Case: De La Fuente v. Ziriax

U.S. Court of Appeals for the Tenth Circuit

U.S. Court of Appeals for the Tenth Circuit

COMPLAINT against Oklahoma State Election Board, Paul Ziriax filed by Roque De La Fuente, Jill Stein, Maigan Underwood, Rachel C Jackson, Joni Alane Leviness. (Attachments: # 1 Civil Cover Sheet)(kr) (Main Document 1 replaced on 8/10/2016) (kr). (Entered: 08/10/2016)

1 Civil Cover Sheet

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Docket Annotation

Payment for a Civil Case

Docket Annotation: Document 1 was replaced because the pages were sideways. (kr)

PAYMENT FOR A CIVIL CASE Complaint Filing fee $ 400, receipt number 1087-2335687. (Linger, James)

ORDER re 1 Complaint filed by Jill Stein, Roque De La Fuente, Rachel C Jackson, Maigan Underwood, Joni Alane Leviness. The purpose of this order is to advise that no request for a preliminary injunction will be taken up by the court, and no hearing will be set, by virtue of the filing of the complaint alone. If plaintiffs intend to press a request for preliminary injunctive relief, plaintiffs are required to file a separate motion, along with a supporting brief, and to otherwise comply with Rule 65, Fed.R.Civ.P.. If plaintiffs seek a hearing on such a motion, that request shall also be set out in the motion. Upon review of any motion which may be filed, the court will establish procedures for hearing or otherwise determining the motion. Signed by Honorable Stephen P. Friot on 8/10/16. (kr) (Entered: 08/10/2016)

WAIVER OF SERVICE Returned Executed by Defendant Paul Ziriax. Paul Ziriax waiver sent on 8/10/2016, answer due 10/11/2016. (Linger, James) (Entered: 09/08/2016)

WAIVER OF SERVICE Returned Executed by Defendant Oklahoma State Election Board. Oklahoma State Election Board waiver sent on 8/10/2016, answer due 10/11/2016. (Linger, James) (Entered: 09/08/2016)

ENTRY of Appearance by M Daniel Weitman on behalf of Oklahoma State Election Board, Paul Ziriax (Weitman, M) (Entered: 10/07/2016)

MOTION to Dismiss and Brief in Support by Oklahoma State Election Board, Paul Ziriax. (Attachments: # 1 Exhibit 1 - Nader v Warder Order, # 2 Exhibit 2 - Natural Law Party v Henley Order, # 3 Exhibit 3 - Barr v Ziriax Order)(Weitman, M) (Entered: 10/07/2016)

1 Exhibit 1 - Nader v Warder Order

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2 Exhibit 2 - Natural Law Party v Henley Order

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3 Exhibit 3 - Barr v Ziriax Order

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RESPONSE in Opposition re 6 MOTION to Dismiss and Brief in Support filed by All Plaintiffs. (Attachments: # 1 Exhibit Plaintiffs' Exhibits 1, 2, and 3)(Linger, James) (Entered: 10/28/2016)

Notice from the Court

NOTICE from the Court re 7 Plaintiffs' Response and Memorandum Brief in Opposition to Defendants' Motion to Dismiss. Counsel for plaintiffs is DIRECTED, in future filings, to comply with the court's ECF Policies & Procedures Manual, Section II.A.4.a. - "Exhibits and attachments that are filed electronically shall be submitted as separate attachments to the document [each exhibit shall be a separate attachment].... A description [more than just the exhibit no.] of the numbered exhibit must be provided in the docket entry...." Failure to comply in the future may result in filings being stricken. (llg)

REPLY to Response to Motion re 6 MOTION to Dismiss and Brief in Support filed by Oklahoma State Election Board, Paul Ziriax. (Weitman, M) (Entered: 11/04/2016)

ORDER granting 6 Defendants' Motion to Dismiss. This action is DISMISSED, as follows: The Oklahoma State Election Board is DISMISSED based on its eleventh amendment immunity, which has been conceded by the plfs. As immunity is a jurisdictional issue, the Election Board is dismissed, w/o prejudice, under Rule 12(b)(1), Fed. R. Civ. P. The remaining dft, Paul Ziriax, Secretary of the Oklahoma State Election Board, is DISMISSED from this action, w/prejudice, because the complaint fails to state a claim upon which relief may be granted. Rule 12(b)(6), Fed. R. Civ. P. Signed by Honorable Stephen P. Friot on 12/13/2016. (llg) (Main Document 9 replaced on 12/13/2016) (llg). (Entered: 12/13/2016)

JUDGMENT. Signed by Honorable Stephen P. Friot on 12/13/2016. (llg) (Entered: 12/13/2016)

NOTICE OF APPEAL as to 10 Judgment, 9 Order on Motion to Dismiss,, by All Plaintiffs. Filing fee $ 505, receipt number 1087-2421855. (Linger, James) (Entered: 01/12/2017)

PRELIMINARY RECORD LETTER - Electronic Transmission of Notice of Appeal with Preliminary Record sent to Tenth Circuit Court of Appeals re 11 Notice of Appeal (kr) (Entered: 01/13/2017)

Tenth Circuit Court of Appeals s USCA Case Number 17-6010 for 11 Notice of Appeal filed by Jill Stein, Roque De La Fuente, Rachel C Jackson, Maigan Underwood, Joni Alane Leviness. (kr) Modified on 1/13/2017 (kr). (Entered: 01/13/2017)

TRANSCRIPT Order Form by All Plaintiffs re 11 Notice of Appeal that transcripts are not necessary. See order form for dates and proceedings. (Linger, James) (Entered: 01/26/2017)

TRANSCRIPT LETTER advising Tenth Circuit Court of Appeals re 11 Notice of Appeal filed by Jill Stein, Roque De La Fuente, Rachel C Jackson, Maigan Underwood, Joni Alane Leviness. The record is ready for appeal purposes. (kr) (Entered: 01/27/2017)

ORDER of USCA as to 11 Notice of Appeal filed by Jill Stein, Roque De La Fuente, Rachel C Jackson, Maigan Underwood, Joni Alane Leviness. Upon consideration of the stipulation of the parties to voluntarily dismiss the captioned appeal, this appeal is dismissed. See Fed. R. App. P. 42(b). Each party will bear their own costs on appeal. A copy of this order will stand as the mandate of the court. (kr) (Entered: 05/10/2017)

USCA MANDATE Issued re 11 Notice of Appeal filed by Jill Stein, Roque De La Fuente, Rachel C Jackson, Maigan Underwood, Joni Alane Leviness. Please be advised that the court issued an order today dismissing this case.In addition, please be advised that the mandate for this case has issued today. The clerk of the originating court shall file it accordingly. (kr) (Entered: 05/10/2017)