Case: Schintzius v. Showalter

Legal Defense Fund

NOTICE OF REMOVAL from Richmond Circuit Court, case number CL16-3875 (Filing fee: $400, receipt number: 34683034344) filed by J. Kirk Showalter, C. Starlet Stevens, and Cecila A. B. Dabney. (Attachments: # 1 Exhibit 1 - Part 1, # 2 Exhibit 1 - Part 2, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Civil Cover Sheet, # 7 Receipt) (jsmi, ) (Entered: 09/07/2016)

1 Exhibit 1 - Part 1

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2 Exhibit 1 - Part 2

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3 Exhibit 2

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4 Exhibit 3

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5 Exhibit 4

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6 Civil Cover Sheet

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7 Receipt

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ORDER that the Court DIRECTS the Clerk to CONSOLIDATE these cases for all purposes under Schintzius et al. v. Showalter et al., 3:16-cv-00741-JAG. The Court DIRECTS the Clerk to docket the plaintiffs' complaint, (3:16-cv-00740- JAG, Dk. Nos. 1-1, 1-2, 1-3, 1-4), in the consolidated case. Further, the Court DIRECTS the Clerk to docket the plaintiffs' motion for temporary injunction, (3:16-cv-00741-JAG, Dk. No. 1-1, 1-2), as a motion for temporary restraining order in the consolidated case. The parties should file all future pleadings under 3:16-cv-00741-JAG. The Court SETS the motion for temporary restraining order for a hearing on Monday, September 12, 2016, at 9:00 a.m. The Court DIRECTS the defendants to promptly deliver a copy of this Order to the attorney for the plaintiffs. The defendants shall also attempt to contact the attorney for the plaintiffs by telephone to alert him about the hearing. See Order for details. Signed by District Judge John A. Gibney, Jr. on 9/8/2016. (jsmi, ) (Entered: 09/08/2016)

Motion for Temporary Restraining Order Hearing set for 9/12/2016 at 09:00 AM in Richmond Courtroom 6000 before District Judge John A. Gibney Jr.. (lcha )

NOTICE of Appearance by Erica Brittany Mitchell on behalf of James Alcorn, Edgardo Cortes, Singleton B. McAllister, Clara Belle Wheeler (Mitchell, Erica) (Entered: 09/08/2016)

NOTICE of Appearance by Leslie A. Winneberger on behalf of Ophelia Daniels (Winneberger, Leslie) (Entered: 09/08/2016)

COMPLAINT filed in 3:16cv740 from City of Richmond Circuit Court against All Defendants by Alan Schintzius, Sharon Smith, Annquinnette Kenney, Chevis Warren, Antwanette Brown, Korvel Mabry, and Phillip Ricks. (Filed per Order 2 entered on 9/8/2016.) (Attachments: # 1 Complaint - Part 2, # 2 Complaint - Part 3, # 3 Complaint - Part 4) (jsmi, ) (Entered: 09/08/2016)

1 Complaint - Part 2

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2 Complaint - Part 3

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3 Complaint - Part 4

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MOTION for Temporary Restraining Order by Alan Schintzius, Antwanette Brown, Annquinnette Kenney, Korvel Mabry, Phillip Ricks, Sharon Smith, and Chevis Warren. (Attachments: # 1 Motion for Temporary Restraining Order - Part 2) (jsmi, ) (Entered: 09/08/2016)

1 Motion for Temporary Restraining Order - Part 2

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Minute Entry for proceedings held before District Judge John A. Gibney, Jr.: Conference Call held on 9/8/2016. (wtuc)

NOTICE of Appearance by Mark S. Paullin on behalf of Antwanette Brown (Paullin, Mark) (Entered: 09/09/2016)

First Motion to appear Pro Hac Vice by Paul Goldman and Certification of Local Counsel Mark S. Paullin Filing fee $ 75, receipt number 0422-5156385. by Antwanette Brown. (Paullin, Mark) (Entered: 09/09/2016)

NOTICE of Appearance by Mark S. Paullin on behalf of Alan Schintzius (Paullin, Mark) (Entered: 09/09/2016)

NOTICE of Appearance by Mark S. Paullin on behalf of Annquinnette Kenney (Paullin, Mark) (Entered: 09/09/2016)

NOTICE of Appearance by Mark S. Paullin on behalf of Korvel Mabry (Paullin, Mark) (Entered: 09/09/2016)

NOTICE of Appearance by Mark S. Paullin on behalf of Phillip Ricks (Paullin, Mark) (Entered: 09/09/2016)

NOTICE of Appearance by Mark S. Paullin on behalf of Sharon Smith (Paullin, Mark) (Entered: 09/09/2016)

NOTICE of Appearance by Mark S. Paullin on behalf of Chevis Warren (Paullin, Mark) (Entered: 09/09/2016)

Memorandum in Opposition re 6 MOTION for Temporary Restraining Order filed by James Alcorn, Edgardo Cortes, Singleton B. McAllister, Clara Belle Wheeler. (Attachments: # 1 Election Deadline Calendar)(Mitchell, Erica) (Entered: 09/09/2016)

1 Election Deadline Calendar

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Memorandum in Opposition re 6 MOTION for Temporary Restraining Order filed by Cecila A. B. Dabney, Ophelia Daniels, J. Kirk Showalter, C. Starlet Stevens. (Matheson, Michael) (Entered: 09/09/2016)

Declaration of Edgardo Cortes by James Alcorn, Edgardo Cortes, Singleton B. McAllister, Clara Belle Wheeler. (Attachments: # 1 Exhibit Candidacy Requirements Bulletin, # 2 Exhibit Election Deadline Calendar)(Mitchell, Erica) (Entered: 09/11/2016)

Declaration of Edgardo Cortes (Corrected with Certificate of Service) by James Alcorn, Edgardo Cortes, Singleton B. McAllister, Clara Belle Wheeler. (Attachments: # 1 Candidacy Requirements, # 2 Election Deadline Calendar)(Mitchell, Erica) (Entered: 09/11/2016)

ORDER granting 8 Motion for Pro hac vice Appointed Paul Goldman for Antwanette Brown,Paul Goldman for Annquinnette Kenney,Paul Goldman for Korvel Mabry,Paul Goldman for Phillip Ricks,Paul Goldman for Alan Schintzius,Paul Goldman for Sharon Smith,Paul Goldman for Chevis Warren. Signed by District Judge John A. Gibney, Jr. on 9/12/16. (wtuc) (Entered: 09/12/2016)

Minute Entry for proceedings held before District Judge John A. Gibney, Jr.: Motion Hearing held on 9/12/2016 re 6 MOTION for Temporary Restraining Order filed by Chevis Warren, Sharon Smith, Annquinnette Kenney, Phillip Ricks, Antwanette Brown, Korvel Mabry, Alan Schintzius; the motion is denied; a bench trial is set for Thursday, September 15, 2016 at 9:00 a.m. (Court Reporter G. Halasz, OCR.)(wtuc) (Entered: 09/12/2016)

Waiver of Potential Conflict of Interest by Alan Schintzius (wtuc) (Entered: 09/12/2016)

ORDER that the Court DENIES 6 Motion for Temporary Restraining Order. The Court SETS this case for trial without a jury on September 15, 2016, at 9:00 a.m. By September 12, 2016, at 5:00 p.m., the plaintiffs shall provide the defendants with a list of information needed to prepare for trial. The defendants must file any objections to disclosure of the requested information by September 13, 2016, at 12:00 p.m. Subject to the Court's ruling on any objections, the defendants must disclose all information by September 14, 2016, at 9:00 a.m. The defendants shall file answers to the plaintiffs' complaint by September 13, 2016, at 12:00 p.m. By September 14, 2016, at 2:00 p.m., counsel should submit authorization form requesting permission to bring any cellphones or other electronic devices into the Court. The Court DIRECTS the Clerk to docket the demurrer in 3:16cv00740, Dk. Nos. 1-5, and the special plea in laches in No. 3:16cv00740, Dk. Nos. 1-6, filed by some of the defendants in state court as motions to dismiss. See Order for additional details. Signed by District Judge John A. Gibney, Jr. on 9/12/2016. (jsmi, ) (Entered: 09/12/2016)

MOTION to Dismiss by Cecila A. B. Dabney, J. Kirk Showalter, and C. Starlet Stevens filed per 22 Order. (jsmi, ) (Entered: 09/12/2016)

MOTION to Dismiss by Cecila A. B. Dabney, J. Kirk Showalter, and C. Starlet Stevens filed per 22 Order. (jsmi, ) (Entered: 09/12/2016)

Reset Hearing: Bench Trial set for 9/15/2016 at 09:00 AM in Richmond Courtroom 6000 before District Judge John A. Gibney, Jr. (wtuc)

MOTION to Dismiss (Demurrer and Special Plea) by James Alcorn, Edgardo Cortes, Singleton B. McAllister, Clara Belle Wheeler. (Mitchell, Erica) (Entered: 09/12/2016)

ANSWER to 5 Complaint, by James Alcorn, Edgardo Cortes, Singleton B. McAllister, Clara Belle Wheeler.(Mitchell, Erica) (Entered: 09/13/2016)

Objection to Document Requests filed by Cecila A. B. Dabney, J. Kirk Showalter, C. Starlet Stevens. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Matheson, Michael) (Entered: 09/13/2016)

ANSWER to 5 Complaint, by Cecila A. B. Dabney, Ophelia Daniels, J. Kirk Showalter, C. Starlet Stevens.(Matheson, Michael) (Entered: 09/13/2016)

MOTION to Dismiss by Ophelia Daniels. (Etherington, William) (Entered: 09/13/2016)

ORDER re defendants' 27 Objection to plaintiffs' request for production of documents. The Court SUSTAINS the objection to Document Request No. 1. The defendants, however, shall produce the requested documents as to Phillip Ricks. The Court SUSTAINS the objection to Document Request No. 3 as immaterial and STRIKES this request. The Court SUSTAINS IN PART the objection to Document Request No. 12. The defendants shall produce any written policies of the State Board of Elections dealing with signatures. The policies will speak for themselves. Signed by District Judge John A. Gibney, Jr. on 9/13/2016. (jsmi, ) (Entered: 09/13/2016)

TRANSCRIPT of proceedings held on 09/12/2016, before Judge Hon. John A. Gibney, Jr., Court Reporter Gil Halasz, Telephone number 804 916-2248. NOTICE RE REDACTION OF TRANSCRIPTS:The parties have thirty(30) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.vaed.uscourts.gov 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 Redaction Request due 10/13/2016. Redacted Transcript Deadline set for 11/14/2016. Release of Transcript Restriction set for 12/12/2016.(halasz, gil) (Entered: 09/13/2016)

Minute Entry for proceedings held before District Judge John A. Gibney, Jr.: Bench Trial held on 9/15/2016; plaintiffs other than Mr. Schintzius dismissed with prejudice; Court found in favor of the defendants (Court Reporter G. Halasz, OCR.)(wtuc) (Entered: 09/15/2016)

CLERK'S JUDGMENT on behalf of the defendants; the case is dismissed. Entered on 9/15/16. (wtuc) (Entered: 09/15/2016)