Case: Schweikert v. Herring

VERIFIED CLASS ACTION COMPLAINT FOR EMERGENCY INJUNCTIVE AND DECLARATORY RELIEF against James B. Alcorn, Edgardo Cortez, Mark R. Herring, Singleton McAllister, Clara Belle Wheeler (Filing & Administrative fee $ 400; receipt no. 300003069.), filed by Roger Schweikert. 70 Day Notice due by 12/13/2016 90 Day Service due by 1/3/2017 (Attachments: # 1 Exhibit A-Letter to Justices of Virginia Supreme Court dated July 19, 2016, # 2 Exhibit B-Commonwealth of Virginia State Board of Elections; President and Vice President, including Districts, # 3 Exhibit C-Commonwealth of Virginia State Board of Elections; President and Vice President, including Districts with hand written numbers, # 4 Exhibit D-Copy of text of Constitution for the United States of America; second paragraph of Article I. Section. 3, # 5 Exhibit E-The meaning of the Seventeenth Amendment and a century of state defiance, # 6 Exhibit F-Federalist No.68, the Mode of Electing the President from the New York State Packet, # 7 Exhibit G-College of William & Mary Law School Scholarship Repository, Faculty Publications, # 8 Exhibit H-Copy of Motion for Leave to File Complaint; Supreme Court of the United States, State of Delaware v State of New York, # 9 Exhibit I-Copy of Title and Signature pages, Correll Verified Class Action Complaint, # 10 Exhibit J-Verified Class Action Complaint for Emergency Injunctive and Declatory Relief Index, # 11 Civil Cover Sheet)(mab) Modified on 10/4/2016-text (mab).

1 Exhibit A-Letter to Justices of Virginia Supreme Court dated July 19, 2016

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2 Exhibit B-Commonwealth of Virginia State Board of Elections; President and Vice

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3 Exhibit C-Commonwealth of Virginia State Board of Elections; President and Vice

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4 Exhibit D-Copy of text of Constitution for the United States of America; second

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5 Exhibit E-The meaning of the Seventeenth Amendment and a century of state defian

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6 Exhibit F-Federalist No.68, the Mode of Electing the President from the New York

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7 Exhibit G-College of William & Mary Law School Scholarship Repository, Faculty P

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8 Exhibit H-Copy of Motion for Leave to File Complaint; Supreme Court of the Unite

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9 Exhibit I-Copy of Title and Signature pages, Correll Verified Class Action Compl

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10 Exhibit J-Verified Class Action Complaint for Emergency Injunctive and Declatory

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11 Civil Cover Sheet

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Summons Issued as to Mark R. Herring.(mab)

Summons Issued as to James B. Alcorn.(mab)

Summons Issued as to Clara Belle Wheeler.(mab)

Summons Issued as to Singleton McAllister.(mab)

Summons Issued as to Edgardo Cortez.(mab)

NOTICE of Appearance by Anna Tillie Birkenheier on behalf of All Defendants (Birkenheier, Anna)

NOTICE of Appearance by Joshua David Heslinga on behalf of All Defendants (Heslinga, Joshua)

SUMMONS Returned Executed by Roger Schweikert. Edgardo Cortez served on 10/5/2016, answer due 10/26/2016.(mab)

SUMMONS Returned Executed by Roger Schweikert. Singleton McAllister served on 10/5/2016, answer due 10/26/2016.(mab)

SUMMONS Returned Executed by Roger Schweikert. Mark R. Herring served on 10/5/2016, answer due 10/26/2016.(mab)

SUMMONS Returned Executed by Roger Schweikert. James B. Alcorn served on 10/5/2016, answer due 10/26/2016.(mab)

Letter to Court and Attorney General Herring, State Board of Election Members: Alcorn, Wheeler & McAllister, and Department of Elections Commissioner Cortes with attachment by Roger Schweikert, dated Friday, October 7, 2016 (mab)

Summons Returned Unexecuted by Roger Schweikert as to Clara Belle Wheeler.(mab)

ORDER TRANSFERRING CASE. Case transferred to Judge Norman K. Moon for all further proceedings. District Judge Glen E. Conrad no longer assigned to case due to timing & trial conflicts. Signed by District Judge Glen E. Conrad on 10/13/2016. (ssm)

Letter by Roger Schweikert (ssm)

ORDER regarding Plaintiffs' Verified Class Action Complaint 1 for Emergency and Declaratory Relief filed by Roger Schweikert. Court denies without prejudice Plaintiff's request for a preliminary injunction or a temporary restraining order as more fully set forth in said order.. Signed by Judge Norman K. Moon on 10/18/16. (hnw)

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, MOTION to Dismiss for Lack of Jurisdiction by James B. Alcorn, Edgardo Cortez, Mark R. Herring, Singleton McAllister, Clara Belle Wheeler. (Birkenheier, Anna)

Brief / Memorandum in Support re 18 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction . filed by James B. Alcorn, Edgardo Cortez, Mark R. Herring, Singleton McAllister, Clara Belle Wheeler. (Attachments: # 1 Exhibit a-1799-1800 Va. Acts 3-4)(Birkenheier, Anna)

1 Exhibit a-1799-1800 Va. Acts 3-4

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Roseboro Notice re 18 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction Deadline set for 11/21/2016. (jcj)

PRETRIAL ORDER. CASE REFERRED to Magistrate Judge Joel C. Hoppe. Signed by Judge Norman K. Moon on 10/31/16. (jcj)

Emergency MOTION/Petition for rehearing motion for order for injunctive and declaratory relief by Roger Schweikert.Motions referred to Judge Joel C. Hoppe. (mab)

ORDER denying 22 Plaintiff's emergency petition for rehearing motion for order for injunctive and declaratory relief. Signed by Judge Norman K. Moon on 11/1/16. (jcj)

MOTION for Recusal; to recuse Senior Judge Norman K Moon by Roger Schweikert. (mab) (Entered: 11/08/2016)

ORDER denying 24 Motion for Recusal and motion to amend the previous judgment 23 .. Signed by Judge Norman K. Moon on 11/14/16. (jcj)

REPORT of Rule 26(f) Planning Meeting (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Heslinga, Joshua)

Joint Discovery Plan and Proposed Scheduling as to Plaintiff Roger Schweikert (jcj)

Notice of Cancellation of December 13, 2016 Motion Hearing (Cancel Court Reporter) (hnw)

MEMORANDUM OPINION. Signed by Judge Norman K. Moon on 12/2/2016. (mab)

ORDER granting 18 Motion to Dismiss; dismissing case with prejudice and striking from the active docket of the court. Signed by Judge Norman K. Moon on 12/2/2016. (mab)

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