Case: Common Cause Georgia v. Kemp

1:18-cv-05102 | U.S. District Court for the Northern District of Georgia

Filed Date: Nov. 5, 2018

Closed Date: May 29, 2020

Clearinghouse coding complete

Case Summary

This is a case about Georgia's alleged insecure storage of voter information. Plaintiff, a non-partisan lobbying group, filed a lawsuit against the Secretary of State of Georgia in the U.S. District Court for the North District of Georgia on November 5, 2018, that alleged that information in the voter registration server is vulnerable to multiple security breaches and exploitable by manipulation of voter data. The server is used at polls to determine whether voters are eligible to vote. Plainti…

This is a case about Georgia's alleged insecure storage of voter information.

Plaintiff, a non-partisan lobbying group, filed a lawsuit against the Secretary of State of Georgia in the U.S. District Court for the North District of Georgia on November 5, 2018, that alleged that information in the voter registration server is vulnerable to multiple security breaches and exploitable by manipulation of voter data. The server is used at polls to determine whether voters are eligible to vote. Plaintiff further alleged that the Secretary of State failed to maintain the security of voter information despite known vulnerabilities. Additionally, Plaintiff alleged that defendant's knowing maintenance of unsecure and unreliable database increased risk that eligible voters have been and will continue to be removed from the database or have registration data unlawfully manipulated thereby preventing them from voting.  This case was assigned to Judge Amy Mil Totenberg.

Plaintiff sought an injunction for violating due process clause of the 14th amendment, as well as violating the Help America Vote Act. The Help America Vote Act requires states to count provisional ballots if it is proven the individual was incorrectly marked ineligible. The plaintiff only sought an injunction under the Act if there was a statistically significant increase in percentage of provisional ballots relative to the total number in prior elections.

On November 7, 2018, Plaintiff additionally requested a temporary restraining order (TRO) enjoining the rejection of any provisional ballots cast during the 2018 election pending a decision on the merits. 

On November 12, 2018, the court concluded the plaintiff should be granted the TRO in part because statistical evidence and witness declarations persuasively demonstrated a substantial likelihood of success on the merits; the plaintiff includes members who may never have voted before and may thus be more vulnerable to confusion created by erroneous registration information and mismanagement at the polls; and plaintiff’s TRO can be limited in such a way that balances harms to all parties. The court further enjoined the Secretary of State from certifying the results of the election prior to a predetermined deadline and, upon receipt of certified returns form county superintendents, direct the counties to engage in a good faith review of the eligibility of voters issued provisional ballots or engage in an independent review of the same caliber.

The court later dismissed the case with prejudice on Jun 18, 2019 and granted plaintiff attorney’s fees after the close of litigation. The defendants appealed the order of attorney's fees to the 11th Circuit, who affirmed the order in November 2021. 

This case is now closed. 

Summary Authors

Grace Amato (4/17/2024)

Related Cases

The Democratic Party of Georgia v. Crittenden, Northern District of Georgia (2018)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/8145035/parties/common-cause-georgia-v-kemp/


Judge(s)
Attorney for Plaintiff

Atkins, Robert A. (Georgia)

Berse, Farrah R. (Georgia)

Campbell, Christopher G. (Georgia)

Attorney for Defendant

Anderson, Kimberly K. (Georgia)

Belinfante, Joshua Barrett (Georgia)

Expert/Monitor/Master/Other

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Documents in the Clearinghouse

Document
1

1:18-cv-05102

Complaint

Nov. 5, 2018

Nov. 5, 2018

Complaint
15

1:18-cv-05102

Plaintiff’s Notice of and Motion For a Temporary Restraining Order and Expedited Discovery

Nov. 7, 2018

Nov. 7, 2018

Pleading / Motion / Brief

347 F.Supp.3d 1270

62

1:18-cv-05102

Order

Nov. 12, 2018

Nov. 12, 2018

Order/Opinion

347 F.Supp.3d 1270

65

1:18-cv-05102

Order

Nov. 14, 2018

Nov. 14, 2018

Order/Opinion

347 F.Supp.3d 1270

123

1:18-cv-05102

CIVIL ACTION NO. 1:18-cv-5102-AT

Common Cause Georgia v. Raffensperger

May 29, 2020

May 29, 2020

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/8145035/common-cause-georgia-v-kemp/

Last updated June 13, 2025, 9:17 p.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT for DECLARATORY AND INJUNCTIVE RELIEF filed by Common Cause Georgia. (Filing fee $400, receipt number 113E-8254855) (Attachments: # 1 Civil Cover Sheet)(cmd) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions and Pretrial Associated Forms which includes the Consent To Proceed Before U.S. Magistrate form. (Entered: 11/06/2018)

1 Civil Cover Sheet

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Nov. 5, 2018

Nov. 5, 2018

Clearinghouse

Submission of 1 Complaint to District Judge Eleanor L. Ross. (cmd)

Nov. 6, 2018

Nov. 6, 2018

PACER
2

Electronic Summons Issued as to Brian Kemp. (cmd) (Entered: 11/06/2018)

Nov. 6, 2018

Nov. 6, 2018

PACER

Submission to District Judge

Nov. 6, 2018

Nov. 6, 2018

PACER
3

NOTICE FROM THE COURT: INSTRUCTIONS FOR CIVIL CASES ASSIGNED TO THE HONORABLE ELEANOR L. ROSS. (mlb) (Entered: 11/06/2018)

Nov. 6, 2018

Nov. 6, 2018

PACER
4

ORDER REASSIGNING CASE: After a review of this case, the Court finds that it is related to Curling v. Kemp, 1:17-cv-02989-AT, as indicated on Plaintiff's civil cover sheet. [Doc. 1-1]. Accordingly, the Court DIRECTS the Clerk to reassign this case to Judge Amy Totenberg. Signed by Judge Eleanor L. Ross on 11/6/2018. (cmd) (Entered: 11/06/2018)

Nov. 6, 2018

Nov. 6, 2018

RECAP

Submission of 1 Complaint to District Judge Amy Totenberg. (cmd)

Nov. 6, 2018

Nov. 6, 2018

PACER
5

STANDING ORDER: GUIDELINES TO PARTIES AND COUNSEL PROCEEDING BEFORE THE HONORABLE AMY TOTENBERG. You are required to sign and file a Certificate of Compliance in a format consistent with the Certificate of Compliance attached hereto. To request to file material under seal, the Parties should follow the mechanism described in Section II(J) of Appendix H to the Courts Local Civil Rules. Signed by Judge Amy Totenberg on 11/6/18. (ddm) (Entered: 11/06/2018)

Nov. 6, 2018

Nov. 6, 2018

PACER
6

APPLICATION for Admission of Farrah R Berse Pro Hac Vice (Application fee $ 150, receipt number 113E-8260340)by Common Cause Georgia. (Campbell, Christopher) (Entered: 11/07/2018)

Nov. 7, 2018

Nov. 7, 2018

PACER
7

APPLICATION for Admission of Maximillian Feldman Pro Hac Vice (Application fee $ 150, receipt number 113E-8260359)by Common Cause Georgia. (Campbell, Christopher) (Entered: 11/07/2018)

Nov. 7, 2018

Nov. 7, 2018

PACER
8

APPLICATION for Admission of Myrna Perez Pro Hac Vice (Application fee $ 150, receipt number 113E-8260367)by Common Cause Georgia. (Campbell, Christopher) (Entered: 11/07/2018)

Nov. 7, 2018

Nov. 7, 2018

PACER
9

APPLICATION for Admission of Lawrence Norden Pro Hac Vice (Application fee $ 150, receipt number 113E-8260368)by Common Cause Georgia. (Campbell, Christopher) (Entered: 11/07/2018)

Nov. 7, 2018

Nov. 7, 2018

PACER
10

APPLICATION for Admission of Wendy Weiser Pro Hac Vice (Application fee $ 150, receipt number 113E-8260370)by Common Cause Georgia. (Campbell, Christopher) (Entered: 11/07/2018)

Nov. 7, 2018

Nov. 7, 2018

PACER
11

APPLICATION for Admission of Makiko Hiromi Pro Hac Vice (Application fee $ 150, receipt number 113E-8260372)by Common Cause Georgia. (Campbell, Christopher) (Entered: 11/07/2018)

Nov. 7, 2018

Nov. 7, 2018

PACER
12

APPLICATION for Admission of Melina Maria Meneguin Layerenza Pro Hac Vice (Application fee $ 150, receipt number 113E-8260377)by Common Cause Georgia. (Campbell, Christopher) (Entered: 11/07/2018)

Nov. 7, 2018

Nov. 7, 2018

PACER
13

APPLICATION for Admission of Robert A Atkins Pro Hac Vice (Application fee $ 150, receipt number 113E-8260379)by Common Cause Georgia. (Campbell, Christopher) (Entered: 11/07/2018)

Nov. 7, 2018

Nov. 7, 2018

PACER
14

APPLICATION for Admission of William E Freeland Pro Hac Vice (Application fee $ 150, receipt number 113E-8260380)by Common Cause Georgia. (Campbell, Christopher) (Entered: 11/07/2018)

Nov. 7, 2018

Nov. 7, 2018

PACER
15

MOTION for Temporary Restraining Order and Expedited Discovery IMMEDIATE HEARING REQUESTED with Brief In Support by Common Cause Georgia. (Attachments: # 1 Brief, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Affidavit, # 13 Text of Proposed Order)(Campbell, Christopher) (Entered: 11/07/2018)

1 Brief

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2 Exhibit

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3 Exhibit

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4 Exhibit

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5 Exhibit

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6 Exhibit

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7 Exhibit

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8 Exhibit

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9 Exhibit

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10 Exhibit

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11 Exhibit

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12 Affidavit

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13 Text of Proposed Order

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Nov. 7, 2018

Nov. 7, 2018

Clearinghouse
16

CERTIFICATE of Counsel Certificate of Compliance by Christopher G. Campbell on behalf of Common Cause Georgia (Campbell, Christopher) (Entered: 11/07/2018)

Nov. 7, 2018

Nov. 7, 2018

PACER
17

ORDER Scheduling Immediate Hearing re 15 MOTION for Temporary Restraining Order. Hearing set for 11/8/2018 at 02:00 PM in ATLA Courtroom 2308 before Judge Amy Totenberg. The Court DIRECTS Plaintiffs counsel to serve a copy of this Order on the Defendant. Signed by Judge Amy Totenberg on 11/7/18. (hfm) (Entered: 11/07/2018)

Nov. 7, 2018

Nov. 7, 2018

PACER
18

ORDER: The Court has scheduled a hearing on Plaintiffs Motion for Temporary Restraining Order and Expedited Discovery. Upon reviewing the Motion, the Court anticipates that Plaintiff will need to submit testimony from a witness at the hearing or an affidavit from one or more election observers (poll watchers) or participants in the November 6, 2018 general election with regard to the factual issues raised in Plaintiffs Motion. The Court DIRECTS Plaintiffs counsel to serve a copy of this Order on the Defendant. Signed by Judge Amy Totenberg on 11/7/18. (hfm) (Entered: 11/07/2018)

Nov. 7, 2018

Nov. 7, 2018

PACER
19

NOTICE of Appearance by Bryan P. Tyson on behalf of Brian Kemp (Tyson, Bryan) (Entered: 11/07/2018)

Nov. 7, 2018

Nov. 7, 2018

PACER
20

ORDER: The Court DIRECTS Defendant to be prepared to address the following at the hearing on Plaintiffs Motion for Temporary Restraining Order and Expedited Discovery: (1) The total number of provisional ballots issued and returned statewide in the November 6, 2018 general election; (2) The total number of provisional ballots issued and returned by county in the November 6, 2018, general election; and (3) How the number of provisional ballots for the November 6, 2018, general election compares to the data on provisional ballots for the 2016 and 2014 general elections both by county and statewide. Signed by Judge Amy Totenberg on 11/8/18. (hfm) (Entered: 11/08/2018)

Nov. 8, 2018

Nov. 8, 2018

PACER

Approval of Application for Admission Pro Hac Vice

Nov. 8, 2018

Nov. 8, 2018

PACER
21

ORDER: The Court DIRECTS Plaintiff to either: (1) be prepared to submit testimony from a witness on behalf of Common Cause Georgia to establish a basis for the organizations standing in this matter, or (2) to file an affidavit from an individual representative on behalf of Common Cause Georgia to establish a basis for the organizations standing in this matter NO LATER THAN 1:30 PM TODAY. Signed by Judge Amy Totenberg on 11/8/18. (hfm) (Entered: 11/08/2018)

Nov. 8, 2018

Nov. 8, 2018

PACER
22

NOTICE of Appearance by Joshua Barrett Belinfante on behalf of Brian Kemp (Belinfante, Joshua) (Entered: 11/08/2018)

Nov. 8, 2018

Nov. 8, 2018

PACER
23

NOTICE of Appearance by Kimberly K. Anderson on behalf of Brian Kemp (Anderson, Kimberly) (Entered: 11/08/2018)

Nov. 8, 2018

Nov. 8, 2018

PACER
24

Return of Service Executed by Common Cause Georgia. Brian Kemp served on 11/7/2018, answer due 11/28/2018. (Campbell, Christopher) (Entered: 11/08/2018)

Nov. 8, 2018

Nov. 8, 2018

PACER
25

AFFIDAVIT re 15 MOTION for Temporary Restraining Order and Expedited Discovery - Declaration of Kevin Morris by Common Cause Georgia. (Campbell, Christopher) Modified on 11/8/2018 (hfm). (Entered: 11/08/2018)

Nov. 8, 2018

Nov. 8, 2018

PACER
26

AFFIDAVIT re 15 MOTION for Temporary Restraining Order and Expedited Discovery Declaration of Joshua A. Geltzer by Common Cause Georgia. (Campbell, Christopher) Modified on 11/8/2018 (hfm). (Entered: 11/08/2018)

Nov. 8, 2018

Nov. 8, 2018

PACER
27

AFFIDAVIT re 15 MOTION for Temporary Restraining Order and Expedited Discovery - Declaration of Harrison Wood by Common Cause Georgia. (Campbell, Christopher) Modified on 11/8/2018 (hfm). (Entered: 11/08/2018)

Nov. 8, 2018

Nov. 8, 2018

PACER
28

AFFIDAVIT re 15 MOTION for Temporary Restraining Order and Expedited Discovery - Declaration of Kathryn Grant - by Common Cause Georgia. (Campbell, Christopher) Modified on 11/8/2018 (hfm). (Entered: 11/08/2018)

Nov. 8, 2018

Nov. 8, 2018

PACER
29

AFFIDAVIT re 15 MOTION for Temporary Restraining Order and Expedited Discovery - Declaration of Sara Henderson - by Common Cause Georgia. (Campbell, Christopher) Modified on 11/8/2018 (hfm). (Entered: 11/08/2018)

Nov. 8, 2018

Nov. 8, 2018

PACER
30

AFFIDAVIT re 15 MOTION for Temporary Restraining Order and Expedited Discovery - Declaration of Jennifer Rose Flanagan - by Common Cause Georgia. (Campbell, Christopher) Modified on 11/8/2018 (hfm). (Entered: 11/08/2018)

Nov. 8, 2018

Nov. 8, 2018

PACER
31

AFFIDAVIT re 15 MOTION for Temporary Restraining Order and Expedited Discovery - Declaration of India Owens - by Common Cause Georgia. (Campbell, Christopher) Modified on 11/8/2018 (hfm). (Entered: 11/08/2018)

Nov. 8, 2018

Nov. 8, 2018

PACER
32

RESPONSE in Opposition re 15 MOTION for Temporary Restraining Order and Expedited Discovery filed by Brian Kemp. (Belinfante, Joshua) Modified on 11/8/2018 (hfm). (Entered: 11/08/2018)

Nov. 8, 2018

Nov. 8, 2018

RECAP
33

AFFIDAVIT re 32 Response in Opposition to Motion - Declaration of Chris Harvey by Brian Kemp. (Belinfante, Joshua) (Entered: 11/08/2018)

Nov. 8, 2018

Nov. 8, 2018

RECAP
34

AFFIDAVIT re 32 Response in Opposition to Motion - Declaration of Merritt Beaver by Brian Kemp. (Belinfante, Joshua) (Entered: 11/08/2018)

Nov. 8, 2018

Nov. 8, 2018

RECAP
35

AFFIDAVIT re 15 MOTION for Temporary Restraining Order and Expedited Discovery - Declaration of Dan S. Wallach - by Common Cause Georgia. (Campbell, Christopher) Modified on 11/8/2018 (hfm). (Entered: 11/08/2018)

Nov. 8, 2018

Nov. 8, 2018

PACER

APPROVAL by Clerks Office re: 8 APPLICATION for Admission of Myrna Perez Pro Hac Vice (Application fee $ 150, receipt number 113E-8260367). Attorney Myrna Perez added appearing on behalf of Common Cause Georgia (pmb)

Nov. 8, 2018

Nov. 8, 2018

PACER
36

AFFIDAVIT in Support re 15 MOTION for Temporary Restraining Order and Expedited Discovery IMMEDIATE HEARING REQUESTED / Declaration of Jordan Barry filed by Common Cause Georgia. (Campbell, Christopher) (Entered: 11/08/2018)

Nov. 8, 2018

Nov. 8, 2018

PACER
38

Minute Entry for proceedings held before Judge Amy Totenberg: Evidentiary Hearing held on 11/8/2018. Oral argument re 15 Motion for Temporary Restraining Order. Defendants witnesses Chris Harvey and Merritt Beaver sworn and testified. Defendants exhibits 1 and 2 admitted. (Court Reporter Shannon Welch)(jpa) (Entered: 11/09/2018)

Nov. 8, 2018

Nov. 8, 2018

RECAP
39

Declaration of Theresa Payton in Support of 32 Response in Opposition to Motion by Brian Kemp (Attachments: # 1 Exhibit A)(adg) Modified on 8/13/2019 to unseal document pursuant to 121 Order(bnp). (Entered: 11/09/2018)

1 Exhibit A

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Nov. 8, 2018

Nov. 8, 2018

RECAP
51

NOTICE of Appearance by Jody Marie Rhodes on behalf of Common Cause Georgia. (tcc) (Entered: 11/09/2018)

Nov. 8, 2018

Nov. 8, 2018

RECAP
37

RESPONSE in Support re 15 MOTION for Temporary Restraining Order and Expedited Discovery IMMEDIATE HEARING REQUESTED / Plaintiff's Memorandum of Law Regarding Standing in Further Support of Plaintiff's Motion for a Temporary Restraining Order filed by Common Cause Georgia. (Campbell, Christopher) (Entered: 11/09/2018)

Nov. 9, 2018

Nov. 9, 2018

RECAP

Order on Application for Admission PHV

Nov. 9, 2018

Nov. 9, 2018

PACER
40

RESPONSE re 38 Evidentiary Hearing, General Submission in Response to Court's Request for Information filed by Brian Kemp. (Belinfante, Joshua) (Entered: 11/09/2018)

Nov. 9, 2018

Nov. 9, 2018

PACER

Order on Motion for Extension of Time

Nov. 9, 2018

Nov. 9, 2018

PACER

ORDER (by docket entry only) granting 8 Application for Admission Pro Hac Vice of Petitioner Myrna Perez. By Judge Amy Totenberg on 11/9/18. (hfm)

Nov. 9, 2018

Nov. 9, 2018

PACER
41

ORDER: The Court DIRECTS Plaintiff to file an affidavit from a qualified statistician, NO LATER THAN 3:00 PM TODAY, based on the election data provided by Defendant in the Affidavit of Chris Harvey, regarding whether or not there is a statistically significant increase in the percentage of provisional ballots cast, relative to the total number of ballots cast, as follows: (a) between the 2018 election and the 2016 election; and (b) between the 2018 election and the 2014 election. Defendant may also submit an affidavit NO LATER THAN 3:00 PM TODAY. Signed by Judge Amy Totenberg on 11/9/19. (hfm) (Entered: 11/09/2018)

Nov. 9, 2018

Nov. 9, 2018

PACER

Approval of Application for Admission Pro Hac Vice

Nov. 9, 2018

Nov. 9, 2018

PACER
42

MOTION for Extension of Time to Comply with the Court's Order Requesting Expert Testimony re: 41 Order,, by Brian Kemp. (Belinfante, Joshua) (Entered: 11/09/2018)

Nov. 9, 2018

Nov. 9, 2018

PACER

Return of Application for Admission Pro Hac Vice

Nov. 9, 2018

Nov. 9, 2018

PACER

ORDER granting in part 42 Motion for Extension of Time to comply with the Court's 41 Order. Defendant and Plaintiff may have until 4:00 PM today to file the requested affidavits. By Judge Amy Totenberg on 11/9/18. (hfm)

Nov. 9, 2018

Nov. 9, 2018

PACER
43

RESPONSE re 38 Evidentiary Hearing, of Defendants Supplemental General Submission In Response To Courts Request For Information filed by Brian Kemp. (Attachments: # 1 Exhibit)(Belinfante, Joshua) (Entered: 11/09/2018)

Nov. 9, 2018

Nov. 9, 2018

PACER
44

REPLY BRIEF re 15 MOTION for Temporary Restraining Order and Expedited Discovery IMMEDIATE HEARING REQUESTED filed by Brian Kemp. (Belinfante, Joshua) (Entered: 11/09/2018)

Nov. 9, 2018

Nov. 9, 2018

RECAP
45

AFFIDAVIT re 41 Order,, Defendants Submission Of The Declaration Of John Alford by Brian Kemp. (Belinfante, Joshua) (Entered: 11/09/2018)

Nov. 9, 2018

Nov. 9, 2018

PACER
46

AFFIDAVIT re 41 Order,, - Declaration of Michael McDonald by Common Cause Georgia. (Attachments: # 1 Exhibit A)(Campbell, Christopher) (Entered: 11/09/2018)

1 Exhibit A

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Nov. 9, 2018

Nov. 9, 2018

RECAP
47

RESPONSE re 41 Order,, Supplemental Submission of Plaintiff Common Cause Georgia filed by Common Cause Georgia. (Attachments: # 1 Exhibit A)(Campbell, Christopher) (Entered: 11/09/2018)

Nov. 9, 2018

Nov. 9, 2018

PACER
48

AFFIDAVIT - Declaration of Edgardo Cortes by Common Cause Georgia. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Campbell, Christopher) (Entered: 11/09/2018)

1 Exhibit A

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2 Exhibit B

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Nov. 9, 2018

Nov. 9, 2018

RECAP
49

AFFIDAVIT - Declaration of Logan Lamb by Common Cause Georgia. (Attachments: # 1 Exhibit A)(Campbell, Christopher) (Entered: 11/09/2018)

Nov. 9, 2018

Nov. 9, 2018

RECAP
50

AFFIDAVIT - Declaration of Kevin Morris by Common Cause Georgia. (Campbell, Christopher) (Entered: 11/09/2018)

Nov. 9, 2018

Nov. 9, 2018

RECAP

APPROVAL by Clerks Office re: 7 APPLICATION for Admission of Maximillian Feldman Pro Hac Vice (Application fee $ 150, receipt number 113E-8260359). Attorney Maximillian Feldman added appearing on behalf of Common Cause Georgia (pmb)

Nov. 9, 2018

Nov. 9, 2018

PACER

APPROVAL by Clerks Office re: 6 APPLICATION for Admission of Farrah R Berse Pro Hac Vice (Application fee $ 150, receipt number 113E-8260340). Attorney Farrah R. Berse added appearing on behalf of Common Cause Georgia (pmb)

Nov. 9, 2018

Nov. 9, 2018

PACER

RETURN of 9 APPLICATION for Admission of Lawrence Norden Pro Hac Vice (Application fee $ 150, receipt number 113E-8260368) to attorney for correction re: NY. (pmb)

Nov. 9, 2018

Nov. 9, 2018

PACER
52

MOTION to Strike 50 Affidavit, 48 Affidavit, 46 Affidavit by Brian Kemp. (Belinfante, Joshua) (Entered: 11/09/2018)

Nov. 9, 2018

Nov. 9, 2018

RECAP
53

RESPONSE in Opposition re 52 MOTION to Strike 50 Affidavit, 48 Affidavit, 46 Affidavit filed by Common Cause Georgia. (Campbell, Christopher) (Entered: 11/10/2018)

Nov. 10, 2018

Nov. 10, 2018

RECAP
54

TRANSCRIPT of Hearing on Motion for Temporary Restraining Order Proceedings held on 11/8/2018, before Judge Amy Totenberg. Court Reporter/Transcriber Shannon R. Welch, RMR, CRR, Telephone number 404-215-1383. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 12/3/2018. Redacted Transcript Deadline set for 12/11/2018. Release of Transcript Restriction set for 2/8/2019. (Attachments: # 1 Notice of Filing Transcript) (srw) (Entered: 11/10/2018)

1 Notice of Filing Transcript

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Nov. 10, 2018

Nov. 10, 2018

RECAP
55

RESPONSE in Support re 15 MOTION for Temporary Restraining Order and Expedited Discovery IMMEDIATE HEARING REQUESTED (Plaintiff's Supplemental Submission in Support of Motion for a Temporary Restraining Order) filed by Common Cause Georgia. (Campbell, Christopher) (Entered: 11/10/2018)

Nov. 10, 2018

Nov. 10, 2018

PACER
56

AFFIDAVIT re 55 Response in Support of Motion, (Supplemental Declaration of Sara Henderson) by Common Cause Georgia. (Attachments: # 1 Exhibit A)(Campbell, Christopher) (Entered: 11/10/2018)

Nov. 10, 2018

Nov. 10, 2018

PACER
57

RESPONSE re 55 Response in Support of Motion, 38 Evidentiary Hearing, Sunday Supplemental General Submission in Response to Court's Requests for Information and Suggestion of Mootness of Plaintiff's Motion for TRO filed by Brian Kemp. (Tyson, Bryan) (Entered: 11/11/2018)

Nov. 11, 2018

Nov. 11, 2018

PACER
58

AFFIDAVIT re 55 Response in Support of Motion, (Supplemental Declaration of Kevin T. Morris) by Common Cause Georgia. (Attachments: # 1 Exhibit A, # 2 Certificate of Service)(Campbell, Christopher) (Entered: 11/11/2018)

Nov. 11, 2018

Nov. 11, 2018

PACER
59

RESPONSE re 57 Response (Non-Motion), filed by Common Cause Georgia. (Campbell, Christopher) (Entered: 11/11/2018)

Nov. 11, 2018

Nov. 11, 2018

PACER
60

NOTICE by Common Cause Georgia re 37 Response in Support of Motion, (Plaintiff's Supplemental Submission Regarding Standing) (Attachments: # 1 Declaration of Rudolph C. Richter, # 2 Declaration of Eugenia Lea Willingham)(Campbell, Christopher) (Entered: 11/11/2018)

1

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Nov. 11, 2018

Nov. 11, 2018

PACER
61

Certification of Consent to Substitution of Counsel. F. Skip Sugarman replacing attorney Christopher G. Campbell. (Sugarman, F.) (Entered: 11/12/2018)

Nov. 12, 2018

Nov. 12, 2018

PACER
62

Order GRANTING IN PART Plaintiff's 15 Motion for Temporary Restraining Order and Expedited Discovery and DENYING Defendant's 52 Motion to Strike the Declarations of Michael McDonald, Edgardo Cortes, and Kevin Morris. SEE ORDER FOR DETAILS. Signed by Judge Amy Totenberg on 11/12/2018. (acm) (Entered: 11/12/2018)

Nov. 12, 2018

Nov. 12, 2018

Clearinghouse
63

DEFENDANT'S EXHIBITS 1 AND 2 admitted and retained at the 38 TRO Hearing. Exhibits received from Courtroom Deputy and placed in the custody of the Records Clerks. (Attachments: # 1 Defendant's Exhibits 1 and 2) (jtj) (Entered: 11/13/2018)

Nov. 13, 2018

Nov. 13, 2018

PACER

Order on Application for Admission PHV

Nov. 13, 2018

Nov. 13, 2018

PACER
64

NOTICE of Appearance by Josh Belinfante, Ryan Teague, and Kimberly Anderson on behalf of Brian Kemp. (Teague, William) (Entered: 11/13/2018)

Nov. 13, 2018

Nov. 13, 2018

PACER

ORDER (by docket entry only) granting 6 and 7 Applications for Admission Pro Hac Vice of Petitioners Farrah R Berse and Maximillian Feldman. By Judge Amy Totenberg on 11/13/18. (hfm)

Nov. 13, 2018

Nov. 13, 2018

PACER

Approval of Application for Admission Pro Hac Vice

Nov. 13, 2018

Nov. 13, 2018

PACER

APPROVAL by Clerks Office re: 12 APPLICATION for Admission of Melina Maria Meneguin Layerenza Pro Hac Vice (Application fee $ 150, receipt number 113E-8260377). Attorney Melinda Maria Meneguin Layerenza added appearing on behalf of Common Cause Georgia (pmb)

Nov. 13, 2018

Nov. 13, 2018

PACER

APPROVAL by Clerks Office re: 13 APPLICATION for Admission of Robert A Atkins Pro Hac Vice (Application fee $ 150, receipt number 113E-8260379). Attorney Robert A. Atkins added appearing on behalf of Common Cause Georgia (pmb)

Nov. 13, 2018

Nov. 13, 2018

PACER
65

ORDER that Defendant SHALL NO LATER THAN NOON TODAY direct the Gwinnett Board of Registrars to: (1) proceed immediately to implement the supplemental review and relief process for PR coded provisional ballots ordered by the Court in Paragraph (2)(i) of its November 12, 2018 Order; (2) undertake all good faith efforts to verify the eligibility of any PR coded provisional ballot voters who have presented documentation of their registration status after the election through 2:00 p.m. on November 15, 2018, considering any information brought forth by voters as to their eligibility and all other information accessible to the Board of Registrars as to their registration status; and (3) add to the vote count to be certified all votes in those PR coded provisional ballots that are approved after this supplemental review (and any others previously approved), consistent with this Courts November 12, 2018 Order. The Court SHALL hold a telephone conference with counsel regarding the status of implementation of the remedy directed in the November 12, 2018 Order TODAY AT 12:30 PM and whether all counties that have submitted vote certifications have been transmitted the directive identified in the Order. Defendant is authorized to invite counsel for Gwinnett County to participate in this call. Counsel are DIRECTED to contact the Courts deputy clerk, Harry Martin, to provide a proposed conference call telephone call-in number no later than 10:00 A.M. The Clerk is DIRECTED to send a copy of this Order as well as its Order of November 12, 2018 to counsel of record for the Gwinnett County Board of Registrars (or Gwinnett County or the County itself who are appearing in Martin, et. al v. Crittenden, Civil Action No. 1:17-cv-2989-LMM (N.D. Ga)). Signed by Judge Amy Totenberg on 11/14/18. (hfm) (Entered: 11/14/2018)

Nov. 14, 2018

Nov. 14, 2018

Clearinghouse

Clerks Certificate of Mailing

Nov. 14, 2018

Nov. 14, 2018

PACER
66

CORRECTED ORDER re 65 Order. Order amended to correct referenced case numbers. Signed by Judge Amy Totenberg on 11/14/18. (hfm) (Entered: 11/14/2018)

Nov. 14, 2018

Nov. 14, 2018

RECAP

Order on Application for Admission PHV

Nov. 14, 2018

Nov. 14, 2018

PACER
67

ORDER Scheduling Teleconference. Teleconference set for 11/14/2018 at 12:30 before Judge Amy Totenberg. Signed by Judge Amy Totenberg on 11/14/18. (hfm) (Entered: 11/14/2018)

Nov. 14, 2018

Nov. 14, 2018

PACER

Clerk's Certificate of Service via E-Mail re 66 Corrected Order, 67 Order Scheduling Teleconference to attorneys of record for Gwinnett County Board of Voter Registration and Elections in case number 1:18-cv-04789-LMM. (hfm)

Nov. 14, 2018

Nov. 14, 2018

PACER

Approval of Application for Admission Pro Hac Vice

Nov. 14, 2018

Nov. 14, 2018

PACER

ORDER (by docket entry only) granting 12 and 13 Applications for Admission Pro Hac Vice for Petitioners Melina Maria Meneguin Layerenza and Robert A Atkins. By Judge Amy Totenberg on 11/14/18. (hfm)

Nov. 14, 2018

Nov. 14, 2018

PACER

APPROVAL by Clerks Office re: 10 APPLICATION for Admission of Wendy Weiser Pro Hac Vice (Application fee $ 150, receipt number 113E-8260370). Attorney Wendy Weiser added appearing on behalf of Common Cause Georgia (cdg)

Nov. 14, 2018

Nov. 14, 2018

PACER

APPROVAL by Clerks Office re: 14 APPLICATION for Admission of William E Freeland Pro Hac Vice (Application fee $ 150, receipt number 113E-8260380). Attorney William E. Freeland added appearing on behalf of Common Cause Georgia (cdg)

Nov. 14, 2018

Nov. 14, 2018

PACER
68

Minute Entry for proceedings held before Judge Amy Totenberg: Telephone Conference held on 11/14/2018 re 66 Order. (Court Reporter Shannon Welch)(jpa) (Entered: 11/15/2018)

Nov. 14, 2018

Nov. 14, 2018

RECAP

ORDER (by docket entry only) granting 10 and 14 Applications for Admission Pro Hac Vice of Petitioners Wendy Weiser and William E. Freeland. By Judge Amy Totenberg on 11/15/18. (hfm)

Nov. 15, 2018

Nov. 15, 2018

PACER

Order on Application for Admission PHV

Nov. 15, 2018

Nov. 15, 2018

PACER

APPROVAL by Clerks Office re: 11 APPLICATION for Admission of Makiko Hiromi Pro Hac Vice (Application fee $ 150, receipt number 113E-8260372). Attorney Makiko Hiromi added appearing on behalf of Common Cause Georgia (pmb)

Nov. 15, 2018

Nov. 15, 2018

PACER

Approval of Application for Admission Pro Hac Vice

Nov. 15, 2018

Nov. 15, 2018

PACER
69

MOTION of Investigative Reporter Greg Palast to File an Amicus Brief in Support of Plaintiff, with Brief In Support by Greg Palast. (Attachments: # 1 Brief, # 2 Supplement Proposed Amicus Statement, # 3 Exhibit A-Greg Palast Affidavit, # 4 Exhibit In support of Palast Affidavit-, # 5 Exhibit B-Palast, et al v. Kemp, # 6 Exhibit C-Affidavit of Rachel Garbus)(Mirer, Jeanne) Modified on 11/16/2018 to edit docket text. (jtj) (Entered: 11/15/2018)

1

View on RECAP

2

View on RECAP

Nov. 15, 2018

Nov. 15, 2018

PACER
70

TRANSCRIPT of Telephone Conference Proceedings held on 11/14/2018, before Judge Amy Totenberg. Court Reporter/Transcriber Shannon R. Welch, RMR, CRR, Telephone number 404-215-1383. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 12/11/2018. Redacted Transcript Deadline set for 12/21/2018. Release of Transcript Restriction set for 2/19/2019. (Attachments: # 1 Notice of Filing Transcript) (srw) (Entered: 11/20/2018)

1 Notice of Filing Transcript

View on PACER

Nov. 20, 2018

Nov. 20, 2018

PACER

Case Details