Case: Poindexter v. Strach

COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0417-4588627.), filed by James Allen Poindexter, Constitution Party of North Carolina, Gregory Holt, Jerry R Jones. (Attachments: # 1 Verification, # 2 Verification, # 3 Verification, # 4 Verification) (Henkle, S. Mark) (Entered: 07/20/2018)

1 Verification

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2 Verification

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3 Verification

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4 Verification

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Notice to Counsel. Counsel should file a Notice of Appearance pursuant to Local Civil Rule 5.2(a). (Collins, S.)

Notice to Counsel

NOTICE OF DEFICIENCY regarding 1 Complaint. Counsel failed to file a JS44 Civil Cover Sheet as required by the Court. Counsel should file the Cover Sheet using the event "Notice-Other" as soon as possible. (Collins, S.)

Notice of Deficiency

Notice to Counsel. No summons was provided to be issued. (Collins, S.)

NOTICE OF DEFICIENCY regarding [1-4] Verification. The document image is askew. Counsel is directed to refile using the event Notice-Other. (Collins, S.)

Notice of Appearance filed by S. Mark Henkle on behalf of All Plaintiffs. (Henkle, S. Mark) (Entered: 07/20/2018)

Notice filed by Constitution Party of North Carolina, Gregory Holt, Jerry Jones, James Allen Poindexter regarding 1 Complaint, CIVIL COVER SHEET. (Henkle, S. Mark) (Entered: 07/20/2018)

Notice filed by Constitution Party of North Carolina, Gregory Holt, Jerry Jones, James Allen Poindexter SUMMONS to be Executed by Clerk's Office. (Henkle, S. Mark) (Entered: 07/20/2018)

Case Selected for Mediation - A printable list of certified mediators for the Eastern District of North Carolina is available on the court's Website, http://www.nced.uscourts.gov/attorney/mediators.aspx. Please serve this list on all parties. (Horton, B.)

Case Selected for Mediation

Summons Issued as to Kim Westbrook Strach. *NOTICE: Counsel shall print the attached summonses and serve with other case opening documents in accordance with Fed.R.Civ.P.4.* (Collins, S.) (Entered: 07/23/2018)

Notice of Appearance filed by James Bernier, Jr on behalf of Kim Westbrook Strach. (Bernier, James) (Entered: 08/01/2018)

Financial Disclosure Statement by Kim Westbrook Strach (Bernier, James) (Entered: 08/01/2018)

Notice to Counsel regarding: 6 Notice of Appearance. The address information in the signature block for Mr. Bernier on this document does not match the information the court has in its CM/ECF database. Counsel should email the updated law firm information to the clerk's office at NCED-Attorney-Update@nced.uscourts.gov. Once updated, the new contact information will be reflected on the docket of all cases in which counsel entered an appearance. (Collins, S.)

Notice to Counsel

NOTICE OF DEFICIENCY regarding 7 Financial Disclosure Statement. Fed.R.Civ.P. 5(d)(1) requires a certificate of service. Counsel is directed to file a captioned document titled Certificate of Service using the Certificate of Service event located under the Service of Process category, and linking the appropriate document when prompted. (Collins, S.)

Notice of Deficiency

Certificate of Service filed by Kim Westbrook Strach regarding 7 Financial Disclosure Statement . (Bernier, James) (Entered: 08/02/2018)

Affidavit of Service for Complaint and Summons filed by Constitution Party of North Carolina, Gregory Holt, Jerry Jones, James Allen Poindexter served on Defendant Strach on August 2, 2018. (Attachments: # 1 Ex A Return Receipt) (Henkle, S. Mark) (Entered: 08/07/2018)

MOTION for Preliminary Injunction filed by Constitution Party of North Carolina, Gregory Holt, Jerry Jones, James Allen Poindexter. (Henkle, S. Mark) (Entered: 08/07/2018)

Memorandum in Support regarding 10 MOTION for Preliminary Injunction filed by Constitution Party of North Carolina, Gregory Holt, Jerry Jones, James Allen Poindexter. (Henkle, S. Mark) (Entered: 08/07/2018)

Notice of Appearance filed by Olga E. Vysotskaya De Brito on behalf of All Defendants. (Vysotskaya De Brito, Olga) (Entered: 08/08/2018)

Notice of Appearance filed by Amar Majmundar on behalf of All Defendants. (Majmundar, Amar) (Entered: 08/08/2018)

Notice of Appearance filed by Elizabeth A. Martineau on behalf of All Plaintiffs. (Martineau, Elizabeth) (Entered: 08/09/2018)

Set/Reset Hearings

MOTION to Expedite 10 Motion for Preliminary Injunction and Request for Hearing filed by Constitution Party of North Carolina, Gregory Holt, Jerry Jones, James Allen Poindexter. (Henkle, S. Mark) Modified on 8/9/2018 to create docket entry relationship to 10 and revise docket text. (Collins, S.). (Entered: 08/09/2018)

Order on Motion to Expedite

****Set Hearing: Telephonic Status Conference set for 8/9/2018 at 3:30 PM before District Judge Louise Wood Flanagan. The parties will receive via email from case manager dial-in instructions to attend this conference. (Collins, S.)

Minute Entry for proceedings held before District Judge Louise Wood Flanagan: Telephonic Rule 16 Status Conference held on 8/9/2018. Counsel present for all parties. ORAL ORDER - The court grants plaintiff's motion to expedite and sets defendants response deadline to plaintiff's motion for preliminary injunction for close of business on Tuesday, 8/14/18. (Court Reporter Tracy McGurk) (Collins, S.) (Entered: 08/09/2018)

ORAL ORDER granting 15 Motion to Expedite. Entered by District Judge Louise Wood Flanagan on 8/9/2018. (Collins, S.)

STATUS REPORT by Kim Westbrook Strach (Attachments: # 1 Exhibit A - Order 18 CVS 9749, # 2 Exhibit B - Order 18 CVS 9748) (Vysotskaya De Brito, Olga) (Entered: 08/13/2018)

1 Exhibit A - Order 18 CVS 9749

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2 Exhibit B - Order 18 CVS 9748

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RESPONSE in Opposition regarding 10 MOTION for Preliminary Injunction filed by Kim Westbrook Strach. (Majmundar, Amar) (Entered: 08/14/2018)

Motion Submitted

Motion Submitted to District Judge Louise Wood Flanagan regarding 10 MOTION for Preliminary Injunction. (Collins, S.)

REPLY to Response to Motion regarding 10 MOTION for Preliminary Injunction filed by Constitution Party of North Carolina, Gregory Holt, Jerry Jones, James Allen Poindexter. (Henkle, S. Mark) (Entered: 08/15/2018)

MOTION for Temporary Restraining Order filed by Constitution Party of North Carolina, Gregory Holt, Jerry Jones, James Allen Poindexter. (Henkle, S. Mark) (Entered: 08/16/2018)

Memorandum in Support regarding 20 MOTION for Temporary Restraining Order filed by Constitution Party of North Carolina, Gregory Holt, Jerry Jones, James Allen Poindexter. (Henkle, S. Mark) (Entered: 08/16/2018)

ORDER - Plaintiffs' motion for preliminary injunction is GRANTED. 10 Defendant is ENJOINED during the pendency of this litigation from enforcing S.L. 2018-30 against plaintiffs or otherwise issuing or causing any applicable county Board of Elections to issue any official state publication to the voting public which does not have plaintiffs Poindexter, Jones, and Holt listed on the ballot. Given the court's holding, plaintiff's motion for temporary restraining order is DENIED AS MOOT. 20 . Signed by District Judge Louise Wood Flanagan on 8/22/2018. (Collins, S.) (Entered: 08/22/2018)

MOTION for Extension of Time to File Answer regarding 1 Complaint, filed by Kim Westbrook Strach. (Attachments: # 1 Text of Proposed Order Proposed Order) (Bernier, James) (Entered: 08/22/2018)

1 Text of Proposed Order Proposed Order

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Motion Submitted to District Judge Louise Wood Flanagan regarding 23 MOTION for Extension of Time to File Answer regarding 1 Complaint. (Collins, S.)

Motion Submitted

Set Hearing as to 23 MOTION for Extension of Time to File Answer regarding 1 Complaint. Telephonic Motion Hearing set for 8/28/2018 at 12:00 PM before District Judge Louise Wood Flanagan. (Counsel will receive via email dial-in instructions to attend this hearing.) (Collins, S.)

Set/Reset Motion and M&R Hearings

Affidavit of Service for Complaint and Summons Second filed by Constitution Party of North Carolina, Gregory Holt, Jerry Jones, James Allen Poindexter served on Defendant Strach on August 3, 2018. (Attachments: # 1 Exhibit Ex A Return Receipt) (Henkle, S. Mark) (Entered: 08/27/2018)

Motion Hearing

Minute Entry for proceedings held before District Judge Louise Wood Flanagan: Telephonic Motion Hearing held on 8/28/2018 regarding 23 MOTION for Extension of Time to File Answer. Counsel present for all parties. Court addresses concerns with request - Court hears from counsel - Motion allowed - Written order to follow. (Court Reporter Tracy McGurk) (Collins, S.)

ORDER granting 23 Motion for Extension of Time to Answer. Kim Westbrook Strach answer due 10/1/2018. Signed by District Judge Louise Wood Flanagan on 8/28/2018. (Collins, S.) (Entered: 08/28/2018)

STATUS REPORT by Kim Westbrook Strach (Bernier, James) (Entered: 08/31/2018)

MOTION for Permanent Injunction filed by Constitution Party of North Carolina, Gregory Holt, Jerry Jones, James Allen Poindexter. (Henkle, S. Mark) (Entered: 10/01/2018)

Memorandum in Support regarding 27 MOTION for Permanent Injunction filed by Constitution Party of North Carolina, Gregory Holt, Jerry Jones, James Allen Poindexter. (Henkle, S. Mark) (Entered: 10/01/2018)

MOTION to Dismiss for Lack of Jurisdiction filed by Kim Westbrook Strach. (Vysotskaya De Brito, Olga) (Entered: 10/01/2018)

Memorandum in Support regarding 29 MOTION to Dismiss for Lack of Jurisdiction filed by Kim Westbrook Strach. (Attachments: # 1 Exhibit A-Poindexter Sample Ballot, # 2 Exhibit B-Jones Sample Ballot, # 3 Exhibit C-Holt Sample Ballot) (Vysotskaya De Brito, Olga) (Entered: 10/01/2018)

MOTION for Extension of Time to File Response/Reply as to 27 MOTION for Permanent Injunction filed by Kim Westbrook Strach. (Attachments: # 1 Text of Proposed Order) (Vysotskaya De Brito, Olga) (Entered: 10/19/2018)

RESPONSE to Motion regarding 27 MOTION for Permanent Injunction filed by Kim Westbrook Strach. (Vysotskaya De Brito, Olga) (Entered: 10/22/2018)

RESPONSE in Opposition regarding 29 MOTION to Dismiss for Lack of Jurisdiction filed by Constitution Party of North Carolina, Gregory Holt, Jerry Jones, James Allen Poindexter. (Henkle, S. Mark) (Entered: 10/22/2018)

MOTION for Attorney Fees filed by Constitution Party of North Carolina, Gregory Holt, Jerry Jones, James Allen Poindexter. (Attachments: # 1 Affidavit In Support (Martineau), # 2 Affidavit In Support (Henkle), # 3 Affidavit In Support (Benton)) (Henkle, S. Mark) (Entered: 11/06/2018)

Memorandum in Support regarding 35 MOTION for Attorney Fees filed by Constitution Party of North Carolina, Gregory Holt, Jerry Jones, James Allen Poindexter. (Henkle, S. Mark) (Entered: 11/06/2018)

Motions Submitted to District Judge Louise Wood Flanagan regarding 29 MOTION to Dismiss for Lack of Jurisdiction, 27 MOTION for Permanent Injunction. (Collins, S.)

RESPONSE in Opposition regarding 35 MOTION for Attorney Fees filed by Kim Westbrook Strach. (Bernier, James) (Entered: 11/27/2018)

REPLY to Response to Motion regarding 35 MOTION for Attorney Fees filed by Constitution Party of North Carolina, Gregory Holt, Jerry Jones, James Allen Poindexter. (Henkle, S. Mark) (Entered: 12/11/2018)

Motion Submitted

Motion Submitted to District Judge Louise Wood Flanagan regarding 35 MOTION for Attorney Fees. (Collins, S.)

Notice filed by Kim Westbrook Strach of Withdrawal of Counsel. (Bernier, James) (Entered: 12/17/2018)

Notice of Appearance filed by Paul M. Cox on behalf of Kim Westbrook Strach. (Cox, Paul) (Entered: 03/13/2019)

ORDER finding as moot 27 Motion for Permanent Injunction; granting 29 Motion to Dismiss for Lack of Jurisdiction; granting in part and denying in part 35 Motion for Attorney Fees. The court awards plaintiff $525.00 for services rendered by Elizabeth Martineau, and $22,675.00 for services rendered by Mark Henkle, to be paid by defendant. The clerk is DIRECTED to close this case. Signed by District Judge Louise Wood Flanagan on 6/13/2019. (Collins, S.) (Entered: 06/14/2019)

JUDGMENT - In accordance with the court's order entered June 13, 2019, and for the reasons set forth more specifically therein, that plaintiff's motion for permanent injunction is DENIED AS MOOT, defendant's motion to dismiss for lack of subject matter jurisdiction is GRANTED and plaintiff's motion for attorney's fees is GRANTED IN PART AND DENIED IN PART. The court awards plaintiff $525.00 for services rendered by Elizabeth Martineau, and $22,675.00 for services rendered by Mark Henkle, to be paid by defendant. Signed by Peter A. Moore, Jr., Clerk of Court on 6/14/2019. (Collins, S.) (Entered: 06/14/2019)