Case: Judicial Watch, Inc. v. Lamone

1:17-cv-02006 | U.S. District Court for the District of Maryland

Filed Date: July 18, 2017

Closed Date: May 26, 2020

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Case Summary

This case is about whether a political not-for-profit was entitled to copies of Maryland’s then-most recent voter registration rolls under the National Voter Registration Act of 1993 (“NVRA”), 50 U.S.C. §20507(i), or, in the alternative, Maryland state election law. In April 2017, the president of Judicial Watch, Inc., a conservative not-for-profit educational organization and D.C. corporation, wrote a letter to the several members of the Maryland State Board of Elections (including the State A…

In April 2017, the president of Judicial Watch, Inc., a conservative not-for-profit educational organization and D.C. corporation, wrote a letter to the several members of the Maryland State Board of Elections (including the State Administrator, Director of the Division of Candidacy and Campaign Finance, Secretary, general members, and substitute member). In the letter, plaintiff noted that the number of registered voters in Montgomery County, Maryland exceeded the number of citizens over the age of 18 who were eligible to register. The plaintiff sought from defendants records of Maryland’s registered voter lists programs and copies of the then-most recent voter registration base for Montgomery County, including sensitive information such as name, date of birth, home address, and active voter status. In a series of exchanges over the course of summer 2017, Maryland state and Montgomery County election officials responded to Judicial Watch’s request for documents related to the state’s voter list maintenance program, but would not comply with its request for Montgomery County’s most recent registered voter list because it was not in accordance with state election law.

In July 2017, after being denied access to voter registration information, plaintiff initiated an action in the District of Maryland. Plaintiff named Maryland’s State Administrator of Elections, officers and members of the Maryland State Board of Elections, Maryland’s Director of the Division of Candidacy and Campaign Finance, and officers and member of the Montgomery County Board of Elections as defendants. Maryland state election law restricted the access of voter registration lists to “Maryland registered voter[s]” (Maryland Election Law Article 3-506) whereas the NVRA had no similar requirements or restrictions. In its complaint, the plaintiff alleged that the conflict between the NVRA and Maryland state election law meant that the state law was preempted and superseded. Plaintiff sought declaratory and injunctive relief, as well as attorney’s fees.

In September 2017, defendants moved to dismiss or, in the alternative, for summary judgement. Defendants argued that because the NVRA did not mandate disclosure of voter registration lists, it did not preempt Maryland state-law provisions governing access to voting registration lists and that the plaintiff plainly admitted that they were not entitled to the list under Maryland state law. Further, the plaintiff asserted policy in support of its motion, including that Maryland’s voter registration program is NVRA-compliant, the privacy concerns of allowing any person or entity to access the sensitive information contained in voter registration lists, and states’ general prohibition on the use of voter data for commercial use. In its memo in opposition of defendants’ motion to dismiss in October 2017, the plaintiff reiterated its arguments that the plain language of NVRA section 8(i) established Maryland’s voter registration list as a “record” subject to disclosure and that the NVRA preempted Maryland state election law.

Judge Ellen L. Hollander, in her June 2018 memorandum opinion on the parties’ motions and cross-motions to dismiss, ordered that if the Montgomery County registration database contained materials beyond the scope of NVRA section 8(i), then the defendants ought to seek a protective order to the information contained. In other terms, the Maryland state defendant’s motion to dismiss was denied. Further, Judge Hollander upheld the motion to dismiss the plaintiff’s claims against Montgomery County’s election officials because, since the County had merely been copied on the plaintiff’s correspondence with the State the County had not failed to respond to or produce requested documents, no case or controversy existed between the county defendants and the plaintiff. Therefore, plaintiff’s complaint against the Montgomery County election officials was dismissed.

Plaintiff and the Maryland state defendants conducted discovery through the fall and winter of 2018-2019. In the spring and early summer of 2019, the parties once again filed cross-motions for summary judgment.

In August 2019, Judge Hollander considered whether there existed a meaningful legal difference between “voter registrations” and “voter lists” in her August 2019 memorandum. Judge Hollander held that while voter registrations contain individual voter data, voter lists only contain a subset of the data and are a “pared down compilation of voter registrations.” Further, the Judge Hollander provided that the Maryland state election statute at issue undermined NVRA Section 8(i) by obstructing access to voter lists. Because the Elections Clause of the U.S. Constitution (Art. I, §4, cl. 1) contravenes the general presumption that Congress must clearly intend to preempt state law by empowering Congress to make or alter state election regulations, and because courts had concluded that the NVRA preempted state law in different contexts, Judge Hollander held that the Maryland state election law frustrated Congress’s stated objectives in enacting NVRA Section 8(i). Despite this, Judge Hollander declined to order that the Maryland state election officials disclose sensitive birth date information due to limited briefing on the matter and the threat of identity theft. Therefore, Judge Hollander ordered that the plaintiff was entitled to the voter registration list for Montgomery County including the names, addresses, most recent voter activity, and activity status (but not the birthdate information) of Montgomery County voters.

Following Judge Hollander’s August 2019 memorandum and instructions to present additional briefing on the issue of disclosure of voter registrant birthdates as the issue was presented in Project Vote/Voting for America, Inc. v. Long, 682 F.3d 331 (4th Cir. 2012), both parties submitted additional briefing on the issue of voter birthdate disclosures.

Judge Hollander issued a final memorandum on the matter in April 2020, deciding that despite the valid privacy interests in withholding voter birthdate information, the defendants were nonetheless required to submit it to the plaintiff. Among its other arguments, the plaintiff asserted its need for birthdate information in order to remove duplicative voter registrations in Montgomery County. Unlike names and addresses, the plaintiff asserted, birthdates are unchanging over the course of a person’s lifetime and a more reliable datapoint in removing duplicative registrations. The defendant asserted that not only did other states generally limit or prevent the disclosure of voter birthdate information, but the privacy concerns of preventing identity theft made birthdate information akin to Social Security numbers. Ultimately Judge Hollander ordered that while voter privacy rights are important in an age of sophisticated identity theft schemes, there was nothing that suggested that the State of Maryland took affirmative steps to legislate or regulate the protection of voter birthdate information. Further, the court provided that Long was not controlling on the issue of birth dates because the 4th Circuit did not address whether birth dates can or should be redacted from voter registration applications. Thus, Judicial Watch’s motion for summary judgment was granted and the State of Maryland’s was denied.

Following Judge Hollander’s final memorandum decision, the parties submitted a joint status report on May 15, 2020. As of May 26, 2020, the court entered a settlement order which provided that the action was dismissed in its entirety.

This case is now closed.

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Summary Authors

Kelsey Lutgen (3/10/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/7039409/parties/judicial-watch-inc-v-lamone/

Judge(s)

Hollander, Ellen Lipton (Maryland)

Attorney for Plaintiff

Coates, H. Christopher (Maryland)

Cotca, Ramona Raula (Maryland)

Lee, Eric William (Maryland)

Attorney for Defendant

Karpinski, Kevin Bock (Maryland)

Judge(s)

Hollander, Ellen Lipton (Maryland)

Attorney for Plaintiff

Coates, H. Christopher (Maryland)

Cotca, Ramona Raula (Maryland)

Lee, Eric William (Maryland)

Popper, Robert D. (Maryland)

Attorney for Defendant

Karpinski, Kevin Bock (Maryland)

Scott, Robert A. (Maryland)

Trento, Andrea William (Maryland)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
1 1:17-cv-02006	Complaint Judicial Watch, Inc. V. Lamone, Et Al	July 18, 2017	July 18, 2017 Complaint
1 1:17-cv-02006	Complaint Judicial Watch, Inc. V. Lamone, Et Al	July 18, 2017	July 18, 2017 Complaint
19 1:17-cv-02006	Motion to Dismiss	Sept. 14, 2017	Sept. 14, 2017 Pleading / Motion / Brief 2017 U.S.Dist.LEXIS 581228
20 1:17-cv-02006	Motion to Dismiss	Sept. 15, 2017	Sept. 15, 2017 Pleading / Motion / Brief
22 1:17-cv-02006	Order on Motion for Extension of Time to File Response/Reply	Oct. 6, 2017	Oct. 6, 2017 Order/Opinion
34 1:17-cv-02006	Memorandum Opinion Judicial Watch, Inc. V. Lamone, Et Al	June 4, 2018	June 4, 2018 Order/Opinion 2018 WL 2564720
35 1:17-cv-02006	Order on Motion to Dismiss	June 4, 2018	June 4, 2018 Order/Opinion
36 1:17-cv-02006	Answer to Complaint	June 18, 2018	June 18, 2018 Other
49 1:17-cv-02006	Motion for Summary Judgment	March 12, 2019	March 12, 2019 Pleading / Motion / Brief
55 1:17-cv-02006	Order on Motion for Summary Judgment Judicial Watch, Inc. V. Lamone, Et Al	Aug. 8, 2019	Aug. 8, 2019 Order/Opinion 399 F.Supp.3d 425

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/7039409/judicial-watch-inc-v-lamone/

Last updated Aug. 18, 2025, 2:33 a.m.

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT Judicial Watch, Inc. against Michael R. Cogan, Jared DeMarinis, Patrick J. Hogan, Kelley A. Howells, Mary Ann Keeffe, Nahid Khozeimeh, Linda H. Lamone, Gloria Lawlah, David J. McManus, Jr., David Naimon, James Shalleck, Alexander Vincent ( Filing fee $ 400 receipt number 0416-6783896.), filed by Judicial Watch, Inc.. (Attachments: # 1 Exhibit A to Complaint, # 2 Exhibit B to Complaint, # 3 Civil Cover Sheet, # 4 Lamone Summons, # 5 McManus Summons, # 6 Hogan Summons, # 7 Cogan Summons, # 8 Howells Summons, # 9 Lawlah Summons, # 10 DeMarinis Summons, # 11 Shalleck Summons, # 12 Khozeimeh Summons, # 13 Keeffe Summons, # 14 Vincent Summons, # 15 Naimon Summons, # 16 Phillips Summons)(Popper, Robert) (Entered: 07/18/2017) 1 Exhibit A to Complaint View on PACER 2 Exhibit B to Complaint View on PACER 3 Civil Cover Sheet View on PACER 4 Lamone Summons View on PACER 5 McManus Summons View on PACER 6 Hogan Summons View on PACER 7 Cogan Summons View on PACER 8 Howells Summons View on PACER 9 Lawlah Summons View on PACER 10 DeMarinis Summons View on PACER 11 Shalleck Summons View on PACER 12 Khozeimeh Summons View on PACER 13 Keeffe Summons View on PACER 14 Vincent Summons View on PACER 15 Naimon Summons View on PACER 16 Phillips Summons View on PACER	July 18, 2017	July 18, 2017 Clearinghouse
2	Summons Issued 21 days as to Michael R. Cogan, Jared DeMarinis, Patrick J. Hogan, Kelley A. Howells, Mary Ann Keeffe, Nahid Khozeimeh, Linda H. Lamone, Gloria Lawlah, David J. McManus, Jr., David Naimon, Jacqueline Phillips, James Shalleck, Alexander Vincent. (Attachments: # 1 McManus, # 2 Hogan, # 3 Cogan, # 4 Howells, # 5 Lawlah, # 6 DeMarinis, # 7 Shalleck, # 8 Khozemeimeh, # 9 Keeffe, # 10 Vincent, # 11 Naimon, # 12 Phillips)(hmls, Deputy Clerk) (Entered: 07/19/2017)	July 19, 2017	July 19, 2017 PACER
3	(FILED IN ERROR - INCORRECT EVENT) AFFIDAVIT of Service for Summons and Complaint served on All Defendants on July 19, 2017, filed by Judicial Watch, Inc.. (Attachments: # 1 Declaration of Cristina Rotaru)(Popper, Robert) Modified on 8/1/2017 (hmls, Deputy Clerk). (Entered: 07/31/2017)	July 31, 2017	July 31, 2017 PACER
4	NOTICE of Appearance by Robert A Scott on behalf of Michael R. Cogan, Jared DeMarinis, Patrick J. Hogan, Kelley A. Howells, Linda H. Lamone, Gloria Lawlah, David J. McManus, Jr. (Scott, Robert) (Entered: 07/31/2017)	July 31, 2017	July 31, 2017 PACER
5	MOTION for Extension of Time to File Response/Reply as to 1 Complaint,,, by Michael R. Cogan, Jared DeMarinis, Patrick J. Hogan, Kelley A. Howells, Linda H. Lamone, Gloria Lawlah, David J. McManus, Jr.. (Attachments: # 1 Text of Proposed Order)(Scott, Robert) Modified on 8/1/2017 (hmls, Deputy Clerk). (Entered: 07/31/2017)	July 31, 2017	July 31, 2017 PACER
6	QC NOTICE: 3 Affidavit of Service filed by Judicial Watch, Inc. was filed incorrectly. **Please refile document under the "Service of Process" category, select the "Summons Returned Executed" event, and enter the dates of service when prompted. The document has been marked FILED IN ERROR, and the document link has been disabled. (hmls, Deputy Clerk) (Entered: 08/01/2017)	Aug. 1, 2017	Aug. 1, 2017 PACER
7	ORDER GRANTING 5 Motion for Extension of Time to Answer re 1 Complaint. Michael R. Cogan, Jared DeMarinis, Patrick J. Hogan, Kelley A. Howells, Linda H. Lamone, Gloria Lawlah, and David J. McManus, Jr. answers due on or before 9/5/2017. Signed by Judge Ellen L. Hollander on 7/31/2017. (hmls, Deputy Clerk) (Entered: 08/01/2017)	Aug. 1, 2017	Aug. 1, 2017 PACER
8	SUMMONS Returned Executed by Judicial Watch, Inc.. All Defendants. (Attachments: # 1 Declaration of Cristina Rotaru)(Popper, Robert) (Entered: 08/01/2017)	Aug. 1, 2017	Aug. 1, 2017 PACER
9	(FILED IN ERROR - INCORRECT CAPTION) NOTICE of Appearance by Ramona R Cotca on behalf of Judicial Watch, Inc. (Cotca, Ramona) Modified on 8/2/2017 (hmls, Deputy Clerk). (Entered: 08/01/2017)	Aug. 1, 2017	Aug. 1, 2017 PACER
10	NOTICE of Appearance by Eric William Payne Lee on behalf of All Plaintiffs (Lee, Eric) (Entered: 08/04/2017)	Aug. 4, 2017	Aug. 4, 2017 PACER
11	STIPULATION re 1 Complaint,,, MCBOE shall have until and including September 5, 2017 to respond by Mary Ann Keeffe, Nahid Khozeimeh, David Naimon, Jacqueline Phillips, James Shalleck, Alexander Vincent(Karpinski, Kevin) (Entered: 08/16/2017)	Aug. 16, 2017	Aug. 16, 2017 PACER
12	NOTICE of Appearance by Ramona R Cotca on behalf of Judicial Watch, Inc. (Cotca, Ramona) (Entered: 08/16/2017)	Aug. 16, 2017	Aug. 16, 2017 PACER
13	Marginal ORDER APPROVING 11 Stipulation. Mary Ann Keeffe, Nahid Khozeimeh, David Naimon, Jacqueline Phillips, James Shalleck, and Alexander Vincent shall have until and including 9/5/2017 to respond to the complaint. Signed by Judge Ellen L. Hollander on 8/16/2017. (hmls, Deputy Clerk) (Entered: 08/16/2017)	Aug. 16, 2017	Aug. 16, 2017 PACER
14	Consent MOTION for Extension of Time to File Response/Reply (second) by Michael R. Cogan, Jared DeMarinis, Patrick J. Hogan, Kelley A. Howells, Linda H. Lamone, Gloria Lawlah, David J. McManus, Jr.(Scott, Robert) Modified on 9/1/2017 (hmls, Deputy Clerk). (Entered: 08/31/2017)	Aug. 31, 2017	Aug. 31, 2017 PACER
15	NOTICE by Michael R. Cogan, Jared DeMarinis, Patrick J. Hogan, Kelley A. Howells, Linda H. Lamone, Gloria Lawlah, David J. McManus, Jr. re 14 Consent MOTION for Extension of Time to File Response/Reply (second) (Scott, Robert) (Entered: 08/31/2017)	Aug. 31, 2017	Aug. 31, 2017 PACER
16	ORDER GRANTING 14 Motion for Extension of Time to Answer re 1 Complaint. Michael R. Cogan, Jared DeMarinis, Patrick J. Hogan, Kelley A. Howells, Linda H. Lamone, Gloria Lawlah, and David J. McManus, Jr. answers due 9/15/2017. Signed by Judge Ellen L. Hollander on 8/31/2017. (hmls, Deputy Clerk) (Entered: 09/01/2017)	Aug. 31, 2017	Aug. 31, 2017 PACER
17	Consent MOTION for Extension of Time to File Answer re 1 Complaint,,, by Mary Ann Keeffe, Nahid Khozeimeh, David Naimon, Jacqueline Phillips, James Shalleck, Alexander Vincent (Attachments: # 1 Text of Proposed Order)(Karpinski, Kevin) (Entered: 09/05/2017)	Sept. 5, 2017	Sept. 5, 2017 PACER
18	ORDER GRANTING 17 Motion for Extension of Time to Answer re 1 Complaint. Mary Ann Keeffe, Nahid Khozeimeh, David Naimon, Jacqueline Phillips, James Shalleck, and Alexander Vincent answers due 9/15/2017. Signed by Judge Ellen L. Hollander on 9/5/2017. (hmls, Deputy Clerk) (Entered: 09/05/2017)	Sept. 5, 2017	Sept. 5, 2017 PACER
19	MOTION to Dismiss complaint, or in the alternative, for summary judgment by Michael R. Cogan, Jared DeMarinis, Patrick J. Hogan, Kelley A. Howells, Linda H. Lamone, Gloria Lawlah, David J. McManus, Jr. (Attachments: # 1 memorandum in support, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3)(Scott, Robert) (Entered: 09/14/2017) 1 memorandum in support View on RECAP 2 Exhibit 1 View on RECAP 3 Exhibit 2 View on RECAP 4 Exhibit 3 View on RECAP	Sept. 14, 2017	Sept. 14, 2017 Clearinghouse
20	MOTION to Dismiss by Mary Ann Keeffe, Nahid Khozeimeh, David Naimon, Jacqueline Phillips, James Shalleck, Alexander Vincent (Attachments: # 1 Memorandum in Support thereof)(Karpinski, Kevin) (Entered: 09/15/2017) 1 Memorandum in Support thereof View on RECAP	Sept. 15, 2017	Sept. 15, 2017 Clearinghouse
21	Consent MOTION for Extension of Time to File Response/Reply as to 20 MOTION to Dismiss by Mary Ann Keeffe, Nahid Khozeimeh, David Naimon, Jacqueline Phillips, James Shalleck, Alexander Vincent(Karpinski, Kevin) (Entered: 10/06/2017)	Oct. 6, 2017	Oct. 6, 2017 PACER
22	ORDER GRANTING 21 Motion for Extension of Time to File Response re 20 MOTION to Dismiss . Response extended to and including 10/27/2017. Signed by Judge Ellen L. Hollander on 10/6/2017. (hmls, Deputy Clerk) (Entered: 10/10/2017)	Oct. 6, 2017	Oct. 6, 2017 Clearinghouse
23	MOTION to Appear Pro Hac Vice for H. Christopher Coates (Filing fee $100, receipt number 0416-6969292.) by Judicial Watch, Inc.(Popper, Robert) (Entered: 10/27/2017)	Oct. 27, 2017	Oct. 27, 2017 PACER
24	RESPONSE in Opposition re 20 MOTION to Dismiss, 19 MOTION to Dismiss complaint, or in the alternative, for summary judgment filed by Judicial Watch, Inc.. (Attachments: # 1 Declaration of Robert D. Popper, # 2 Exhibit A to Popper Declaration, # 3 Exhibit B to Popper Declaration, # 4 Exhibit C to Popper Declaration)(Popper, Robert) (Entered: 10/27/2017)	Oct. 27, 2017	Oct. 27, 2017 PACER
25	PAPERLESS ORDER granting 23 Motion to Appear Pro Hac Vice on behalf of H Christopher Coates. Directing attorney H Christopher Coates to register online for CM/ECF at http://www.mdd.uscourts.gov/electronic-case-filing-registration. Signed by Clerk on 10/31/2017. (srd, Deputy Clerk) (Entered: 10/31/2017)	Oct. 31, 2017	Oct. 31, 2017 PACER
26	Consent MOTION for Extension of Time to File Response/Reply as to 19 MOTION to Dismiss complaint, or in the alternative, for summary judgment by Michael R. Cogan, Jared DeMarinis, Patrick J. Hogan, Kelley A. Howells, Linda H. Lamone, Gloria Lawlah, David J. McManus, Jr..(Scott, Robert) (Entered: 11/06/2017)	Nov. 6, 2017	Nov. 6, 2017 PACER
27	NOTICE by Michael R. Cogan, Jared DeMarinis, Patrick J. Hogan, Kelley A. Howells, Linda H. Lamone, Gloria Lawlah, David J. McManus, Jr. Proposed Order Extending Time to File Reply (Scott, Robert) (Entered: 11/06/2017)	Nov. 6, 2017	Nov. 6, 2017 PACER
28	ORDER GRANTING 26 Motion for Extension of Time to File Reply re 19 MOTION to Dismiss complaint, or in the alternative, for summary judgment. Signed by Judge Ellen L. Hollander on 11/6/2017. (hmls, Deputy Clerk) (Entered: 11/06/2017)	Nov. 6, 2017	Nov. 6, 2017 PACER
29	REPLY to Response to Motion re 20 MOTION to Dismiss filed by Mary Ann Keeffe, Nahid Khozeimeh, David Naimon, Jacqueline Phillips, James Shalleck, Alexander Vincent.(Karpinski, Kevin) (Entered: 11/08/2017)	Nov. 8, 2017	Nov. 8, 2017 PACER
30	Local Rule 103.3 Disclosure Statement by Judicial Watch, Inc. (Lee, Eric) (Entered: 11/09/2017)	Nov. 9, 2017	Nov. 9, 2017 PACER
31	REPLY to Response to Motion re 19 MOTION to Dismiss complaint, or in the alternative, for summary judgment filed by Michael R. Cogan, Jared DeMarinis, Patrick J. Hogan, Kelley A. Howells, Linda H. Lamone, Gloria Lawlah, David J. McManus, Jr..(Scott, Robert) (Entered: 11/16/2017)	Nov. 16, 2017	Nov. 16, 2017 PACER
32	ORDER DIRECTING parties to update the Court as to the status of E.L. ยง 3-506 by 5/21/2018. Signed by Judge Ellen L. Hollander on 5/1/2018. (hmls, Deputy Clerk) (Entered: 05/01/2018)	May 1, 2018	May 1, 2018 PACER
33	Substantive legal issues - addressing (Scott, Robert) (Entered: 05/17/2018)	May 17, 2018	May 17, 2018 PACER
34	MEMORANDUM OPINION. Signed by Judge Ellen L. Hollander on 6/4/2018. (hmls, Deputy Clerk)	June 4, 2018	June 4, 2018 Clearinghouse
35	ORDER DENYING 19 Motion of State Defendants to Dismiss; GRANTING 20 Motion of County Defendants to Dismiss. Signed by Judge Ellen L. Hollander on 6/4/2018. (hmls, Deputy Clerk) (Entered: 06/04/2018)	June 4, 2018	June 4, 2018 Clearinghouse
36	State Defendants' ANSWER to 1 Complaint,,, by Michael R. Cogan, Jared DeMarinis, Patrick J. Hogan, Kelley A. Howells, Linda H. Lamone, Gloria Lawlah, David J. McManus, Jr..(Scott, Robert) (Entered: 06/18/2018)	June 18, 2018	June 18, 2018 Clearinghouse
37	ORDER re: Telephone Conference on Scheduling. Signed by Judge Ellen L. Hollander on 6/19/2018. (hmls, Deputy Clerk) (Entered: 06/19/2018)	June 19, 2018	June 19, 2018 PACER
	Status Conference	July 16, 2018	July 16, 2018 PACER
	Telephone Status Conference held on 7/16/2018 before Judge Ellen L. Hollander. (krs, Deputy Clerk)	July 16, 2018	July 16, 2018 PACER
38	SCHEDULING ORDER: Status Report due by 11/14/2018.Signed by Judge Ellen L. Hollander on 7/16/2018. (Attachments: # 1 Informal Discovery Letter)(krs, Deputy Clerk) (Entered: 07/17/2018)	July 16, 2018	July 16, 2018 PACER
39	Consent MOTION for Extension of Time to Complete Discovery by Michael R. Cogan, Jared DeMarinis, Patrick J. Hogan, Kelley A. Howells, Linda H. Lamone, Gloria Lawlah, David J. McManus, Jr.. (Attachments: # 1 Text of Proposed Order)(Scott, Robert) (Entered: 09/26/2018)	Sept. 26, 2018	Sept. 26, 2018 PACER
40	ORDER GRANTING 39 Motion for Extension of Time to Complete Discovery. Signed by Judge Ellen L. Hollander on 9/26/2018. (hmls, Deputy Clerk) (Entered: 09/27/2018)	Sept. 27, 2018	Sept. 27, 2018 PACER
41	NOTICE of Appearance by Andrea William Trento on behalf of All Defendants (Trento, Andrea) (Entered: 10/10/2018)	Oct. 10, 2018	Oct. 10, 2018 PACER
42	STATUS REPORT JOINT by Judicial Watch, Inc.(Lee, Eric) (Entered: 12/06/2018)	Dec. 6, 2018	Dec. 6, 2018 PACER
43	MOTION for Summary Judgment by Judicial Watch, Inc. (Attachments: # 1 Memorandum of Law, # 2 Declaration of Robert D. Popper, # 3 Ex. A, Popper Decl., # 4 Ex. B, Popper Decl., # 5 Ex. C, Popper Decl., # 6 Ex. D, Popper Decl., # 7 Text of Proposed Order)(Popper, Robert) (Entered: 01/25/2019) 1 Memorandum of Law View on PACER 2 Declaration of Robert D. Popper View on PACER 3 Ex. A, Popper Decl. View on PACER 4 Ex. B, Popper Decl. View on PACER 5 Ex. C, Popper Decl. View on PACER 6 Ex. D, Popper Decl. View on PACER 7 Text of Proposed Order View on PACER	Jan. 25, 2019	Jan. 25, 2019 PACER
44	NOTICE by Judicial Watch, Inc. re 43 MOTION for Summary Judgment, Notice of Errata (Attachments: # 1 Memo of law, corrected)(Popper, Robert) (Entered: 01/29/2019)	Jan. 29, 2019	Jan. 29, 2019 PACER
45	Consent MOTION for Extension of Time to File Response/Reply as to 43 MOTION for Summary Judgment and to file counter-motion for summary judgment by Michael R. Cogan, Jared DeMarinis, Patrick J. Hogan, Kelley A. Howells, Linda H. Lamone, Gloria Lawlah, David J. McManus, Jr. (Attachments: # 1 Text of Proposed Order)(Trento, Andrea) (Entered: 02/01/2019)	Feb. 1, 2019	Feb. 1, 2019 PACER
46	ORDER GRANTING 45 Motion for Extension of Time to File Response re 43 MOTION for Summary Judgment and to File Cross Motion for Summary Judgment until 3/11/2019. Signed by Judge Ellen L. Hollander on 2/1/2019. (hmls, Deputy Clerk) (Entered: 02/04/2019)	Feb. 1, 2019	Feb. 1, 2019 PACER
47	(FILED IN ERROR - INCORRECT EVENT) RESPONSE in Opposition re 43 MOTION for Summary Judgment filed by Michael R. Cogan, Jared DeMarinis, Patrick J. Hogan, Kelley A. Howells, Linda H. Lamone, Gloria Lawlah, David J. McManus, Jr.. (Attachments: # 1 Memorandum in Support of Defendants' Cross-Motion for Summary Judgment and in Opposition to Plaintiff's Motion for Summary Judgment, # 2 Affidavit Declaration of Andrea W. Trento, # 3 Exhibit A to the Trento Declaration, # 4 Exhibit B to the Trento Declaration, # 5 Exhibit C to the Trento Declaration, # 6 Exhibit D to the Trento Declaration, # 7 Affidavit Declaration of Mary C. Wagner, # 8 Affidavit Declaration of Janet Smith, # 9 Affidavit Declaration of Jared DeMarinis, # 10 Index of Exhibits)(Trento, Andrea) Modified on 3/12/2019 (hmls, Deputy Clerk). (Entered: 03/11/2019)	March 11, 2019	March 11, 2019 PACER
48	QC NOTICE: 47 Response in Opposition to Motion filed by Jared DeMarinis, Linda H. Lamone, Kelley A. Howells, Patrick J. Hogan, David J. McManus, Jr., Gloria Lawlah, Michael R. Cogan was filed using the incorrect event. **Please refile cross motion under the "Motions" category and select the "Summary Judgment" event. The response has been marked FILED IN ERROR, and the document link has been disabled. (hmls, Deputy Clerk) (Entered: 03/12/2019)	March 12, 2019	March 12, 2019 PACER
49	Cross MOTION for Summary Judgment by Michael R. Cogan, Jared DeMarinis, Patrick J. Hogan, Kelley A. Howells, Linda H. Lamone, Gloria Lawlah, David J. McManus, Jr. (Attachments: # 1 Memorandum in Support of defendants' cross-motion for summary judgment and in opposition to plaintiff's motion for summary judgment, # 2 Index of exhibits, # 3 Affidavit Declaration of Andrea W. Trento, # 4 Exhibit A to the Trento Decl., # 5 Exhibit B to the Trento Decl., # 6 Exhibit C to the Trento Decl., # 7 Exhibit D to the Trento Decl., # 8 Affidavit Declaration of Mary C. Wagner, # 9 Affidavit Declaration of Janet Smith, # 10 Affidavit Declaration of Jared DeMarinis)(Trento, Andrea) (Entered: 03/12/2019) 1 Memorandum in Support of defendants' cross-motion for summary judgment and View on RECAP 2 Index of exhibits View on RECAP 3 Affidavit Declaration of Andrea W. Trento View on PACER 4 Exhibit A to the Trento Decl. View on PACER 5 Exhibit B to the Trento Decl. View on PACER 6 Exhibit C to the Trento Decl. View on PACER 7 Exhibit D to the Trento Decl. View on PACER 8 Affidavit Declaration of Mary C. Wagner View on PACER 9 Affidavit Declaration of Janet Smith View on PACER 10 Affidavit Declaration of Jared DeMarinis View on PACER	March 12, 2019	March 12, 2019 Clearinghouse
50	Consent MOTION for Extension of Time by Judicial Watch, Inc. (Attachments: # 1 Text of Proposed Order)(Popper, Robert) (Entered: 03/15/2019)	March 15, 2019	March 15, 2019 PACER
51	ORDER GRANTING 50 Motion for Extension of Time. Signed by Judge Ellen L. Hollander on 3/15/2019. (hmls, Deputy Clerk) (Entered: 03/18/2019)	March 15, 2019	March 15, 2019 PACER
52	RESPONSE to Motion re 49 Cross MOTION for Summary Judgment and Reply Response to Motion re 43 MOTION for Summary Judgment filed by Judicial Watch, Inc. (Attachments: # 1 Second Declaration of Robert D. Popper, # 2 Ex. A to 2nd Popper Decl., # 3 Ex. B to 2nd Popper Decl., # 4 Ex. C to 2nd Popper Decl.)(Popper, Robert) Modified on 4/25/2019 (hmls, Deputy Clerk). (Entered: 04/24/2019)	April 24, 2019	April 24, 2019 PACER
53	REPLY to Response to Motion re 49 Cross MOTION for Summary Judgment filed by Michael R. Cogan, Jared DeMarinis, Patrick J. Hogan, Kelley A. Howells, Linda H. Lamone, Gloria Lawlah, David J. McManus, Jr.. (Attachments: # 1 Exhibit A (Declaration of Linda H. Lamone)(Trento, Andrea) (Entered: 05/08/2019) 1 Exhibit A (Declaration of Linda H. Lamone View on PACER	May 8, 2019	May 8, 2019 PACER
54	MEMORANDUM OPINION. Signed by Judge Ellen L. Hollander on 8/8/2019. (hmls, Deputy Clerk)	Aug. 8, 2019	Aug. 8, 2019 Clearinghouse
55	ORDER GRANTING IN PART AND DENYING IN PART 43 Motion for Summary Judgment; DENYING 49 Cross Motion for Summary Judgment; DIRECTING parties to submit a proposed schedule by 8/22/2019. Signed by Judge Ellen L. Hollander on 8/8/2019. (hmls, Deputy Clerk) (Entered: 08/09/2019)	Aug. 8, 2019	Aug. 8, 2019 Clearinghouse
56	STATUS REPORT, Joint Proposed Briefing Schedule by Judicial Watch, Inc. (Attachments: # 1 Text of Proposed Order)(Popper, Robert) (Entered: 08/21/2019)	Aug. 21, 2019	Aug. 21, 2019 PACER
57	ORDER re: Briefing Schedule. Signed by Judge Ellen L. Hollander on 8/21/2019. (hmls, Deputy Clerk) (Entered: 08/22/2019)	Aug. 21, 2019	Aug. 21, 2019 PACER
58	MEMORANDUM to Counsel re: West Publishing and Memorandum Opinion. Signed by Judge Ellen L. Hollander on 9/3/2019. (krs, Deputy Clerk) (Entered: 09/03/2019)	Sept. 3, 2019	Sept. 3, 2019 PACER
59	Revised MEMORANDUM OPINION. Signed by Judge Ellen L. Hollander on 8/8/2019. (krs, Deputy Clerk)	Sept. 3, 2019	Sept. 3, 2019 Clearinghouse
60	RESPONSE re 57 Order filed by Michael R. Cogan, Jared DeMarinis, Patrick J. Hogan, Kelley A. Howells, Linda H. Lamone, Gloria Lawlah, David J. McManus, Jr.. (Attachments: # 1 Exhibit A (Wagner Dep Tr excerpts), # 2 Exhibit B (Smith Dep Tr excerpts))(Trento, Andrea) (Entered: 09/13/2019)	Sept. 13, 2019	Sept. 13, 2019 PACER
61	RESPONSE re 57 Order, Supplemental Memo of Law filed by Judicial Watch, Inc.. (Attachments: # 1 Third Popper Declaration, # 2 Ex. A, # 3 Ex. B)(Popper, Robert) (Entered: 09/13/2019) 1 Third Popper Declaration View on PACER 2 Ex. A View on PACER 3 Ex. B View on PACER	Sept. 13, 2019	Sept. 13, 2019 Clearinghouse
62	RESPONSE re 61 Response filed by Michael R. Cogan, Jared DeMarinis, Patrick J. Hogan, Kelley A. Howells, Linda H. Lamone, Gloria Lawlah, David J. McManus, Jr..(Trento, Andrea) (Entered: 09/20/2019)	Sept. 20, 2019	Sept. 20, 2019 PACER
63	RESPONSE re 60 Response, filed by Judicial Watch, Inc.. (Attachments: # 1 Fourth Popper Decl.)(Popper, Robert) (Entered: 09/20/2019)	Sept. 20, 2019	Sept. 20, 2019 PACER
64	MEMORANDUM OPINION. Signed by Judge Ellen L. Hollander on 4/17/2020. (bas, Deputy Clerk)	April 17, 2020	April 17, 2020 RECAP

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Case Details

State / Territory: Maryland

Case Type(s):

Election/Voting Rights

Special Collection(s):

Law Firm Antiracism Alliance (LFAA) project

Key Dates

Filing Date: July 18, 2017

Closing Date: May 26, 2020

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Judicial Watch is a conservative not-for-profit, educational organization whose mission is to promote transparency, integrity and accountability in government.

Plaintiff Type(s):

Non-profit NON-religious organization

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

State Administrator of Elections for Maryland, State

Chairman, Maryland State Board of Elections, State

Vice-Chairman, Maryland State Board of Elections, State

Members of the Maryland State Board of Elections, State

President, Montgomery County Board of Elections (Montgomery), County