1
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COMPLAINT for Deprivation of Constitutional Rights, Injunctive Relief and Declaratory Relief against All Defendants (Filing fee $ 400 receipt number ATNWDC-2901555), filed by All Plaintiffs. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D- Voting on Thin Ice Report, # 6 Exhibit E, # 7 Exhibit F- Tre Hargett Letter, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J, # 12 Exhibit K, # 13 Summons Tre Hargett, # 14 Summons Mark Goins, # 15 Summons Tennessee Election Commission, # 16 Summons Kent Younce, # 17 Summons Judy Blackburn, # 18 Summons Greg Duckett, # 19 Summons Donna Barrett, # 20 Summons James Wallace, Jr., # 21 Summons Tom Wheeler, # 22 Summons Mike McDonald, # 23 Summons Shelby County Election Commission, # 24 Summons Robert Meyers, # 25 Summons Norma Lester, # 26 Summons Dee Nollner, # 27 Summons Steve Stamson, # 28 Summons Anthony Tate)(Chumney, Carol) (Entered: 10/12/2018)
1 Civil Cover Sheet
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2 Exhibit A
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3 Exhibit B
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4 Exhibit C
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5 Exhibit D- Voting on Thin Ice Report
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6 Exhibit E
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7 Exhibit F- Tre Hargett Letter
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8 Exhibit G
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9 Exhibit H
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10 Exhibit I
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11 Exhibit J
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12 Exhibit K
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13 Summons Tre Hargett
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14 Summons Mark Goins
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15 Summons Tennessee Election Commission
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16 Summons Kent Younce
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17 Summons Judy Blackburn
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18 Summons Greg Duckett
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19 Summons Donna Barrett
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20 Summons James Wallace, Jr.
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21 Summons Tom Wheeler
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22 Summons Mike McDonald
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23 Summons Shelby County Election Commission
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24 Summons Robert Meyers
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25 Summons Norma Lester
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26 Summons Dee Nollner
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27 Summons Steve Stamson
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28 Summons Anthony Tate
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Oct. 12, 2018
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Oct. 12, 2018
Clearinghouse
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2
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NOTICE of Summons by Carol J. Chumney on behalf of All Plaintiffs. (Chumney, Carol) (Entered: 10/12/2018)
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Oct. 12, 2018
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Oct. 12, 2018
PACER
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3
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Judge Thomas L. Parker and Chief Magistrate Judge Diane K. Vescovo added. (jld) (Entered: 10/12/2018)
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Oct. 12, 2018
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Oct. 12, 2018
PACER
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4
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Summons Issued as to Tre Hargett. The filer has been notified electronically that the summons has been issued, and the new docket entry reflects this. Upon notification of the new docket entry, the filer is to print the issued summons in order to effect service. (jld) (Entered: 10/12/2018)
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Oct. 12, 2018
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Oct. 12, 2018
PACER
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5
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Summons Issued as to Mark Goins. The filer has been notified electronically that the summons has been issued, and the new docket entry reflects this. Upon notification of the new docket entry, the filer is to print the issued summons in order to effect service. (jld) (Entered: 10/12/2018)
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Oct. 12, 2018
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Oct. 12, 2018
PACER
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6
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Summons Issued as to Tennessee Election Commission. The filer has been notified electronically that the summons has been issued, and the new docket entry reflects this. Upon notification of the new docket entry, the filer is to print the issued summons in order to effect service. (jld) (Entered: 10/12/2018)
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Oct. 12, 2018
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Oct. 12, 2018
PACER
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7
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Summons Issued as to Kent D. Younce. The filer has been notified electronically that the summons has been issued, and the new docket entry reflects this. Upon notification of the new docket entry, the filer is to print the issued summons in order to effect service. (jld) (Entered: 10/12/2018)
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Oct. 12, 2018
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Oct. 12, 2018
PACER
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8
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Summons Issued as to Judy Blackburn. The filer has been notified electronically that the summons has been issued, and the new docket entry reflects this. Upon notification of the new docket entry, the filer is to print the issued summons in order to effect service. (jld) (Entered: 10/12/2018)
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Oct. 12, 2018
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Oct. 12, 2018
PACER
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9
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Summons Issued as to Gregory Duckett. The filer has been notified electronically that the summons has been issued, and the new docket entry reflects this. Upon notification of the new docket entry, the filer is to print the issued summons in order to effect service. (jld) (Entered: 10/12/2018)
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Oct. 12, 2018
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Oct. 12, 2018
PACER
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10
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Summons Issued as to Donna Barrett. The filer has been notified electronically that the summons has been issued, and the new docket entry reflects this. Upon notification of the new docket entry, the filer is to print the issued summons in order to effect service. (jld) (Entered: 10/12/2018)
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Oct. 12, 2018
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Oct. 12, 2018
PACER
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11
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Summons Issued as to James Wallace, Jr.. The filer has been notified electronically that the summons has been issued, and the new docket entry reflects this. Upon notification of the new docket entry, the filer is to print the issued summons in order to effect service. (jld) (Entered: 10/12/2018)
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Oct. 12, 2018
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Oct. 12, 2018
PACER
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13
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Summons Issued as to Shelby County Election Commission. The filer has been notified electronically that the summons has been issued, and the new docket entry reflects this. Upon notification of the new docket entry, the filer is to print the issued summons in order to effect service. (jld) (Entered: 10/12/2018)
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Oct. 12, 2018
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Oct. 12, 2018
PACER
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14
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Summons Issued as to Robert Meyers. The filer has been notified electronically that the summons has been issued, and the new docket entry reflects this. Upon notification of the new docket entry, the filer is to print the issued summons in order to effect service. (jld) (Entered: 10/12/2018)
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Oct. 12, 2018
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Oct. 12, 2018
PACER
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15
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Summons Issued as to Norma Lester. The filer has been notified electronically that the summons has been issued, and the new docket entry reflects this. Upon notification of the new docket entry, the filer is to print the issued summons in order to effect service. (jld) (Entered: 10/12/2018)
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Oct. 12, 2018
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Oct. 12, 2018
PACER
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16
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Summons Issued as to Dee Nollner. The filer has been notified electronically that the summons has been issued, and the new docket entry reflects this. Upon notification of the new docket entry, the filer is to print the issued summons in order to effect service. (jld) (Entered: 10/12/2018)
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Oct. 12, 2018
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Oct. 12, 2018
PACER
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17
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Summons Issued as to Steve Stamson. The filer has been notified electronically that the summons has been issued, and the new docket entry reflects this. Upon notification of the new docket entry, the filer is to print the issued summons in order to effect service. (jld) (Entered: 10/12/2018)
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Oct. 12, 2018
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Oct. 12, 2018
PACER
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18
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Summons Issued as to Anthony Tate. The filer has been notified electronically that the summons has been issued, and the new docket entry reflects this. Upon notification of the new docket entry, the filer is to print the issued summons in order to effect service. (jld) (Entered: 10/12/2018)
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Oct. 12, 2018
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Oct. 12, 2018
PACER
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19
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Summons Issued as to Linda Phillips. The filer has been notified electronically that the summons has been issued, and the new docket entry reflects this. Upon notification of the new docket entry, the filer is to print the issued summons in order to effect service. (jld) (Entered: 10/12/2018)
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Oct. 12, 2018
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Oct. 12, 2018
PACER
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20
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NOTICE OF CASE TRACKING ASSIGNMENT PURSUANT TO LOCAL RULE 16.2: Pursuant to Local Rule 16.2, this case has been assigned to the Standard track. http://www.tnwd.uscourts.gov/pdf/content/LocalRules.pdf (jld) (Entered: 10/12/2018)
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Oct. 12, 2018
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Oct. 12, 2018
PACER
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21
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NOTICE TO COMPLY WITH PLAN FOR ALTERNATE DISPUTE RESOLUTION (ADR): Pursuant to Section to 2.1 of the ADR Plan, all civil cases filed on or after Sept. 1, 2014, shall be referred automatically for ADR. For compliance requirements, refer to the ADR Plan at: http://www.tnwd.uscourts.gov/pdf/content/ADRPlan.pdf (jld) (Entered: 10/12/2018)
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Oct. 12, 2018
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Oct. 12, 2018
PACER
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22
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NOTICE OF RIGHT TO CONSENT TO THE EXERCISE OF CIVIL JURISDICTION BY A MAGISTRATE JUDGE Pursuant to 28 U.S.C. 636(c), Fed.R.Civ.P.73, and Local Rule 72.1, this Court has designated the Magistrate Judges of this District to conduct trials and otherwise dispose of any civil case that is filed in this Court. Your decision to consent, or not consent, to the referral of your case to a United States Magistrate Judge for trial and entry of a final judgment must be entirely voluntary. The judge or magistrate judge to whom the case has been assigned will not be informed of your decision unless all parties agree that the case may be referred to a magistrate judge for these specific purposes. A less than unanimous decision will not be communicated by this office to either the judge or magistrate judge. The consent form is available on the courts website at https://www.tnwd.uscourts.gov/forms-and-applications.php (jld) (Entered: 10/12/2018)
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Oct. 12, 2018
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Oct. 12, 2018
PACER
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23
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First MOTION for Temporary Restraining Order and Mandamus with proposed Order by All Plaintiffs. (Attachments: # 1 Memorandum of Law in Support of Motion for Temporary Restraining Order and Mandamus and Certificate of Notice Pursuant to Fed. R. Civ. P. 65)(Chumney, Carol) (Entered: 10/15/2018)
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Oct. 15, 2018
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Oct. 15, 2018
PACER
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24
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SETTING LETTER: Initial Hearing on the Temporary Restraining Order and Mandamus has been set for 10/16/2019 at 02:00 P.M. CST in Courtroom 2 - Memphis before Judge Thomas L. Parker. (mlk) (Entered: 10/15/2018)
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Oct. 15, 2018
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Oct. 15, 2018
PACER
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25
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NOTICE of Appearance by Janet M. Kleinfelter on behalf of Donna Barrett, Judy Blackburn, Gregory Duckett, Mark Goins, Tre Hargett, Mike McDonald, Tennessee Election Commission, James Wallace, Jr., Tom Wheeler, Kent D. Younce (Kleinfelter, Janet) (Entered: 10/15/2018)
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Oct. 15, 2018
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Oct. 15, 2018
PACER
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26
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NOTICE of Appearance by Matthew F. Jones on behalf of Donna Barrett, Judy Blackburn, Gregory Duckett, Mark Goins, Tre Hargett, Mike McDonald, Tennessee Election Commission, James Wallace, Jr., Tom Wheeler, Kent D. Younce (Jones, Matthew) (Entered: 10/15/2018)
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Oct. 15, 2018
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Oct. 15, 2018
PACER
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27
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NOTICE of Appearance by Pablo Adrian Varela on behalf of Shelby County Election Commission (Varela, Pablo) (Entered: 10/16/2018)
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Oct. 16, 2018
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Oct. 16, 2018
PACER
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28
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SETTING LETTER: Telephonic Status Conference set for TODAY, Tuesday, 10/16/2018 at 11:15 AM before Judge Thomas L. Parker. Please call 877-336-1839 to dial into the conference call. The access code is 6517215. (jpw) (Main Document 28 replaced on 10/16/2018) (jpw). (Entered: 10/16/2018)
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Oct. 16, 2018
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Oct. 16, 2018
PACER
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29
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SUMMONS Returned Executed by Suhkara A. Yahweh, Shelby Advocates for Valid Elections, Michael Kernell, Ann Scott, Joe Towns, Jr. as to Linda Phillips. (Chumney, Carol) (Entered: 10/16/2018)
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Oct. 16, 2018
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Oct. 16, 2018
PACER
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30
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NOTICE of Appearance by John L. Ryder on behalf of Shelby County Election Commission (Ryder, John) (Entered: 10/16/2018)
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Oct. 16, 2018
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Oct. 16, 2018
PACER
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31
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SUMMONS Returned Executed by Suhkara A. Yahweh, Shelby Advocates for Valid Elections, Michael Kernell, Ann Scott, Joe Towns, Jr. as to Shelby County Election Commission. (Chumney, Carol) (Entered: 10/16/2018)
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Oct. 16, 2018
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Oct. 16, 2018
PACER
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32
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SUMMONS Returned Executed by Suhkara A. Yahweh, Shelby Advocates for Valid Elections, Michael Kernell, Ann Scott, Joe Towns, Jr. as to Anthony Tate. (Chumney, Carol) (Entered: 10/16/2018)
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Oct. 16, 2018
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Oct. 16, 2018
PACER
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33
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SUMMONS Returned Executed by Suhkara A. Yahweh, Shelby Advocates for Valid Elections, Michael Kernell, Ann Scott, Joe Towns, Jr. as to Steve Stamson. (Chumney, Carol) (Entered: 10/16/2018)
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Oct. 16, 2018
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Oct. 16, 2018
PACER
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34
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SUMMONS Returned Executed by Suhkara A. Yahweh, Shelby Advocates for Valid Elections, Michael Kernell, Ann Scott, Joe Towns, Jr. as to Dee Nollner. (Chumney, Carol) (Entered: 10/16/2018)
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Oct. 16, 2018
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Oct. 16, 2018
PACER
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35
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SUMMONS Returned Executed by Suhkara A. Yahweh, Shelby Advocates for Valid Elections, Michael Kernell, Ann Scott, Joe Towns, Jr. as to Robert Meyers. (Chumney, Carol) (Entered: 10/16/2018)
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Oct. 16, 2018
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Oct. 16, 2018
PACER
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36
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SUMMONS Returned Executed by Suhkara A. Yahweh, Shelby Advocates for Valid Elections, Michael Kernell, Ann Scott, Joe Towns, Jr. as to Norma Lester. (Chumney, Carol) (Entered: 10/16/2018)
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Oct. 16, 2018
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Oct. 16, 2018
PACER
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37
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Summons Issued as to Mike McDonald. The filer has been notified electronically that the summons has been issued, and the new docket entry reflects this. Upon notification of the new docket entry, the filer is to print the issued summons in order to effect service. (jld) (Entered: 10/16/2018)
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Oct. 16, 2018
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Oct. 16, 2018
PACER
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38
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Minute Entry for proceedings held before Judge Thomas L. Parker; Telephonic Status Conference held on 10/16/2018 at 11:15 A.M. Carol Chumnmey appeared for the Plaintiff. Janet Kleinfelter and Matt Jones appeared on behalf of the Tennessee Election Commission. John Ryder and Matthew Jones appeared on behalf on Shelby County Election and Shelby County Commission. The Court informed the parties of his Community Service as a poll worker. He never had to use his legal back ground or filed a Notice of Appearance on behalf of the Republican Party. The Court ordered the parties to talk with the their clients and return with an answer at the 2:00 PM. as to the parties requesting recusal by the Court. (Court Reporter, Cathy Best)(mlk) (Entered: 10/16/2018)
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Oct. 16, 2018
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Oct. 16, 2018
PACER
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42
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Minute Entry for proceedings held before Judge Thomas L. Parker; TRO Hearing held on 10/16/2018. Carol Chumney appeared for the Plaintiffs. Janet Kleinfelter and Matthew Jones appeared for the State of Tennessee Defendants. John Ryder and Pablo Adrian appeared for the Shelby County Defendants. The parties had no objections to Judge Parker hearing this case or desire for a recusal. The parties argued the TRO Motion. Plaintiffs' Attorney stated that Shelby County Election's voting machines (DRE voting machines) are unreliable, not certified and fundamentally unfair voting machines. According to Mrs. Kleinfelter, the Shelby County Election machines are certified by the State of Tennessee and meet both federal and state guidelines. According to John Ryder, the issues of DRE voting machines have been litigated for years and the Courts have ruled in their favor. Mr. Ryder also informed the Court of Shelby County's contingency plans in place to ensure fairness and accountability of the voting machines and the voting process. RULING: The Court Denied the Application for the TRO. The Plaintiff did not overcome its burden. (Court Reporter, Cathy Best) (mlk) (Entered: 10/17/2018)
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Oct. 16, 2018
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Oct. 16, 2018
PACER
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39
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COURTESY NOTICE: Pursuant to Rule 5 of the Federal Rules of Civil Procedure, document 30 Notice of Appearance filed by Shelby County Election Commission has been filed. For future reference, please note: Attorney only selected one party, but document indicates representation of other parties. Filer should file an amended notice of appearance and select all of the parties he represents. Please refer to the ECF User Manual and ECF Policies and Procedures. (jae) (Entered: 10/17/2018)
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Oct. 17, 2018
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Oct. 17, 2018
PACER
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40
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NOTICE of Appearance by Pablo Adrian Varela on behalf of Norma Lester, Robert Meyers, Dee Nollner, Linda Phillips, Shelby County Election Commission, Steve Stamson, Anthony Tate (Varela, Pablo) (Entered: 10/17/2018)
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Oct. 17, 2018
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Oct. 17, 2018
PACER
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41
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NOTICE of Appearance by John L. Ryder on behalf of Norma Lester, Robert Meyers, Dee Nollner, Linda Phillips, Shelby County Election Commission, Steve Stamson, Anthony Tate (Ryder, John) (Entered: 10/17/2018)
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Oct. 17, 2018
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Oct. 17, 2018
PACER
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43
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ORDER Denying 23 Motion for TRO and Mandamus. Signed by Judge Thomas L. Parker on 10/24/2018. (pab) (Main Document 43 replaced on 12/20/2018) (pab). (Main Document 43 replaced on 12/20/2018) (pab). (Main Document 43 replaced on 12/20/2018) (pab). (Entered: 10/24/2018)
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Oct. 24, 2018
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Oct. 24, 2018
Clearinghouse
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44
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NOTICE OF FILING OF OFFICIAL TRANSCRIPT of TRO Proceedings held on 10/16/2018 before Judge Thomas L. Parker. Court Reporter Cathy Best, Telephone number 901-495-1535. Notice is hereby given that an official transcript of a proceeding has been filed by the court reporter in this matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript, and twenty-one (21) calendar days to file a Request for Redaction. Redaction is the responsibility of the attorneys and pro se litigants who attended the hearing to which the transcription applies. Each party is responsible for reviewing and requesting redaction of testimony of witnesses that were called for the party and for that party's own statements. Any party needing a copy of the transcript to review for redaction purposes may purchase a copy from the court reporter or view the document at the clerk's office public terminal.. Notice of Intent to Request Redaction due 10/31/2018. Redaction Request due 11/16/2018. Release of Transcript Restriction set for 1/24/2019. (Best, Cathy) (Entered: 10/26/2018)
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Oct. 26, 2018
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Oct. 26, 2018
PACER
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45
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MOTION for Extension of Time to File Answer by Norma Lester, Robert Meyers, Dee Nollner, Linda Phillips, Shelby County Election Commission, Steve Stamson, Anthony Tate. (Attachments: # 1 Exhibit)(Varela, Pablo) (Entered: 11/06/2018)
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Nov. 6, 2018
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Nov. 6, 2018
PACER
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46
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[**TEXT ORDER ONLY--NO IMAGE ATTACHED**] ORDER Granting 45 Joint Motion for Extension of Time to Answer. The deadline for all defendants to file an answer or otherwise respond is 12/7/2018. Plaintiffs' deadline to file an amended complaint and/or responsive pleading is 01/11/2019. Signed by Judge Thomas L. Parker on 11/7/2018. (pab) (Entered: 11/07/2018)
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Nov. 7, 2018
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Nov. 7, 2018
PACER
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47
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SUMMONS Returned Executed by Suhkara A. Yahweh, Shelby Advocates for Valid Elections, Michael Kernell, Ann Scott, Joe Towns, Jr. as to Mike McDonald. (Chumney, Carol) (Entered: 11/08/2018)
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Nov. 8, 2018
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Nov. 8, 2018
PACER
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48
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SUMMONS Returned Executed by Suhkara A. Yahweh, Shelby Advocates for Valid Elections, Michael Kernell, Ann Scott, Joe Towns, Jr. as to Tennessee Election Commission. (Chumney, Carol) (Entered: 11/08/2018)
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Nov. 8, 2018
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Nov. 8, 2018
PACER
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49
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SUMMONS Returned Executed by Suhkara A. Yahweh, Shelby Advocates for Valid Elections, Michael Kernell, Ann Scott, Joe Towns, Jr. as to Mark Goins. (Chumney, Carol) (Entered: 11/08/2018)
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Nov. 8, 2018
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Nov. 8, 2018
PACER
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50
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SUMMONS Returned Executed by Suhkara A. Yahweh, Shelby Advocates for Valid Elections, Michael Kernell, Ann Scott, Joe Towns, Jr. as to Donna Barrett. (Chumney, Carol) (Entered: 11/08/2018)
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Nov. 8, 2018
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Nov. 8, 2018
PACER
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51
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SUMMONS Returned Executed by Suhkara A. Yahweh, Shelby Advocates for Valid Elections, Michael Kernell, Ann Scott, Joe Towns, Jr. as to Judy Blackburn. (Chumney, Carol) (Entered: 11/08/2018)
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Nov. 8, 2018
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Nov. 8, 2018
PACER
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52
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SUMMONS Returned Executed by Suhkara A. Yahweh, Shelby Advocates for Valid Elections, Michael Kernell, Ann Scott, Joe Towns, Jr. as to Kent D. Younce. (Chumney, Carol) (Entered: 11/08/2018)
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Nov. 8, 2018
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Nov. 8, 2018
PACER
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53
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SUMMONS Returned Executed by Suhkara A. Yahweh, Shelby Advocates for Valid Elections, Michael Kernell, Ann Scott, Joe Towns, Jr. as to Tre Hargett. (Chumney, Carol) (Entered: 11/08/2018)
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Nov. 8, 2018
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Nov. 8, 2018
PACER
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54
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SUMMONS Returned Executed by Suhkara A. Yahweh, Shelby Advocates for Valid Elections, Michael Kernell, Ann Scott, Joe Towns, Jr. as to Tom Wheeler. (Chumney, Carol) (Entered: 11/08/2018)
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Nov. 8, 2018
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Nov. 8, 2018
PACER
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55
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SUMMONS Returned Executed by Suhkara A. Yahweh, Shelby Advocates for Valid Elections, Michael Kernell, Ann Scott, Joe Towns, Jr. as to Gregory Duckett. (Chumney, Carol) (Entered: 11/08/2018)
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Nov. 8, 2018
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Nov. 8, 2018
PACER
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56
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SUMMONS Returned Executed by Suhkara A. Yahweh, Shelby Advocates for Valid Elections, Michael Kernell, Ann Scott, Joe Towns, Jr. as to James Wallace, Jr.. (Chumney, Carol) (Entered: 11/08/2018)
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Nov. 8, 2018
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Nov. 8, 2018
PACER
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57
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MOTION to Dismiss for Lack of Jurisdiction by Donna Barrett, Judy Blackburn, Gregory Duckett, Mark Goins, Tre Hargett, Mike McDonald, Tennessee Election Commission, James Wallace, Jr., Tom Wheeler, Kent D. Younce. (Kleinfelter, Janet) (Entered: 12/06/2018)
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Dec. 6, 2018
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Dec. 6, 2018
PACER
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58
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MOTION to Dismiss for Lack of Jurisdiction by Donna Barrett, Judy Blackburn, Gregory Duckett, Mark Goins, Tre Hargett, Mike McDonald, Tennessee Election Commission, James Wallace, Jr., Tom Wheeler, Kent D. Younce. (Attachments: # 1 Memorandum)(Kleinfelter, Janet) (Entered: 12/06/2018)
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Dec. 6, 2018
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Dec. 6, 2018
PACER
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59
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COURTESY NOTICE: Pursuant to Rule 5 of the Federal Rules of Civil Procedure, document 58 MOTION to Dismiss for Lack of Jurisdiction filed by Gregory Duckett, Mark Goins, Donna Barrett, Kent D. Younce, Judy Blackburn, James Wallace, Jr., Mike McDonald, Tre Hargett, Tennessee Election Commission, Tom Wheeler has been filed. For future reference, please note Filer did not have to resubmit the motion. There is an event found under >Motions and Related Filings > Responses and Replies > Memorandum in Support of Motion. Motion at 57 will be termed as it was refilled at 58 . Please refer to the ECF User Manual and ECF Policies and Procedures. Filer is not required to resubmit document. (jae) (Entered: 12/07/2018)
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Dec. 7, 2018
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Dec. 7, 2018
PACER
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60
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MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Norma Lester, Robert Meyers, Dee Nollner, Linda Phillips, Shelby County Election Commission, Steve Stamson, Anthony Tate. (Attachments: # 1 Memorandum)(Varela, Pablo) (Entered: 12/07/2018)
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Dec. 7, 2018
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Dec. 7, 2018
PACER
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61
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MOTION to Extend Deadline to Respond to Defendants' Motions to Dismiss with proposed Order by All Plaintiffs. (Chumney, Carol) (Entered: 01/03/2019)
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Jan. 3, 2019
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Jan. 3, 2019
PACER
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62
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[**TEXT ORDER ONLY--NO IMAGE ATTACHED**] ORDER Granting 61 Motion to Extend Deadline. Plaintiffs shall have until 01/11/2019 to respond to Defendants' motions to dismiss and to file an amended complaint. Signed by Judge Thomas L. Parker on 1/3/2019. (pab) (Entered: 01/03/2019)
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Jan. 3, 2019
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Jan. 3, 2019
PACER
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63
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AMENDED COMPLAINT against All Defendants All Defendants., filed by Suhkara A. Yahweh, Shelby Advocates for Valid Elections, Michael Kernell, Ann Scott, Joe Towns, Jr., Britney Thornton. (Attachments: # 1 Affidavit Joe Towns, Jr. Verification of Amended Complaint, # 2 Affidavit Ann Scott Verification of Amended Complaint, # 3 Affidavit Michael Kernell Verification of Amended Complaint, # 4 Affidavit Britney Thornton Verification of Amended Complaint, # 5 Exhibit A- Hargett Letter, # 6 Exhibit Stateline Article, # 7 Exhibit C, # 8 Exhibit D, # 9 Exhibit E, # 10 Exhibit F- Voting on Thin Ice Report, # 11 Exhibit G-Holt Affidavit, # 12 Exhibit H- Holden Article, # 13 Exhibit I, # 14 Exhibit J-1, # 15 Exhibit J-2, # 16 Exhibit M, # 17 Exhibit N, # 18 Exhibit P, # 19 Exhibit Q, # 20 Exhibit K, # 21 Exhibit L, # 22 Exhibit T, # 23 Exhibit U, # 24 Exhibit V, # 25 Exhibit W)(Chumney, Carol) (Entered: 01/11/2019)
1 Affidavit Joe Towns, Jr. Verification of Amended Complaint
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2 Affidavit Ann Scott Verification of Amended Complaint
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3 Affidavit Michael Kernell Verification of Amended Complaint
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4 Affidavit Britney Thornton Verification of Amended Complaint
View on PACER
5 Exhibit A- Hargett Letter
View on PACER
6 Exhibit Stateline Article
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7 Exhibit C
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8 Exhibit D
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9 Exhibit E
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10 Exhibit F- Voting on Thin Ice Report
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11 Exhibit G-Holt Affidavit
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12 Exhibit H- Holden Article
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13 Exhibit I
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14 Exhibit J-1
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15 Exhibit J-2
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16 Exhibit M
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17 Exhibit N
View on PACER
18 Exhibit P
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19 Exhibit Q
View on PACER
20 Exhibit K
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21 Exhibit L
View on PACER
22 Exhibit T
View on PACER
23 Exhibit U
View on PACER
24 Exhibit V
View on PACER
25 Exhibit W
View on PACER
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Jan. 11, 2019
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Jan. 11, 2019
Clearinghouse
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64
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RESPONSE in Opposition re 60 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, 57 MOTION to Dismiss for Lack of Jurisdiction, 58 MOTION to Dismiss for Lack of Jurisdiction filed by All Plaintiffs. (Chumney, Carol) (Entered: 01/11/2019)
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Jan. 11, 2019
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Jan. 11, 2019
PACER
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65
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NOTICE of Summons by Carol J. Chumney on behalf of All Plaintiffs. (Attachments: # 1 Summons Wallace, Jr., # 2 Summons Younce, # 3 Summons Blackburn, # 4 Summons Barrett, # 5 Summons Duckett, # 6 Summons Wheeler, # 7 Summons McDonald, # 8 Summons Hargett, # 9 Summons Goins, # 10 Summons Tennessee Election Commission, # 11 Summons Phillips)(Chumney, Carol) (Entered: 01/14/2019)
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Jan. 14, 2019
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Jan. 14, 2019
PACER
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66
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NOTICE of Summons by Carol J. Chumney on behalf of All Plaintiffs. (Attachments: # 1 Summons Nollner, # 2 Summons Lester, # 3 Summons Meyers, # 4 Summons Tate)(Chumney, Carol) (Entered: 01/14/2019)
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Jan. 14, 2019
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Jan. 14, 2019
PACER
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67
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Summons Reissued as to Donna Barrett, Judy Blackburn, Gregory Duckett, Mark Goins, Tre Hargett, Mike McDonald, Linda Phillips, Shelby County Election Commission, Tennessee Election Commission, James Wallace, Jr., Tom Wheeler, Kent D. Younce. The filer has been notified electronically that the summons has been issued, and the new docket entry reflects this. Upon notification of the new docket entry, the filer is to print the issued summons in order to effect service. (Attachments: # 1 Blackburn summons, # 2 Duckett summons, # 3 Goins summons, # 4 McDonald summons, # 5 Phillips summons, # 6 Shelby Co Elec Comm, # 7 TN Election Comm, # 8 Wallace summons, # 9 Wheeler summons, # 10 Younce summons, # 11 Hargett summons)(jae) (Entered: 01/14/2019)
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Jan. 14, 2019
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Jan. 14, 2019
PACER
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68
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Summons Reissued as to Norma Lester, Robert Meyers, Dee Nollner, Steve Stamson, Anthony Tate. The filer has been notified electronically that the summons has been issued, and the new docket entry reflects this. Upon notification of the new docket entry, the filer is to print the issued summons in order to effect service. (Attachments: # 1 Myers summons, # 2 Lester Summons, # 3 Nollner summons, # 4 Stamson summons)(jae) (Entered: 01/14/2019)
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Jan. 14, 2019
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Jan. 14, 2019
PACER
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69
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TRANSCRIPT RELEASE NOTICE: By Administrative Order 2008-35 the United States District Court for the Western District of Tennessee implemented a policy regarding remote access to electronic transcripts. Pursuant to that policy, as well as Civil Rule 5.2 and Criminal Rule 49.1, each party's attorney is required to review a transcript for information that should be redacted pursuant to the Judicial Conference's privacy policy which requires that Social Security numbers be redacted to show only the last four digits; birth dates should contain only the year of birth; individuals known to be minors should be referred to with initials; and financial account numbers should be redacted to the last four digits. Additionally, in criminal case files, home addresses should reveal only the city and state of residence.Our records indicate that the 90-day restriction on public access to an electronic transcript(s) in this matter will lapse within 10 days. If a redaction request is required but has not been filed, please do so immediately. Please feel free to contact our office for further guidance on this issue. Document #44: Release date 1/24/2019. (cas) (Entered: 01/14/2019)
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Jan. 14, 2019
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Jan. 14, 2019
PACER
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70
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SUMMONS Returned Executed by Britney Thornton, Shelby Advocates for Valid Elections, Michael Kernell, Ann Scott, Joe Towns, Jr. as to Shelby County Election Commission. (Chumney, Carol) (Entered: 02/04/2019)
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Feb. 4, 2019
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Feb. 4, 2019
PACER
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71
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SUMMONS Returned Executed by Britney Thornton, Shelby Advocates for Valid Elections, Michael Kernell, Ann Scott, Joe Towns, Jr. as to Robert Meyers. (Chumney, Carol) (Entered: 02/04/2019)
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Feb. 4, 2019
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Feb. 4, 2019
PACER
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72
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SUMMONS Returned Executed by Britney Thornton, Shelby Advocates for Valid Elections, Michael Kernell, Ann Scott, Joe Towns, Jr. as to Norma Lester. (Chumney, Carol) (Entered: 02/04/2019)
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Feb. 4, 2019
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Feb. 4, 2019
PACER
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73
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SUMMONS Returned Executed by Britney Thornton, Shelby Advocates for Valid Elections, Michael Kernell, Ann Scott, Joe Towns, Jr. as to Dee Nollner. (Chumney, Carol) (Entered: 02/04/2019)
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Feb. 4, 2019
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Feb. 4, 2019
PACER
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74
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SUMMONS Returned Executed by Britney Thornton, Shelby Advocates for Valid Elections, Michael Kernell, Ann Scott, Joe Towns, Jr. as to Linda Phillips. (Chumney, Carol) (Entered: 02/04/2019)
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Feb. 4, 2019
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Feb. 4, 2019
PACER
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75
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SUMMONS Returned Executed by Britney Thornton, Shelby Advocates for Valid Elections, Michael Kernell, Ann Scott, Joe Towns, Jr. as to Anthony Tate. (Chumney, Carol) (Entered: 02/04/2019)
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Feb. 4, 2019
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Feb. 4, 2019
PACER
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76
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SUMMONS Returned Executed by Britney Thornton, Shelby Advocates for Valid Elections, Michael Kernell, Ann Scott, Joe Towns, Jr. as to Steve Stamson. (Chumney, Carol) (Entered: 02/04/2019)
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Feb. 4, 2019
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Feb. 4, 2019
PACER
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77
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SUMMONS Returned Executed by Britney Thornton, Shelby Advocates for Valid Elections, Michael Kernell, Ann Scott, Joe Towns, Jr. as to Gregory Duckett. (Chumney, Carol) (Entered: 02/04/2019)
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Feb. 4, 2019
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Feb. 4, 2019
PACER
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78
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SUMMONS Returned Executed by Britney Thornton, Shelby Advocates for Valid Elections, Michael Kernell, Ann Scott, Joe Towns, Jr. as to Kent D. Younce. (Chumney, Carol) (Entered: 02/04/2019)
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Feb. 4, 2019
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Feb. 4, 2019
PACER
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79
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SUMMONS Returned Executed by Britney Thornton, Shelby Advocates for Valid Elections, Michael Kernell, Ann Scott, Joe Towns, Jr. as to Mike McDonald. (Chumney, Carol) (Entered: 02/04/2019)
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Feb. 4, 2019
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Feb. 4, 2019
PACER
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80
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SUMMONS Returned Executed by Britney Thornton, Shelby Advocates for Valid Elections, Michael Kernell, Ann Scott, Joe Towns, Jr. as to Mark Goins. (Chumney, Carol) (Entered: 02/04/2019)
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Feb. 4, 2019
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Feb. 4, 2019
PACER
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81
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SUMMONS Returned Executed by Britney Thornton, Shelby Advocates for Valid Elections, Michael Kernell, Ann Scott, Joe Towns, Jr. as to Tom Wheeler. (Chumney, Carol) (Entered: 02/04/2019)
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Feb. 4, 2019
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Feb. 4, 2019
PACER
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82
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SUMMONS Returned Executed by Britney Thornton, Shelby Advocates for Valid Elections, Michael Kernell, Ann Scott, Joe Towns, Jr. as to James Wallace, Jr.. (Chumney, Carol) (Entered: 02/04/2019)
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Feb. 4, 2019
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Feb. 4, 2019
PACER
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83
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SUMMONS Returned Executed by Britney Thornton, Shelby Advocates for Valid Elections, Michael Kernell, Ann Scott, Joe Towns, Jr. as to Tre Hargett. (Chumney, Carol) (Entered: 02/04/2019)
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Feb. 4, 2019
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Feb. 4, 2019
PACER
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84
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SUMMONS Returned Executed by Britney Thornton, Shelby Advocates for Valid Elections, Michael Kernell, Ann Scott, Joe Towns, Jr. as to Tennessee Election Commission. (Chumney, Carol) (Entered: 02/04/2019)
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Feb. 4, 2019
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Feb. 4, 2019
PACER
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85
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SUMMONS Returned Executed by Britney Thornton, Shelby Advocates for Valid Elections, Michael Kernell, Ann Scott, Joe Towns, Jr. as to Judy Blackburn. (Chumney, Carol) (Entered: 02/04/2019)
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Feb. 4, 2019
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Feb. 4, 2019
PACER
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86
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SUMMONS Returned Executed by Britney Thornton, Shelby Advocates for Valid Elections, Michael Kernell, Ann Scott, Joe Towns, Jr. as to Donna Barrett. (Chumney, Carol) (Entered: 02/04/2019)
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Feb. 4, 2019
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Feb. 4, 2019
PACER
|
87
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MOTION to Dismiss for Lack of Jurisdiction Renewed Motion to Dismiss Verified Amended Complaint by Donna Barrett, Judy Blackburn, Gregory Duckett, Mark Goins, Tre Hargett, Mike McDonald, Tennessee Election Commission, James Wallace, Jr., Tom Wheeler, Kent D. Younce. (Attachments: # 1 Memorandum)(Jones, Matthew) (Entered: 02/11/2019)
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Feb. 11, 2019
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Feb. 11, 2019
PACER
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88
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MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, MOTION to Dismiss for Lack of Jurisdiction by Norma Lester, Robert Meyers, Dee Nollner, Linda Phillips, Shelby County Election Commission, Steve Stamson, Anthony Tate. (Varela, Pablo) (Entered: 02/12/2019)
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Feb. 12, 2019
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Feb. 12, 2019
PACER
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89
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RESPONSE in Opposition re 88 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction, 87 MOTION to Dismiss for Lack of Jurisdiction Renewed Motion to Dismiss Verified Amended Complaint filed by All Plaintiffs. (Attachments: # 1 Exhibit A- Bernard Declaration, # 2 Exhibit B- Kernell Declaration, # 3 Exhibit Exb. A to Exb. B- Kernell Declaration)(Chumney, Carol) (Entered: 03/11/2019)
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March 11, 2019
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March 11, 2019
PACER
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90
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MOTION to Strike 88 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction, 87 MOTION to Dismiss for Lack of Jurisdiction Renewed Motion to Dismiss Verified Amended Complaint with proposed Order by All Plaintiffs. (Attachments: # 1 Memorandum in Support of Motion to Strike, # 2 Certificate of Consultation)(Chumney, Carol) (Entered: 03/12/2019)
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March 12, 2019
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March 12, 2019
PACER
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91
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SETTING LETTER: Scheduling Conference set for 4/10/2019 at 02:45 PM in Courtroom 2 - Memphis before Judge Thomas L. Parker. (mlk) (Entered: 03/13/2019)
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March 12, 2019
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March 12, 2019
PACER
|
92
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REPLY to Response to Motion re 89 Response in Opposition to Motion, filed by Donna Barrett, Judy Blackburn, Gregory Duckett, Mark Goins, Tre Hargett, Mike McDonald, Tennessee Election Commission, James Wallace, Jr., Tom Wheeler, Kent D. Younce. (Jones, Matthew) (Entered: 03/22/2019)
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March 22, 2019
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March 22, 2019
PACER
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93
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RESPONSE in Opposition re 90 MOTION to Strike 88 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction, 87 MOTION to Dismiss for Lack of Jurisdiction Renewed Motion to Dismiss Verified Amended Complaint wi filed by Donna Barrett, Judy Blackburn, Gregory Duckett, Mark Goins, Tre Hargett, Mike McDonald, Tennessee Election Commission, James Wallace, Jr., Tom Wheeler, Kent D. Younce. (Kleinfelter, Janet) (Entered: 03/22/2019)
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March 22, 2019
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March 22, 2019
PACER
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94
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REPLY to Response to Motion re 89 Response in Opposition to Motion, to Dismiss filed by Norma Lester, Robert Meyers, Dee Nollner, Linda Phillips, Shelby County Election Commission, Steve Stamson, Anthony Tate. (Varela, Pablo) (Entered: 03/25/2019)
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March 25, 2019
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March 25, 2019
PACER
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95
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RESPONSE in Opposition re 90 MOTION to Strike 88 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction, 87 MOTION to Dismiss for Lack of Jurisdiction Renewed Motion to Dismiss Verified Amended Complaint wi filed by Norma Lester, Robert Meyers, Dee Nollner, Linda Phillips, Shelby County Election Commission, Steve Stamson, Anthony Tate. (Varela, Pablo) (Entered: 03/25/2019)
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March 25, 2019
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March 25, 2019
PACER
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96
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MOTION for Leave to File Second Amended Complaint with proposed Order by All Plaintiffs. (Attachments: # 1 Memorandum In Support of Plaintiffs' Motion for Leave to File Second Amended Complaint with Certificate of Consultation and Service, # 2 Exhibit 1- Proposed Second Amended Complaint, # 3 Exhibit A to Proposed Second Amended Complaint, # 4 Exhibit B to Proposed Second Amended Complaint, # 5 Exhibit C to Proposed Second Amended Complaint, # 6 Exhibit D to Proposed Second Amended Complaint, # 7 Exhibit D-2 to Proposed Second Amended Complaint, # 8 Exhibit E to Proposed Second Amended Complaint, # 9 Exhibit F to Proposed Second Amended Complaint, # 10 Exhibit G to Proposed Second Amended Complaint, # 11 Exhibit H to Proposed Second Amended Complaint, # 12 Exhibit I to Proposed Second Amended Complaint, # 13 Exhibit J to Proposed Second Amended Complaint, # 14 Exhibit K to Proposed Second Amended Complaint, # 15 Exhibit L to Proposed Second Amended Complaint, # 16 Exhibit M to Proposed Second Amended Complaint, # 17 Exhibit N to Proposed Second Amended Complaint, # 18 Exhibit O to Proposed Second Amended Complaint, # 19 Exhibit P to Proposed Second Amended Complaint, # 20 Exhibit Q to Proposed Second Amended Complaint, # 21 Exhibit S to Proposed Second Amended Complaint, # 22 Exhibit T to Proposed Second Amended Complaint, # 23 Exhibit U to Proposed Second Amended Complaint, # 24 Exhibit V to Proposed Second Amended Complaint, # 25 Exhibit W to Proposed Second Amended Complaint, # 26 Exhibit X to Proposed Second Amended Complaint)(Chumney, Carol) (Entered: 03/25/2019)
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March 25, 2019
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March 25, 2019
PACER
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97
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REPORT of Rule 26(f) Planning Meeting . (Jones, Matthew) (Entered: 04/03/2019)
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April 3, 2019
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April 3, 2019
PACER
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98
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REPORT of Rule 26(f) Planning Meeting **Corrected**. (Jones, Matthew) (Entered: 04/04/2019)
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April 4, 2019
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April 4, 2019
PACER
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99
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RESPONSE in Opposition re 96 MOTION for Leave to File Second Amended Complaint with proposed Order filed by Donna Barrett, Judy Blackburn, Gregory Duckett, Mark Goins, Tre Hargett, Mike McDonald, Tennessee Election Commission, James Wallace, Jr., Tom Wheeler, Kent D. Younce. (Kleinfelter, Janet) (Entered: 04/08/2019)
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April 8, 2019
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April 8, 2019
PACER
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100
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MOTION to Stay Discovery (proposed order submitted) by Donna Barrett, Judy Blackburn, Gregory Duckett, Mark Goins, Tre Hargett, Mike McDonald, Tennessee Election Commission, James Wallace, Jr., Tom Wheeler, Kent D. Younce. (Kleinfelter, Janet) (Entered: 04/08/2019)
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April 8, 2019
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April 8, 2019
PACER
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101
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Minute Entry for proceedings held before Judge Thomas L. Parker; Scheduling Conference held on 4/10/2019. Carol Chumney appeared for the Plaintiffs. Janet Kleinfelter and Matthew Jones appeared for the State of Tennessee Defendants. Pablo Verela appeared for the Shelby County Defendants. According to Mr. Verela, Shelby County has started the process for getting new voting machines by 03/2020. The case will proceed as follows: The Court will Grant Plaintiffs' Motion 96 for Leave to File Second Amended Complaint. Defendants will file Responses and the Court will have a Motion Hearing in June. The Court will Deny the following Motions as MOOT, [58, 60, 87, 88, and 90], with the understanding the Defendants may renew any of these Motions after the filing of the Second Amended Complaint. Motion Hearing set for 6/20/2019 at 10:00 AM in Courtroom 2 - Memphis before Judge Thomas L. Parker. The Court will allow Plaintiffs to substitute named defendants at a later date. The Motion to Stay Discovery 100 is held in abeyance until the 6/20/2019, hearing with no Discovery taking place until then. Plaintiffs asked for a forensic examination of the voting machines and tabulators; the Defendants objected. The Court will hold that issue until 6/20/2019 as well. (Court Reporter, Valarie Gilliam with Alpha Reporting) (mlk) (Entered: 04/11/2019)
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April 10, 2019
|
April 10, 2019
PACER
|