018

Dec. 19, 2018

PACER
16

ORDER of USCA re 14 REQUEST FOR DESIGNATION OF A THREE-JUDGE COURT. ORDERED, pursuant to 28 U.S.C. § 2284, that the Honorable Robert L. Wilkins, Circuit Judge, United States Court of Appeals for the District of Columbia Circuit, and the Honorable Trevor N. McFadden, Judge, United States District Court for the District of Columbia, are hereby designated to serve with the Honorable Randolph D. Moss as members of the court to hear and determine this case. (zrdj) (Entered: 12/20/2018)

Dec. 20, 2018

Dec. 20, 2018

PACER

USCA ORDER filed in USCA on 12/20/2018 FOR DESIGNATION OF JUDGES TO SERVE ON THREE-JUDGE DISTRICT COURT; designating Judge Robert L. Wilkins and Judge Trevor N. McFadden to hear and determine this case. The U.S. Circuit Court Judge Robert L. Wilkins to preside over this case. (See docket entry 16 to see Order)(zrdj)

Dec. 20, 2018

Dec. 20, 2018

PACER
17

Joint MOTION for Extension of Time to File Response/Reply, Joint MOTION for Briefing Schedule by JULIE ADAMS, ORRIN G. HATCH, MICHAEL R. PENCE, WILBUR ROSS, MICHAEL STENGER, DONALD J. TRUMP, UNITED STATES OF AMERICA (Attachments: # 1 Text of Proposed Order)(Kopplin, Rebecca) (Entered: 12/21/2018)

Dec. 21, 2018

Dec. 21, 2018

PACER

MINUTE ORDER: Upon consideration of the parties' joint motion for an extension of time, Dkt. 17, it is hereby ORDERED that the motion is GRANTED. Defendants shall respond to Plaintiffs' Amended Complaint on or before March 1, 2019; Plaintiffs shall file any oppositions to Defendants' responses to the Amended Complaint on or before May 1, 2019; and Defendants shall file any replies in support of their responses to the Amended Complaint on or before June 3, 2019. Given the length of this schedule, however, the parties are advised that further requests for extensions of time are disfavored. Signed by Judge Randolph D. Moss on 12/21/2018. (lcrdm2, )

Dec. 21, 2018

Dec. 21, 2018

PACER

Set/Reset Deadlines: Defendants shall respond to Plaintiffs' Amended Complaint on or before 3/1/2019; Plaintiffs shall file any oppositions to Defendants' responses to the Amended Complaint on or before 5/1/2019; Defendants shall file any replies in support of their responses to the Amended Complaint on or before 6/3/2019. (kt)

Dec. 21, 2018

Dec. 21, 2018

PACER
18

Unopposed MOTION to Stay in Light of Lapse in Appropriations by JULIE ADAMS, ORRIN G. HATCH, MICHAEL R. PENCE, WILBUR ROSS, MICHAEL STENGER, DONALD J. TRUMP, UNITED STATES OF AMERICA (Attachments: # 1 Text of Proposed Order)(Kopplin, Rebecca) (Entered: 01/24/2019)

Jan. 24, 2019

Jan. 24, 2019

PACER

MINUTE ORDER: Upon consideration of Defendants' unopposed motion to stay, Dkt. 18, it is hereby ORDERED that the motion is GRANTED in part and DENIED in part. It is ORDERED that the case is hereby stayed pending further order of the Court. It is further ORDERED that the parties shall meet and confer and shall file a joint status report, including a proposed schedule for further proceedings, within 14 days following the restoration of funding to the Department of Justice. All deadlines in the case are stayed pending the Court's consideration of the parties' proposed schedule. Signed by Judge Randolph D. Moss on 1/25/2019. (lcrdm2, )

Jan. 25, 2019

Jan. 25, 2019

PACER

Case STAYED. (kt)

Jan. 28, 2019

Jan. 28, 2019

PACER
19

Joint STATUS REPORT and Proposed Schedule by JULIE ADAMS, ORRIN G. HATCH, MICHAEL R. PENCE, WILBUR ROSS, MICHAEL STENGER, DONALD J. TRUMP, UNITED STATES OF AMERICA. (Attachments: # 1 Text of Proposed Order)(Kopplin, Rebecca) (Entered: 01/30/2019)

Jan. 30, 2019

Jan. 30, 2019

PACER

MINUTE ORDER: Upon consideration of the Parties' Joint Status Report and Proposed Schedule, Dkt. 19, it is hereby ORDERED that the stay is lifted. It is further ORDERED that Defendants shall respond to Plaintiffs' Amended Complaint on or before April 1, 2019; Plaintiffs shall file any oppositions to Defendants' responses to the Amended Complaint on or before June 3, 2019; and Defendants shall file any replies in support of their responses to the Amended Complaint on or before July 1, 2019. Signed by Judge Randolph D. Moss on 1/31/2019. (lcrdm2, )

Jan. 31, 2019

Jan. 31, 2019

PACER

Set/Reset Deadlines: Defendants shall respond to Plaintiffs' Amended Complaint on or before 4/1/2019; Plaintiffs shall file any oppositions to Defendants' responses to the Amended Complaint on or before 6/3/2019; Defendants shall file any replies in support of their responses to the Amended Complaint on or before 7/1/2019. (kt)

Jan. 31, 2019

Jan. 31, 2019

PACER
20

NOTICE of Voluntary Dismissal re Nancy P. Pelosi, Cheryl L. Johnson, Paul D. Irving (Wright, Christopher) (Entered: 03/27/2019)

March 27, 2019

March 27, 2019

PACER
21

MOTION to Dismiss by JULIE ADAMS, ORRIN G. HATCH, MICHAEL R. PENCE, WILBUR ROSS, MICHAEL STENGER, DONALD J. TRUMP, UNITED STATES OF AMERICA (Attachments: # 1 Memorandum in Support, # 2 Appendix, # 3 Text of Proposed Order)(Kopplin, Rebecca) Modified text and event on 4/1/2019 (ztd). (Entered: 04/01/2019)

April 1, 2019

April 1, 2019

PACER
22

Joint MOTION for Briefing Schedule and Page Limits by ALAN ALPER, ANGELICA CASTANON, LAURIE DAVIS, VANESSA FRANCIS, ABSALOM JORDAN, MANDA KELLEY, ABBY LOEFFLER, SILVIA MARTINEZ, GABRIELA MOSSI, DEBORAH SHORE, SUSANNAH WEAVER (Attachments: # 1 Text of Proposed Order)(Wright, Christopher). Added MOTION for Order on 5/17/2019 (znmw). (Entered: 05/16/2019)

May 16, 2019

May 16, 2019

PACER

Set/Reset Deadlines

May 17, 2019

May 17, 2019

PACER

Order on Motion for Briefing Schedule

May 17, 2019

May 17, 2019

PACER

MINUTE ORDER: Upon consideration of the Parties' Joint Motion for Briefing Schedule and Page Limits, Dkt. 22, it is hereby ORDERED that the motion is GRANTED in part and DENIED in part. The following schedule and page limits shall govern further proceedings in this matter: Plaintiffs shall file a combined motion for summary judgment and opposition to Defendants' motion to dismiss on or before June 3, 2019, and that supporting memorandum shall not exceed sixty (60) pages; Any amicus briefs in support of Plaintiffs shall be filed on or before June 10, 2019, and any such briefs shall not exceed fifteen (15) pages each; Defendants shall file a combined reply in support of their motion to dismiss and opposition to Plaintiffs' motion for summary judgment on or before July 18, 2019, and that supporting memorandum shall not exceed fifty (50) pages; and Plaintiffs shall file a reply in support of their motion for summary judgment on or before August 22, 2019, and any supporting memorandum shall not exceed twenty-five (25) pages. Signed by Judge Randolph D. Moss on 5/17/2019. (lcrdm2, )

May 17, 2019

May 17, 2019

PACER

Set/Reset Deadlines: Plaintiffs shall file a combined motion for summary judgment and opposition to Defendants' motion to dismiss on or before 6/3/2019; Any amicus briefs in support of Plaintiffs shall be filed on or before 6/10/2019; Defendants shall file a combined reply in support of their motion to dismiss and opposition to Plaintiffs' motion for summary judgment on or before 7/18/2019; Plaintiffs shall file a reply in support of their motion for summary judgment on or before 8/22/2019. (kt)

May 17, 2019

May 17, 2019

PACER
23

MOTION for Summary Judgment by ALAN ALPER, ANGELICA CASTANON, LAURIE DAVIS, VANESSA FRANCIS, ABSALOM JORDAN, MANDA KELLEY, ABBY LOEFFLER, SILVIA MARTINEZ, GABRIELA MOSSI, DEBORAH SHORE, SUSANNAH WEAVER (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Text of Proposed Order)(Wright, Christopher) (Entered: 06/03/2019)

June 3, 2019

June 3, 2019

PACER
24

Memorandum in opposition to re 21 MOTION to Dismiss filed by ALAN ALPER, ANGELICA CASTANON, LAURIE DAVIS, VANESSA FRANCIS, ABSALOM JORDAN, MANDA KELLEY, ABBY LOEFFLER, SILVIA MARTINEZ, GABRIELA MOSSI, DEBORAH SHORE, SUSANNAH WEAVER. (Attachments: # 1 Statement of Facts, # 2 Text of Proposed Order)(Wright, Christopher) (Entered: 06/03/2019)

June 3, 2019

June 3, 2019

PACER
37

MOTION for Leave to File Amicus Brief by DAVID C. KRUCOFF (Attachments: # 1 Text of Proposed Order, # 2 Amicus Brief)(ztd); ("Let it be Filed" signed 6/6/19 by Judge Randolph D. Moss) Modified event on 6/12/2019 (znmw). (Entered: 06/11/2019)

1 Text of Proposed Order

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2 Amicus Brief

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June 6, 2019

June 6, 2019

RECAP
25

NOTICE of Appearance by Douglas N. Letter on behalf of UNITED STATES HOUSE OF REPRESENTATIVES (Letter, Douglas) (Entered: 06/10/2019)

June 10, 2019

June 10, 2019

PACER
26

NOTICE of Appearance by Megan Barbero on behalf of UNITED STATES HOUSE OF REPRESENTATIVES (Barbero, Megan) (Entered: 06/10/2019)

June 10, 2019

June 10, 2019

PACER
27

NOTICE of Appearance by Josephine T. Morse on behalf of UNITED STATES HOUSE OF REPRESENTATIVES (Morse, Josephine) (Entered: 06/10/2019)

June 10, 2019

June 10, 2019

PACER
28

Consent MOTION for Leave to File Amicus Curiae Brief by UNITED STATES HOUSE OF REPRESENTATIVES (Attachments: # 1 Exhibit Amicus Brief, # 2 Text of Proposed Order)(Letter, Douglas) (Entered: 06/10/2019)

June 10, 2019

June 10, 2019

PACER
29

Unopposed MOTION for Leave to File Amicus Curiae Brief by KENNETH R. BOWLING, WILLIAM C. DIGIACOMANTONIO, GEORGE DEREK MUSGROVE (Attachments: # 1 Text of Proposed Order, # 2 Proposed Amicus Curiae Brief)(Bress, Richard) (Entered: 06/10/2019)

1 Text of Proposed Order

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2 Proposed Amicus Curiae Brief

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June 10, 2019

June 10, 2019

PACER
30

Unopposed MOTION for Leave to File Memorandum of Law as Amici Curiae in Support of Plaintiffs by ALAN B. MORRISON, PETER B. EDELMAN, LAWRENCE LESSIG, PETER M. SHANE, PETER J. SMITH, KATHLEEN M. SULLIVAN (Attachments: # 1 Text of Proposed Order, # 2 Proposed Amici Curiae Brief)(Stein, William) (Entered: 06/10/2019)

1 Text of Proposed Order

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2 Proposed Amici Curiae Brief

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June 10, 2019

June 10, 2019

RECAP
31

Unopposed MOTION for Leave to File Amicus Curai Brief by WASHINGTON LAWYERS' COMMITTEE FOR CIVIL RIGHTS AND URBAN AFFAIRS, NEIGHBORS UNITED FOR DC STATEHOOD, THE LEAGUE OF WOMEN VOTERS OF THE UNITED STATES, THE LEAGUE OF WOMEN VOTERS OF THE DISTRICT OF COLUMBIA, DC VOTE, CIVIL LIBERTIES UNION OF THE DISTRICT OF COLUMBIA (Attachments: # 1 Exhibit A, Proposed Amicus Brief, # 2 Text of Proposed Order)(Wahl, Barbara) (Entered: 06/10/2019)

June 10, 2019

June 10, 2019

PACER
32

MOTION for Leave to File Amicus Curiae Brief by THE DISTRICT OF COLUMBIA (Attachments: # 1 Exhibit)(Palmer, Gavin) (Entered: 06/10/2019)

1 Exhibit

View on PACER

June 10, 2019

June 10, 2019

RECAP
33

MOTION for Leave to File Amici Curiae Brief by CONCERNED DISTRICT OF COLUMBIA LEGAL ORGANIZATIONS, CONCERNED DISTRICT OF COLUMBIA LEGAL PROFESSIONALS (Attachments: # 1 Exhibit A: Proposed Amici Curiae Brief, # 2 Exhibit 1: Amici Curiae, # 3 Exhibit 2: ABA Policy (excerpt), # 4 Exhibit 3: Attorney Oath of Admission, # 5 Exhibit 4: DC Appleseed Letter (9/5/2008), # 6 Text of Proposed Order)(Masters, Lorelie) (Entered: 06/10/2019)

1 Exhibit A: Proposed Amici Curiae Brief

View on RECAP

2 Exhibit 1: Amici Curiae

View on PACER

3 Exhibit 2: ABA Policy (excerpt)

View on PACER

4 Exhibit 3: Attorney Oath of Admission

View on PACER

5 Exhibit 4: DC Appleseed Letter (9/5/2008)

View on RECAP

6 Text of Proposed Order

View on PACER

June 10, 2019

June 10, 2019

PACER
34

NOTICE of Appearance by Lorelie S. Masters on behalf of CONCERNED DISTRICT OF COLUMBIA LEGAL ORGANIZATIONS, CONCERNED DISTRICT OF COLUMBIA LEGAL PROFESSIONALS (Masters, Lorelie) (Entered: 06/10/2019)

June 10, 2019

June 10, 2019

PACER
35

NOTICE of Appearance by Aaron M. Flynn on behalf of CONCERNED DISTRICT OF COLUMBIA LEGAL ORGANIZATIONS, CONCERNED DISTRICT OF COLUMBIA LEGAL PROFESSIONALS (Flynn, Aaron) (Entered: 06/10/2019)

June 10, 2019

June 10, 2019

PACER
36

ERRATA by CONCERNED DISTRICT OF COLUMBIA LEGAL ORGANIZATIONS, CONCERNED DISTRICT OF COLUMBIA LEGAL PROFESSIONALS 33 MOTION for Leave to File Amici Curiae Brief filed by CONCERNED DISTRICT OF COLUMBIA LEGAL ORGANIZATIONS, CONCERNED DISTRICT OF COLUMBIA LEGAL PROFESSIONALS. (Masters, Lorelie) (Entered: 06/11/2019)

June 11, 2019

June 11, 2019

RECAP

Order on Motion for Leave to File

June 11, 2019

June 11, 2019

PACER

MINUTE ORDER: Upon the motions for leave to file amicus curiae briefs, Dkt. 28, 29, 30, 31, 32, 33, 37, it is hereby ORDERED that the motions are GRANTED. The amicus curiae briefs, Dkt. [28-1], [29-2], [30-2], [31-2], [32-1], [33-2], [37-2], are hereby DEEMED FILED. Signed by Judge Randolph D. Moss on 6/11/2019. (lcrdm2, )

June 11, 2019

June 11, 2019

PACER
38

AMICUS BRIEF by UNITED STATES HOUSE OF REPRESENTATIVES. (ztd) (Entered: 06/17/2019)

June 11, 2019

June 11, 2019

Clearinghouse
39

AMICUS BRIEF by KENNETH R. BOWLING, WILLIAM C. DIGIACOMANTONIO, GEORGE DEREK MUSGROVE. (ztd) (Entered: 06/17/2019)

June 11, 2019

June 11, 2019

PACER
40

AMICUS BRIEF by PETER B. EDELMAN, LAWRENCE LESSIG, ALAN B. MORRISON, PETER M. SHANE, PETER J. SMITH, KATHLEEN M. SULLIVAN. (ztd) (Entered: 06/17/2019)

June 11, 2019

June 11, 2019

PACER
41

AMICUS BRIEF by CIVIL LIBERTIES UNION OF THE DISTRICT OF COLUMBIA, DC VOTE, LEAGUE OF WOMEN VOTERS OF THE DISTRICT OF COLUMBIA, LEAGUE OF WOMEN VOTERS OF THE UNITED STATES, NEIGHBORS UNITED FOR DC STATEHOOD, WASHINGTON LAWYERS' COMMITTEE FOR CIVIL RIGHTS AND URBAN AFFAIRS. (ztd) (Entered: 06/17/2019)

June 11, 2019

June 11, 2019

PACER
42

AMICUS BRIEF by DISTRICT OF COLUMBIA. (ztd) (Entered: 06/17/2019)

June 11, 2019

June 11, 2019

PACER
43

AMICUS BRIEF by CONCERNED DISTRICT OF COLUMBIA LEGAL ORGANIZATIONS, CONCERNED DISTRICT OF COLUMBIA LEGAL PROFESSIONALS. (ztd) (Entered: 06/17/2019)

June 11, 2019

June 11, 2019

PACER
44

AMICUS BRIEF by DAVID C. KRUCOFF. (ztd) (Entered: 06/17/2019)

June 11, 2019

June 11, 2019

PACER
45

ERRATA by DAVID C. KRUCOFF 44 Amicus Brief filed by DAVID C. KRUCOFF. (Attachments: # 1 Exhibit Amicus)(ztd) (Entered: 06/19/2019)

June 18, 2019

June 18, 2019

PACER
46

AMICUS BRIEF by JOHN H. PAGE. (ztd); ("Let it be Filed" signed 7/2/19 by Judge Randolph D. Moss) (Entered: 07/11/2019)

July 2, 2019

July 2, 2019

PACER

.Order

July 10, 2019

July 10, 2019

PACER

MINUTE ORDER: The Court is in receipt of an amicus brief "in support of plaintiffs in part and in support of defendants in part." The Court will grant leave to file this amicus brief and it is further ORDERED that any further amicus briefs in support of Defendants shall be filed on or before July 25, 2019, and any such briefs shall not exceed fifteen (15) pages each. Signed by Judge Randolph D. Moss on 7/10/2019. (lcrdm2, )

July 10, 2019

July 10, 2019

PACER

Set/Reset Deadlines

July 11, 2019

July 11, 2019

PACER

Set/Reset Deadlines: Amicus Briefs due by 7/25/2019. (kt)

July 11, 2019

July 11, 2019

PACER
47

Memorandum in opposition to re 23 MOTION for Summary Judgment and Combined Reply in Support of Defendants' Motion to Dismiss filed by JULIE ADAMS, ORRIN G. HATCH, MICHAEL R. PENCE, WILBUR ROSS, MICHAEL STENGER, DONALD J. TRUMP, UNITED STATES OF AMERICA. (Attachments: # 1 Statement of Facts Response to Plaintiffs' Local Rule 7(H) Statement)(Kopplin, Rebecca) (Entered: 07/18/2019)

1 Statement of Facts Response to Plaintiffs' Local Rule 7(H) Statement

View on PACER

July 18, 2019

July 18, 2019

PACER
48

REPLY to opposition to motion re 21 MOTION to Dismiss and Combined Opposition to Plaintiffs' Motion for Summary Judgment filed by JULIE ADAMS, ORRIN G. HATCH, MICHAEL R. PENCE, WILBUR ROSS, MICHAEL STENGER, DONALD J. TRUMP, UNITED STATES OF AMERICA. (Kopplin, Rebecca) (Entered: 07/18/2019)

July 18, 2019

July 18, 2019

Clearinghouse
49

NOTICE of Appearance by Latosha Marie Ellis on behalf of CONCERNED DISTRICT OF COLUMBIA LEGAL ORGANIZATIONS, CONCERNED DISTRICT OF COLUMBIA LEGAL PROFESSIONALS (Ellis, Latosha) (Entered: 08/06/2019)

Aug. 6, 2019

Aug. 6, 2019

PACER
50

REPLY to opposition to motion re 23 MOTION for Summary Judgment filed by ALAN ALPER, ANGELICA CASTANON, LAURIE DAVIS, VANESSA FRANCIS, ABSALOM JORDAN, MANDA KELLEY, ABBY LOEFFLER, SILVIA MARTINEZ, GABRIELA MOSSI, DEBORAH SHORE, SUSANNAH WEAVER. (Wright, Christopher) (Entered: 08/22/2019)

Aug. 22, 2019

Aug. 22, 2019

PACER

MINUTE ORDER: It is hereby ORDERED that the parties shall appear for oral argument before the three-judge court on Defendants' motion to dismiss, Dkt. 21, and Plaintiffs' motion for summary judgment, Dkt. 23 on October 24, 2019 at 10:00 a.m. in Courtroom 20 - Ceremonial Courtroom. Signed by Judge Randolph D. Moss on 09/10/2019. (lcrdm2, ) Modified on 9/11/2019 to add "Ceremonial Courtroom" (kt).

Sept. 10, 2019

Sept. 10, 2019

PACER

.Order

Sept. 11, 2019

Sept. 11, 2019

PACER

Set/Reset Hearings

Sept. 11, 2019

Sept. 11, 2019

PACER

Set/Reset Hearings: Motion Hearing set for 10/24/2019, at 10:00 AM, in Courtroom 20 - Ceremonial Courtroom, before Judge Randolph D. Moss, Judge Robert L. Wilkins, and Judge Trevor N. McFadden. (kt)

Sept. 11, 2019

Sept. 11, 2019

PACER
51

Unopposed MOTION to Continue the October 24, 2019 Hearing by JULIE ADAMS, ORRIN G. HATCH, MICHAEL R. PENCE, WILBUR ROSS, MICHAEL STENGER, DONALD J. TRUMP, UNITED STATES OF AMERICA (Attachments: # 1 Text of Proposed Order)(Kopplin, Rebecca) (Entered: 09/11/2019)

Sept. 11, 2019

Sept. 11, 2019

PACER

Order on Motion to Continue

Sept. 17, 2019

Sept. 17, 2019

PACER

MINUTE ORDER: Upon consideration of Defendants' unopposed motion for continuance, Dkt. 51, it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that the hearing previously scheduled on October 24, 2019 is hereby VACATED and RESCHEDULED for November 26, 2019 at 10:30 a.m. in Courtroom 20. Signed by Judge Randolph D. Moss on 09/17/2019. (lcrdm2,

Sept. 17, 2019

Sept. 17, 2019

PACER

Set/Reset Hearings

Sept. 18, 2019

Sept. 18, 2019

PACER

Set/Reset Hearings: The Motion Hearing set for 10/24/2019 is VACATED and RESCHEDULED for 11/26/2019, at 10:30 AM, in Courtroom 20 - Ceremonial Courtroom, before Judge Randolph D. Moss, Judge Robert L. Wilkins, and Judge Trevor N. McFadden. (kt)

Sept. 18, 2019

Sept. 18, 2019

PACER
52

MOTION for Leave to Present Argument by UNITED STATES HOUSE OF REPRESENTATIVES (Attachments: # 1 Text of Proposed Order)(Letter, Douglas) (Entered: 11/12/2019)

Nov. 12, 2019

Nov. 12, 2019

PACER

Order on Motion for Miscellaneous Relief

Nov. 15, 2019

Nov. 15, 2019

PACER

MINUTE ORDER: Upon consideration of the United States House of Representatives' motion for leave to participate in oral argument, Dkt. 52, it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that, at oral argument, Plaintiffs shall have thirty minutes to present argument; Defendants shall have forty minutes; and the House of Representatives shall have ten minutes. Signed by Judge Randolph D. Moss on 11/15/19. (lcrdm1)

Nov. 15, 2019

Nov. 15, 2019

PACER

Motion Hearing

Nov. 26, 2019

Nov. 26, 2019

PACER

Minute Entry for proceedings held before Judge Randolph D. Moss, Judge Robert L. Wilkins, and Judge Trevor N. McFadden: Motion Hearing held on 11/26/2019 re: Defendants' 21 MOTION to Dismiss and Plaintiffs' 23 MOTION for Summary Judgment . MATTERS TAKEN UNDER ADVISEMENT. (Court Reporter Jeff Hook.) (kt)

Nov. 26, 2019

Nov. 26, 2019

PACER
53

NOTICE OF SUBSTITUTION OF COUNSEL by Loren Linn AliKhan on behalf of DISTRICT OF COLUMBIA Substituting for attorney Gavin N. Palmer (AliKhan, Loren) (Entered: 01/17/2020)

Jan. 17, 2020

Jan. 17, 2020

PACER
54

MEMORANDUM OPINION: For the reasons stated in this Memorandum Opinion, the Court will REMAND those of Plaintiffs' claims seeking Senate representation to the single District Judge to whom the case was originally assigned, will GRANT IN PART Defendants' Motion to Dismiss, ECF No. 21, and will DENY Plaintiffs' Motion for Summary Judgment, ECF No. 23 . An accompanying order will follow. See document for details. Signed by Judge Robert L. Wilkins, Judge Randolph D. Moss, and Judge Trevor N. McFadden on 03/12/2020. (lcrdm2, ) Modified on 3/13/2020 to add all judges who signed. (kt). (Main Document 54 replaced on 3/13/2020 to correct typo) (kt). (Entered: 03/12/2020)

March 12, 2020

March 12, 2020

Clearinghouse

~Util - Set/Reset Deadlines

March 12, 2020

March 12, 2020

PACER

.Order

March 12, 2020

March 12, 2020

PACER
55

ORDER: For the reasons stated in the Court's Memorandum Opinion, ECF No. 54, it is hereby ORDERED that those of Plaintiffs' claims seeking Senate representation are REMANDED to the single District Judge to whom they were originally assigned. Defendants' Motion to Dismiss, ECF No. 21, is GRANTED IN PART; all of Plaintiffs' claims except those seeking Senate representation are DISMISSED. Plaintiffs' Motion for Summary Judgment, ECF No. 23, is DENIED. See document for details. Signed by Judge Robert L. Wilkins, Judge Randolph D. Moss, and Judge Trevor N. McFadden on 03/12/2020. (lcrdm2, ) Modified on 3/13/2020 to add all judges who signed. (kt). (Entered: 03/12/2020)

March 12, 2020

March 12, 2020

RECAP

MINUTE ORDER: In light of the Court's Memorandum Opinion, ECF. 54, the parties are hereby ORDERED to meet and confer regarding the claims remanded to the single-judge Court and to file a joint status report on or before April 9, 2020, proposing next steps for litigating the remanded claims. Signed by Judge Randolph D. Moss on 03/12/2020. (lcrdm2, )

March 12, 2020

March 12, 2020

PACER
56

TRANSCRIPT OF MOTION HEARING before Judge Randolph D. Moss held on November 26, 2019. Page Numbers: 1 - 104. Date of Issuance: March 31, 2020. Court Reporter: Jeff Hook. Contact Information: 202-354-3373 / jeff_hook@dcd.uscourts.gov. Transcripts may be ordered by submitting the Transcript Order FormFor the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or pu rchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 4/21/2020. Redacted Transcript Deadline set for 5/1/2020. Release of Transcript Restriction set for 6/29/2020.(Hook, Jeff) (Entered: 03/31/2020)

March 31, 2020

March 31, 2020

PACER
57

Joint STATUS REPORT by ALAN ALPER, ANGELICA CASTANON, LAURIE DAVIS, VANESSA FRANCIS, ABSALOM JORDAN, MANDA KELLEY, ABBY LOEFFLER, SILVIA MARTINEZ, GABRIELA MOSSI, DEBORAH SHORE, SUSANNAH WEAVER. (Wright, Christopher) (Entered: 04/01/2020)

April 1, 2020

April 1, 2020

PACER
58

MOTION for Reconsideration by ALAN ALPER, ANGELICA CASTANON, LAURIE DAVIS, VANESSA FRANCIS, ABSALOM JORDAN, MANDA KELLEY, ABBY LOEFFLER, SILVIA MARTINEZ, GABRIELA MOSSI, DEBORAH SHORE, SUSANNAH WEAVER (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(Wright, Christopher). Added MOTION to Alter Judgment on 5/28/2020 (ztd). (Entered: 04/09/2020)

April 9, 2020

April 9, 2020

PACER
59

Joint MOTION for Extension of Time to File Response/Reply as to 58 MOTION for Reconsideration by JULIE ADAMS, ORRIN G. HATCH, MICHAEL R. PENCE, WILBUR L. ROSS, JR, MICHAEL STENGER, DONALD J. TRUMP, UNITED STATES OF AMERICA (Attachments: # 1 Text of Proposed Order)(Kopplin, Rebecca) (Entered: 04/16/2020)

April 16, 2020

April 16, 2020

PACER

Set/Reset Deadlines

April 17, 2020

April 17, 2020

PACER

Case Details

State / Territory: District of Columbia

Case Type(s):

Election/Voting Rights

Special Collection(s):

Law Firm Antiracism Alliance (LFAA) project

Key Dates

Filing Date: May 18, 2018

Closing Date: Oct. 20, 2021

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Plaintiffs were ten individual United States citizens residing in the various Wards of the District of Columbia.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Unknown

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

The United States of America (District of Columbia), Federal

United States House of Representatives (District of Columbia), Federal

United States Senate (District of Columbia), Federal

Defendant Type(s):

Jurisdiction-wide

Case Details

Constitutional Clause(s):

Due Process: Procedural Due Process

Due Process: Substantive Due Process

Fifteenth Amendment

Special Case Type(s):

Three-Judge District Court

Available Documents:

Trial Court Docket

Complaint (any)

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

Voting:

Redistricting/district composition