Case: Ohio Democratic Party v. Ohio Republican Party

1:16-cv-02645 | U.S. District Court for the Northern District of Ohio

Filed Date: Oct. 30, 2016

Closed Date: Dec. 13, 2016

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Case Summary

The Ohio Democratic Party brought this action for declaratory and injunctive relief against the Trump campaign, Roger Stone, and Stop the Steal, Inc., the Ohio Republican Party, based on allegations that they conspired to threaten, intimidate, and thereby prevent minority voters in urban neighborhoods from voting in the 2016 election. The complaint was filed 9 days before the 2016 election and grounded the complaint on Section 2 of the Klan Act, as currently codified in 42 U.S.C. § 1985(3)and Section 11(b) of the Voting Rights Act. Plaintiffs asked the court to declare the voter intimidation strategy contrary to the law and to enjoin the defendants from executing the strategy, including poll watching, being present at polls, fundraising or organizing for their strategy, through the election. Part of the prayer for relief is for the court to publicize the order to all law enforcement.

Defendants argued that the plaintiff did not offer, for example, any evidence of actual or impending violations of state or federal law. Defendants claim that plaintiffs only point to “political speeches, non-party Twitter feeds, and other standard election fare, but none of the anecdotes it cites amount to evidence that the Campaign (or any other defendant) is in fact intimidating or threatening—or planning to intimidate or threaten—Ohio voters.” Defendants claim that the plaintiffs request for declaratory relief is synonymous with an “Obey the Law” order, which are generally prohibited. They also claim that any injunction would violate their First Amendment rights because it would limit their ability to reach out to voters and gather voter data and chill political speech.

Plaintiffs argued that the declaratory relief is not an “Obey the Law” order, which are “hypergeneralized orders to indefinitely abide by broad legal commands.” They claim that relief is for “compliance with specific provisions of the Ohio Revised Code until voting concludes for the 2016 Presidential Election.” Plaintiffs further argue that this relief should be granted “where there is a legitimate possibility that particular laws may be imminently violated, ordering compliance with those laws is appropriate.”

The Court granted the plaintiff’s motion for a TRO against all defendants, except the Ohio Republican Party.

Defendant’s appealed. Trump for President, Inc. moved for stay of the TRO at the Sixth Circuit Court of Appeals, which was granted on November 6, 2016. Since the stay outlasted Election Day, plaintiffs moved to dismiss on November 9, 2016. District Court granted voluntary dismissal without prejudice on November 10. Sixth Circuit grants voluntary dismissal on December 13, 2016.

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Summary Authors

Travis Salters (6/21/2024)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4526194/parties/ohio-democratic-party-v-ohio-republican-party/

Judge(s)

Attorney for Plaintiff

Clinger, Derek S. (Ohio)

Cooper, Charles D. (Ohio)

Elias, Marc E. (Ohio)

Attorney for Defendant

Armstrong, Maria J. (Ohio)

Ernst, Christopher M. (Ohio)

Judge(s)

Gwin, James S. (Ohio)

Attorney for Plaintiff

Clinger, Derek S. (Ohio)

Cooper, Charles D. (Ohio)

Elias, Marc E. (Ohio)

Gottlieb, Michael J. (Ohio)

Kaufman, Steven S. (Ohio)

McTigue, Donald J. (Ohio)

Smalls, Dawn L. (Ohio)

Wallace, Benjamin F.C. (Ohio)

West, N. Zachary (Ohio)

Attorney for Defendant

Armstrong, Maria J. (Ohio)

Ernst, Christopher M. (Ohio)

Readler, Chad A. (Ohio)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
1 1:16-cv-02645	Voter Intimidation Complaint Pursuant to the Voting Rights Act of 1965 and the Ku Klux Klan Act of 1871	Oct. 30, 2016	Oct. 30, 2016 Complaint
10 1:16-cv-02645	Defendant Ohio Republican Party's Motion to Dismiss and Objection to Proposed Order	Nov. 2, 2016	Nov. 2, 2016 Pleading / Motion / Brief
8-2 1:16-cv-02645	Brief in Support Memorandum of Law in Support of Motion for TRO and Preliminary	Nov. 2, 2016	Nov. 2, 2016 Pleading / Motion / Brief
8-1 1:16-cv-02645	Proposed Order and Opinion	Nov. 2, 2016	Nov. 2, 2016 Order/Opinion
12 1:16-cv-02645	Position of Defendant Donald J. Trump For President, Inc. In Response to Court Order and Complaint	Nov. 2, 2016	Nov. 2, 2016 Pleading / Motion / Brief
11 1:16-cv-02645	Answer of Defendant Ohio Republican Party	Nov. 2, 2016	Nov. 2, 2016 Pleading / Motion / Brief
16 1:16-cv-02645	Declaration of Dawn L. Smalls, Esq.	Nov. 3, 2016	Nov. 3, 2016 Declaration/Affidavit
27 1:16-cv-02645	Opinion & Order [Resolving Doc. No. 8]	Nov. 4, 2016	Nov. 4, 2016 Order/Opinion
24 1:16-cv-02645	Donald J. Trump For President, Inc.'s Response to Plaintiff's Motion for a Temporary Restraining Order and/or Preliminary Injunction	Nov. 4, 2016	Nov. 4, 2016 Pleading / Motion / Brief
29 1:16-cv-02645	Notice of Appeal	Nov. 4, 2016	Nov. 4, 2016 Notice of Investigation or Suit/Demand Letter

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/4526194/ohio-democratic-party-v-ohio-republican-party/

Last updated Aug. 8, 2025, 7:27 a.m.

ECF Number	Description	Date	Link Date / Link
1	Complaint against All Defendants. Filing fee paid $ 400, Receipt number 0647-7875780. Filed by Ohio Democratic Party. (Cooper, Charles) s/ by Donald J. McTigue. Modified text on 10/31/2016 (S,SR). (Entered: 10/30/2016)	Oct. 30, 2016	Oct. 30, 2016 Clearinghouse
2	Civil Cover Sheet to 1 Complaint filed by Ohio Democratic Party. Related document(s) 1 . (Attachments: # 1 Summons Ohio Republican Party, # 2 Summons Roger J. Stone, Jr., # 3 Summons Stop the Steal, Inc., # 4 Summons Donald J. Trump for President, Inc.)(Cooper, Charles) Modified text on 10/31/2016 (S,SR). (Entered: 10/30/2016) 1 Summons Ohio Republican Party View on RECAP 2 Summons Roger J. Stone, Jr. View on RECAP 3 Summons Stop the Steal, Inc. View on RECAP 4 Summons Donald J. Trump for President, Inc. View on RECAP	Oct. 30, 2016	Oct. 30, 2016 PACER
	Judge James S. Gwin assigned to case. (S,SR)	Oct. 31, 2016	Oct. 31, 2016 PACER
	Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge Thomas M. Parker. (S,SR)	Oct. 31, 2016	Oct. 31, 2016 PACER
3	Original Summons and Magistrate Consent Form issued to counsel for service upon Donald J. Trump for President, Inc., Ohio Republican Party, Roger J. Stone Jr., Stop the Steal, Inc. (Attachments: # 1 Magistrate Consent Form) (S,SR) (Entered: 10/31/2016) 1 Magistrate Consent Form View on PACER	Oct. 31, 2016	Oct. 31, 2016 PACER
4	Motion for attorney N. Zachary West to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-7876799, filed by Plaintiff Ohio Democratic Party. (McTigue, Donald) (Entered: 10/31/2016)	Oct. 31, 2016	Oct. 31, 2016 RECAP
5	Motion for attorney Michael J. Gottlieb to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-7876815, filed by Plaintiff Ohio Democratic Party. (McTigue, Donald) (Entered: 10/31/2016)	Oct. 31, 2016	Oct. 31, 2016 RECAP
6	Motion for attorney Dawn L. Smalls to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-7876827, filed by Plaintiff Ohio Democratic Party. (McTigue, Donald) (Entered: 10/31/2016)	Oct. 31, 2016	Oct. 31, 2016 RECAP
7	Motion for attorney Marc E. Elias to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-7877683, filed by Plaintiff Ohio Democratic Party. (McTigue, Donald) (Entered: 10/31/2016)	Oct. 31, 2016	Oct. 31, 2016 RECAP
	Order [non-document] entered by Judge James S. Gwin on 11/1/16. IMPORTANT: Defendants shall file a response to plaintiff's complaint by close of business tomorrow, 11/2/16, and shall respond as to whether they have any objection to the entrance of an order limiting voter intimidation or an order limiting people at polling locations who are not authorized poll watchers or outside the polling stations. (Related Doc. 1 ) (D,MA)	Nov. 1, 2016	Nov. 1, 2016 PACER
	Order on Motion to appear pro hac vice AND Order on Motion to appear pro hac vice AND Order on Motion to appear pro hac vice AND Order on Motion to appear pro hac vice	Nov. 1, 2016	Nov. 1, 2016 PACER
	Order	Nov. 1, 2016	Nov. 1, 2016 PACER
	Order [non-document] entered by Judge James S. Gwin on 11/1/16 granting the motions to appear pro hac vice of Attorneys N. Zachary West, Michael J. Gottlieb, Dawn L. Smalls, and Marc E. Elias on behalf of plaintiff. Local Rule 5.1(c) requires that attorneys register for CM/ECF and file and receive all documents electronically. The CM/ECF registration form can be found at www.ohnd.uscourts.gov under Forms. (Related Docs. 4, 5, 6, and 7 ) (D,MA)	Nov. 1, 2016	Nov. 1, 2016 PACER
8	Motion for temporary restraining order filed by Plaintiff Ohio Democratic Party. (Attachments: # 1 Proposed Order and Opinion, # 2 Brief in Support Memorandum of Law in Support of Motion for TRO and Preliminary Injunction, # 3 Affidavit Declaration of Donald J. McTigue, Esq., # 4 Affidavit Declaration of Marc E. Elias, Esq., # 5 Affidavit Declaration of Mark Mellman)(Kaufman, Steven) Modified text on 11/3/2016 (G,TH). (Entered: 11/02/2016) 1 Proposed Order and Opinion View on RECAP 2 Brief in Support Memorandum of Law in Support of Motion for TRO and Preliminary View on RECAP 3 Affidavit Declaration of Donald J. McTigue, Esq. View on RECAP 4 Affidavit Declaration of Marc E. Elias, Esq. View on PACER 5 Affidavit Declaration of Mark Mellman View on PACER	Nov. 2, 2016	Nov. 2, 2016 PACER
9	Notice of Service of Summons and Complaint filed by Ohio Democratic Party. (Attachments: # 1 Exhibit A - Proof of Service - Donal J. Trump for President, Inc., # 2 Exhibit B - Proof of Service - OH Republican Party, # 3 Exhibit C - Proof of Service - Stone, # 4 Exhibit D - Proof of Service - Stop the Steal, Inc.)(Kaufman, Steven) Modified text on 11/4/2016 (S,SR). (Entered: 11/02/2016) 1 View on PACER 2 View on PACER 3 View on PACER 4 View on PACER	Nov. 2, 2016	Nov. 2, 2016 PACER
10	Motion to dismiss and objection to proposed order filed by Defendant Ohio Republican Party. (Ernst, Christopher) (Entered: 11/02/2016)	Nov. 2, 2016	Nov. 2, 2016 Clearinghouse
11	Answer to 1 Complaint filed by Ohio Republican Party. (Ernst, Christopher) (Entered: 11/02/2016)	Nov. 2, 2016	Nov. 2, 2016 Clearinghouse
12	Brief Position in Response to Court Order and Complaint filed by Donald J. Trump for President, Inc.. Related document(s) 1,. (Attachments: # 1 Brief in Support) (Readler, Chad) (Entered: 11/02/2016) 1 Brief in Support View on RECAP	Nov. 2, 2016	Nov. 2, 2016 Clearinghouse
13	Corporate Disclosure Statement filed by Donald J. Trump for President, Inc.. (Readler, Chad) (Entered: 11/02/2016)	Nov. 2, 2016	Nov. 2, 2016 Clearinghouse
	IMPORTANT: Notice [non-document] that a hearing on plaintiff's motion for temporary restraining order is set for 11/4/16 at 1:00 p.m., Courtroom 18A before Judge James S. Gwin. (Related Doc. 8 ) (D,MA)	Nov. 3, 2016	Nov. 3, 2016 PACER
	Order	Nov. 3, 2016	Nov. 3, 2016 PACER
	Order [non-document] entered by Judge James S. Gwin on 11/3/16. The hearing on plaintiff's application for temporary restraining order will proceed on 11/4/16 as scheduled. IMPORTANT: If either side believes they will call witnesses, they are required to notify the Court by 3:00 p.m. today together with the names and positions of any potential witnesses. (D,MA)	Nov. 3, 2016	Nov. 3, 2016 PACER
14	Notice of Witnesses filed by Ohio Republican Party. (Ernst, Christopher) (Entered: 11/03/2016)	Nov. 3, 2016	Nov. 3, 2016 RECAP
15	Disclosure of Hearing Witnesses of Plaintiff, Ohio Democratic Party filed by Ohio Democratic Party. (Kaufman, Steven) (Entered: 11/03/2016)	Nov. 3, 2016	Nov. 3, 2016 PACER
16	Declaration of Dawn L. Smalls, Esq. filed by Ohio Democratic Party. (Attachments: # 1 Exhibits to Declaration of Dawn L. Smalls, Esq.)(Smalls, Dawn) Modified text on 11/3/2016 (G,TH). (Entered: 11/03/2016) 1 Exhibits to Declaration of Dawn L. Smalls, Esq. View on RECAP	Nov. 3, 2016	Nov. 3, 2016 Clearinghouse
17	Corporate Disclosure Statement filed by Ohio Republican Party. (Ernst, Christopher) (Entered: 11/03/2016)	Nov. 3, 2016	Nov. 3, 2016 PACER
	IMPORTANT: Notice [non-document] that the hearing on plaintiff's motion for temporary restraining order is RESET AS TO TIME ONLY and will be held at 10:00 a.m. on 11/4/16, Courtroom 18A before Judge James S. Gwin. (Related Doc. 8 ) (D,MA)	Nov. 3, 2016	Nov. 3, 2016 PACER
18	Motion to strike memorandum of law in support of temporary restraining order and/or preliminary injunction filed by Defendant Ohio Republican Party. Related document(s) 8 . (Ernst, Christopher) (Entered: 11/03/2016)	Nov. 3, 2016	Nov. 3, 2016 PACER
19	Opposition to 8 Motion for temporary restraining order filed by Ohio Republican Party. (Ernst, Christopher) (Entered: 11/03/2016)	Nov. 3, 2016	Nov. 3, 2016 RECAP
20	Notice of Declaration of David A. Pepper filed by Ohio Democratic Party. (Attachments: # 1 Exhibit A. Declaration of David A. Pepper)(Kaufman, Steven) (Entered: 11/03/2016) 1 View on RECAP	Nov. 3, 2016	Nov. 3, 2016 PACER
21	Declaration of Chad A. Readler, Esq. with Exhibits filed as part of the main document filed by Donald J. Trump for President, Inc.. (Readler, Chad) Modified text on 11/7/2016 (W,CM). (Entered: 11/03/2016)	Nov. 3, 2016	Nov. 3, 2016 PACER
22	Supplemental Notice of Service of Complaint; Summons filed by Ohio Democratic Party. (Attachments: # 1 Exhibit Proof of Service (Roger J. Stone, Jr.), # 2 Exhibit Proof of Service (Stop the Steal Inc.))Related document(s) 9 .(Smalls, Dawn) (Entered: 11/03/2016)	Nov. 3, 2016	Nov. 3, 2016 PACER
23	Opposition to 18 Motion to strike memorandum of law in support of temporary restraining order and/or preliminary injunction and/or Motion for Leave Instanter to File Memorandum in Excess of Page Limits filed by Ohio Democratic Party. (Kaufman, Steven) (Entered: 11/03/2016)	Nov. 3, 2016	Nov. 3, 2016 PACER
24	Response to 8 Motion for temporary restraining order filed by Donald J. Trump for President, Inc.. (Readler, Chad) (Entered: 11/04/2016)	Nov. 4, 2016	Nov. 4, 2016 Clearinghouse
25	Marginal Entry Order signed by Judge James S. Gwin on 11/4/16 denying defendant Ohio Republican Party's motion to strike plaintiff's memorandum of law in support of motion for temporary restraining order. (Related Doc. 18 ) (D,MA) (Entered: 11/04/2016)	Nov. 4, 2016	Nov. 4, 2016 PACER
26	Minutes of hearing on motion for temporary restraining order before Judge James S. Gwin on 11/4/16. (Related Doc. 8 ) (Court Reporter: S. Perkins; Time: 2 hrs. 37 min.) (Attachments: # 1 Exhibit 1, # 2 Exhibit 2) (D,MA) (Entered: 11/04/2016)	Nov. 4, 2016	Nov. 4, 2016 PACER
27	Opinion & Order signed by Judge James S. Gwin on 11/4/16. The Court grants plaintiff's motion for a temporary restraining order with respect to defendants Donald J. Trump for President, Inc., Roger J. Stone, Jr., and Stop the Steal Inc., as set forth in this order. The Court denies the request for temporary restraining order as against the Ohio Republican Party. The Court orders that this Order be publicized to law enforcement and elections officials in advance of Election Day. The Court further requires plaintiff to post a $1,000 bond. (Related doc. 8 ) (D,MA) (Entered: 11/04/2016)	Nov. 4, 2016	Nov. 4, 2016 Clearinghouse
	Financial Transaction in the amount of $1,000.00 received from Kaufman & Company. Receipt # 14660090459 Related document(s) 27 . (S,SR)	Nov. 4, 2016	Nov. 4, 2016 PACER
28	Notice of Posting Bond filed by Ohio Democratic Party. (Kaufman, Steven) (Entered: 11/04/2016)	Nov. 4, 2016	Nov. 4, 2016 PACER
29	NOTICE OF APPEAL to the Sixth Circuit Court of Appeals from the 27 Opinion and Order of 11/4/16, filed by Donald J. Trump for President, Inc.. (Filing fee $505 paid, receipt number 0647-7887185) (Readler, Chad). Modified text on 11/7/2016 (H,SP). (Entered: 11/04/2016)	Nov. 4, 2016	Nov. 4, 2016 Clearinghouse
30	Transcript of TRO held on November 4, 2016 before Judge James Gwin. To obtain a bound copy of this transcript please contact court reporter Shirle Perkins at 216-357-7106. [122 pages] Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties requesting that privacy information be redacted must file a notice of intent to redact with the court by 11/14/2016. Redaction Request due 11/28/2016. Redacted Transcript Deadline set for 12/7/2016. Release of Transcript Restriction set for 2/6/2017. (P,Sh) (Entered: 11/06/2016)	Nov. 6, 2016	Nov. 6, 2016 Clearinghouse
	Acknowledgment from the USCA for Sixth Circuit of receipt of 29 Notice of Appeal (USCA# 16-4268). Date filed in USCA 11/5/16. (H,SP)	Nov. 7, 2016	Nov. 7, 2016 PACER
31	Appeal Order from USCA for the Sixth Circuit: Granting the Motion for a stay of the District Court's Temporary Restraining Order re 29 Notice of Appeal (USCA# 16-4268). Circuit Judges: Batchelder, Rogers, and Griffin. Date issued by USCA 11/6/16 (H,SP) (Entered: 11/07/2016)	Nov. 7, 2016	Nov. 7, 2016 Clearinghouse
32	Appeal Order from USCA for the Sixth Circuit: Denying the petition for initial hearing en banc re 29 Notice of Appeal (USCA# 16-4268). Date issued by USCA 11/6/16 (H,SP) (Entered: 11/07/2016)	Nov. 7, 2016	Nov. 7, 2016 PACER
33	Motion to dismiss case filed by Plaintiff Ohio Democratic Party. (Attachments: # 1 Proposed Order)(Cooper, Charles) (Entered: 11/09/2016) 1 Proposed Order View on RECAP	Nov. 9, 2016	Nov. 9, 2016 Clearinghouse
34	Notice of Concurrence filed by Ohio Republican Party. (Ernst, Christopher) (Entered: 11/10/2016)	Nov. 10, 2016	Nov. 10, 2016 PACER
35	Marginal Entry Order signed by Judge James S. Gwin on 11/10/16 granting plaintiff's motion to dismiss without prejudice. (Related Doc. 33 ) (D,MA) (Entered: 11/10/2016)	Nov. 10, 2016	Nov. 10, 2016 Clearinghouse
36	True copy of order from the USCA for the Sixth Circuit: Granting the stipulation of the parties to voluntarily dismiss the appeal re 29 (USCA# 16-4268). Date issued by USCA 12/12/16 (H,SP) (Entered: 12/13/2016)	Dec. 13, 2016	Dec. 13, 2016 Clearinghouse
37	Unopposed Motion for bond release filed by Plaintiff Ohio Democratic Party. Related document(s) 27 . (Wallace, Benjamin) (Entered: 06/28/2017)	June 28, 2017	June 28, 2017 PACER
38	Marginal Entry Order signed by Judge James S. Gwin on 7/10/17 approving plaintiff's unopposed motion for release of bond. (Related Doc. 37 ) (D,MA) (Entered: 07/10/2017)	July 10, 2017	July 10, 2017 PACER
	Remark by Finance. Bond release in the amount of $1,000.00 refunded on 07/14/2017. (K,Ve)	July 18, 2017	July 18, 2017 PACER