Case: Project Vote, Inc. v. Kemp

Shayna Posses

COMPLAINT for Declaratory and Injunctive Relief filed by Project Vote, Inc. ( Filing fee $ 400 receipt number 113E-6554068.) (Attachments: # 1 Attachment 1 - J. Fence-Burke Declaration in Support of Complaint, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J, # 12 Exhibit K, # 13 Exhibit L, # 14 Exhibit M, # 15 Exhibit N, # 16 Exhibit O, # 17 Civil Cover Sheet, # 18 Summons)(ddm) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions which includes the Consent To Proceed Before U.S. Magistrate form. (Entered: 07/07/2016)

1 Attachment 1 - J. Fence-Burke Declaration in Support of Complaint

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2 Exhibit A

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3 Exhibit B

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4 Exhibit C

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5 Exhibit D

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6 Exhibit E

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7 Exhibit F

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8 Exhibit G

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9 Exhibit H

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10 Exhibit I

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11 Exhibit J

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12 Exhibit K

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13 Exhibit L

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14 Exhibit M

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15 Exhibit N

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16 Exhibit O

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17 Civil Cover Sheet

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18 Summons

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Certificate of Interested Persons and Corporate Disclosure Statement filed by Project Vote, Inc. (ddm) (Entered: 07/07/2016)

Electronic Summons Issued as to Brian Kemp. (ddm) (Entered: 07/07/2016)

Submission of 1 COMPLAINT for Declaratory and Injunctive Relief, submitted to District Judge William S. Duffey. (ddm)

APPLICATION for Admission of Michelle E. Kanter Cohen Pro Hac Vice (Application fee $ 150, receipt number 113E-6558823)by Project Vote, Inc.. (Cobb, James) (Entered: 07/08/2016)

PROPOSED SUMMONS filed by Project Vote, Inc. (Cobb, James) (Entered: 07/12/2016)

APPROVAL by Clerks Office re: 4 APPLICATION for Admission of Michelle E. Kanter Cohen Pro Hac Vice (Application fee $ 150, receipt number 113E-6558823). Attorney Michelle Kanter Cohen added appearing on behalf of Project Vote, Inc. (cdg)

ORDER (by docket entry only) granting Attorney Michelle E. Kanter's 4 Application for Admission Pro Hac Vice on behalf of Plaintiff Project Vote, Inc. Signed by Judge William S. Duffey, Jr on 7/12/2016. (bgt)

Summons Electronically Reissued as to Brian Kemp. (ddm) (Entered: 07/12/2016)

APPLICATION for Admission of Nicole Durkin Pro Hac Vice (Application fee $ 150, receipt number 113E-6566654)by Project Vote, Inc.. (Cobb, James) (Entered: 07/13/2016)

APPLICATION for Admission of Jonathan Ference-Burke Pro Hac Vice (Application fee $ 150, receipt number 113E-6566690)by Project Vote, Inc.. (Cobb, James) (Entered: 07/13/2016)

APPLICATION for Admission of John C. Ertman Pro Hac Vice (Application fee $ 150, receipt number 113E-6566717)by Project Vote, Inc.. (Cobb, James) (Entered: 07/13/2016)

APPLICATION for Admission of David A. Young Pro Hac Vice (Application fee $ 150, receipt number 113E-6566727)by Project Vote, Inc.. (Cobb, James) (Entered: 07/13/2016)

APPLICATION for Admission of David E. Rhinesmith Pro Hac Vice (Application fee $ 150, receipt number 113E-6566738)by Project Vote, Inc.. (Cobb, James) (Entered: 07/13/2016)

Emergency MOTION for Preliminary Injunction with Brief In Support by Project Vote, Inc.. (Attachments: # 1 Brief - Memorandum of Law in Support of Project Vote's Motion for Preliminary Injunction, # 2 Declaration of Brian W. Mellor, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D, # 7 Exhibit E, # 8 Exhibit F, # 9 Exhibit G, # 10 Exhibit H, # 11 Exhibit I, # 12 Exhibit J, # 13 Exhibit K, # 14 Exhibit L, # 15 Exhibit M, # 16 Exhibit N, # 17 Exhibit O, # 18 Text of Proposed Order)(Cobb, James) (Entered: 07/13/2016)

1 Brief - Memorandum of Law in Support of Project Vote's Motion for Prelimina

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2 Declaration of Brian W. Mellor

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3 Exhibit A

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4 Exhibit B

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5 Exhibit C

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6 Exhibit D

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7 Exhibit E

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8 Exhibit F

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9 Exhibit G

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10 Exhibit H

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11 Exhibit I

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12 Exhibit J

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13 Exhibit K

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14 Exhibit L

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15 Exhibit M

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16 Exhibit N

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17 Exhibit O

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18 Text of Proposed Order

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CERTIFICATE OF SERVICE Amended by Project Vote, Inc..(Cobb, James) (Entered: 07/14/2016)

ORDER (by docket entry only). IT IS HEREBY ORDERED that Defendant Brian Kemp shall respond, on or before noon on July 20, 2016, to Plaintiff Project Vote, Inc.'s argument that Plaintiff's Motion for Preliminary Injunction 12 should be treated as an emergency motion under Local Rule 7.2(B). Plaintiff's reply, if any, to the response shall be filed on or before 5:00 p.m. on July 21, 2016. Signed by Judge William S. Duffey, Jr on 7/15/2016. (bgt)

Clerks Certificate of Mailing as to Brian Kemp re 7/15/2016 Order (by docket entry only). Copy of Order sent via U.S. Mail to Brian Kemp, Georgia Secretary of State and Chief Election Official, 214 State Capitol, Atlanta, GA 30334, and via electronic mail to ccorreia@law.ga.gov. (bgt)

NOTICE of Appearance by Cristina Correia on behalf of Brian Kemp (Correia, Cristina) (Entered: 07/15/2016)

APPROVAL by Clerks Office re: 7 APPLICATION for Admission of Nicole Durkin Pro Hac Vice (Application fee $ 150, receipt number 113E-6566654). Attorney Nicole Durkin added appearing on behalf of Project Vote, Inc. (cdg)

APPROVAL by Clerks Office re: 11 APPLICATION for Admission of David E. Rhinesmith Pro Hac Vice (Application fee $ 150, receipt number 113E-6566738). Attorney David E. Rhinesmith added appearing on behalf of Project Vote, Inc. (cdg)

APPROVAL by Clerks Office re: 10 APPLICATION for Admission of David A. Young Pro Hac Vice (Application fee $ 150, receipt number 113E-6566727). Attorney David A. Young added appearing on behalf of Project Vote, Inc. (cdg)

ORDER (by docket entry only) granting Attorney Nicole Durkin's 7, Attorney David A. Young's 10, and Attorney David E. Rhinesmith's 11 Applications for Admission Pro Hac Vice on behalf of Plaintiff Project Vote, Inc. Signed by Judge William S. Duffey, Jr on 7/18/2016. (bgt)

RETURN of 9 APPLICATION for Admission of John C. Ertman Pro Hac Vice (Application fee $ 150, receipt number 113E-6566717) to attorney for correction re: petitioners business address. (cdg)

APPROVAL by Clerks Office re: 8 APPLICATION for Admission of Jonathan Ference-Burke Pro Hac Vice (Application fee $ 150, receipt number 113E-6566690). Attorney Jonathan R. Ference-Burke added appearing on behalf of Project Vote, Inc. (cdg)

STRICKEN PER ORDER (BY DOCKET ENTRY ONLY) OF 7/19/2016 ORDER (by docket entry only) granting Attorney John C. Ertman's 8 Application for Admission Pro Hac Vice on behalf of Project Vote, Inc. Signed by Judge William S. Duffey, Jr on 7/19/2016. (bgt) Modified on 7/19/2016 (bgt).

ORDER (by docket entry only). The Court GRANTS Attorney Jonathan Ference-Burke's 8 Application for Admission Pro Hac Vice on behalf of Project Vote, Inc. The Order (by docket entry only) of 7/19/2016 granting Attorney John C. Ertman's Application was filed in error and is STRICKEN. Signed by Judge William S. Duffey, Jr on 7/19/2016. (bgt)

RESPONSE in Opposition re 12 Emergency MOTION for Preliminary Injunction filed by Brian Kemp. (Attachments: # 1 Exhibit Declaration of S. Merritt Beaver, # 2 Exhibit Letter and attachment)(Correia, Cristina) Modified on 7/21/2016 to edit text (ddm). (Entered: 07/20/2016)

APPLICATION for Admission of John C. Ertman Pro Hac Vice by Project Vote, Inc.. (Cobb, James) (Entered: 07/20/2016)

APPROVAL by Clerks Office re: 16 APPLICATION for Admission of John C. Ertman Pro Hac Vice. Attorney John C. Ertman added appearing on behalf of Project Vote, Inc. (cdg)

ORDER (by docket entry only) granting Attorney John C. Ertman's 16 Application for Admission Pro Hac Vice on behalf of Project Vote, Inc. Signed by Judge William S. Duffey, Jr on 7/21/2016. (bgt)

REPLY BRIEF re 12 Emergency MOTION for Preliminary Injunction and Withdrawal of Request for Treatment as Emergency Motion filed by Project Vote, Inc.. (Cobb, James) (Entered: 07/21/2016)

RESPONSE in Opposition re 12 Emergency MOTION for Preliminary Injunction filed by Brian Kemp. (Attachments: # 1 Exhibit First Declaration of Merritt Beaver, # 2 Exhibit Second Declaration of Merritt Beaver)(Correia, Cristina) (Entered: 07/28/2016)

NOTICE by Brian Kemp re 18 Response in Opposition to Motion, Corrected Certificate of Service (Correia, Cristina) (Entered: 07/29/2016)

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM with Brief In Support by Brian Kemp. (Attachments: # 1 Brief)(Correia, Cristina) (Entered: 08/03/2016)

1 Brief

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MOTION to Stay Discovery Related Activities with Brief In Support by Brian Kemp. (Attachments: # 1 Text of Proposed Order)(Correia, Cristina) (Entered: 08/03/2016)

1 Text of Proposed Order

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ORDER (by docket entry only). So that the Court can consider whether a stay in this case is appropriate, Plaintiff should file its response to Defendant's Motion to Stay 21 on or before 5:00 p.m. on August 8, 2016. Signed by Judge William S. Duffey, Jr on 8/4/2016. (bgt)

RESPONSE in Opposition re 21 MOTION to Stay Discovery Related Activities filed by Project Vote, Inc.. (Cobb, James) (Entered: 08/08/2016)

REPLY to Response to Motion re 21 MOTION to Stay Discovery Related Activities filed by Brian Kemp. (Correia, Cristina) (Entered: 08/09/2016)

Submission of 21 MOTION to Stay Discovery Related Activities, submitted to District Judge William S. Duffey. (bgt)

Emergency MOTION for Discovery, Expedited with Brief In Support by Project Vote, Inc.. (Attachments: # 1 Text of Proposed Order)(Cobb, James) (Entered: 08/09/2016)

1 Text of Proposed Order

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ORDER. Plaintiff shall, on or before noon on August 11, 2016, provide the Court with the information required by this Order. After the information is provided, the Court will determine how the Expedited Discovery Motion will be further processed. Defendant is not required to file a response at this time. Signed by Judge William S. Duffey, Jr on 8/10/2016. (bgt) (Entered: 08/10/2016)

RESPONSE re 25 Order, to Provide Information re 24 Motion for Expedited Discovery filed by Project Vote, Inc.. (Attachments: # 1 Exhibit A)(Ference-Burke, Jonathan) (Entered: 08/11/2016)

NOTICE Of Filing Corrected Certificate of Service by Project Vote, Inc. re 26 Response (Non-Motion) (Attachments: # 1 Corrected Certificate of Service)(Ference-Burke, Jonathan) (Entered: 08/11/2016)

REPLY BRIEF re 12 Emergency MOTION for Preliminary Injunction filed by Project Vote, Inc.. (Cobb, James) (Entered: 08/11/2016)

ORDER. Plaintiff's Motion for Expedited Discovery 24 is GRANTED and Plaintiff shall file its Notice of Rule 30(b)(6) Deposition limited to the categories set out in this Order. Until otherwise required by this Court, the parties are not required to comply with Local Rules 16.1, 16.2 and 26.1. Defendant's Motion to Stay All Discovery Related Activities 21 is DENIED AS MOOT. Plaintiff may file, on or before August 29, 2016, a supplement to its Reply in Support of its Motion for Preliminary Injunction 28 . Signed by Judge William S. Duffey, Jr on 8/12/2016. (bgt) (Entered: 08/12/2016)

NOTICE of Appearance by Amy Michaelson Kelly on behalf of Project Vote, Inc. (Kelly, Amy) (Entered: 08/15/2016)

Submission of 12 Emergency MOTION for Preliminary Injunction, submitted to District Judge William S. Duffey. (ddm)

NOTICE Of Filing by Brian Kemp re 29 Order on Motion to Stay, Order on Motion for Discovery,,,, ELECTRONIC MEDIA (Heidt, Josiah) (Entered: 08/17/2016)

RESPONSE in Opposition re 20 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Project Vote, Inc.. (Cobb, James) (Entered: 08/22/2016)

REPLY BRIEF re 12 Emergency MOTION for Preliminary Injunction Supplemental Reply Brief filed by Project Vote, Inc.. (Attachments: # 1 Exhibit A -- Excerpts of 30(b)(6) Deposition)(Ference-Burke, Jonathan) (Entered: 08/29/2016)

DEPOSITION of S. Merritt Beaver (30(b)(6) Witness) taken on August 19, 2016 by Project Vote, Inc.. (Attachments: # 1 Exhibit 30(b)(6) Deposition with Exhibits)(Ference-Burke, Jonathan) (Entered: 08/29/2016)

NOTICE of TELECONFERENCE (by docket entry only): A Teleconference is set for 8/30/2016 at 2:30 PM before Judge William S. Duffey Jr. Call-in information has been sent to counsel via electronic mail. (bgt)

Minute Entry for proceedings held before Judge William S. Duffey, Jr: Telephone Conference held on 8/30/2016 regarding the processing of this case. The Court ORDERS that Defendant Brian Kemp shall file, on or before September 2, 2016, his reply brief to his 20 Motion to Dismiss. The parties have tentatively agreed that a hearing on Plaintiff's 12 Motion for Preliminary Injunction is not necessary unless requested by the Court. (Court Reporter Nicholas A. Marrone)(ddm) (Entered: 08/30/2016)

TRANSCRIPT of Proceedings held on 8/30/16 (Teleconf), before Judge William S. Duffey, Jr. Court Reporter/Transcriber Nicholas A. Marrone, Telephone number 404-215-1486. 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 9/21/2016. Redacted Transcript Deadline set for 10/3/2016. Release of Transcript Restriction set for 11/29/2016. (Attachments: # 1 Notice of Filing Transcript) (pjm) (Entered: 08/31/2016)

REPLY BRIEF re 20 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Brian Kemp. (Correia, Cristina) (Entered: 09/02/2016)

Submission of 20 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, submitted to District Judge William S. Duffey. (bgt)

OPINION AND ORDER. Defendant Brian Kemp's Motion to Dismiss 20 is DENIED. Plaintiff Project Vote, Inc.'s Motion for Preliminary Injunction 12 is GRANTED IN PART and DENIED IN PART. Plaintiffs Motion is GRANTED, and Defendant shall, on o r before October 7, 2016, disclose to Plaintiff the following records with respect to canceled, rejected, or pending applicants: (See Order.) The records disclosed must have redacted from them the following personalinformation: (See Order.) Plaintiff's Motion for Preliminary Injunction is DENIED with respect to the remainder of the Requested Records. Signed by Judge William S. Duffey, Jr on 9/20/2016. (bgt)

Consent MOTION for Extension of Time to File Answer by Brian Kemp. (Attachments: # 1 Text of Proposed Order)(Correia, Cristina) (Entered: 09/30/2016)

ORDER granting Defendant Brian Kemps Consent Motion for Extension of Time, on or before November 3, 2016, to File Answer to Plaintiffs Complaint 39 . Signed by Judge William S. Duffey, Jr on 10/3/16. (ddm) (Entered: 10/03/2016)

NOTICE to Court Regarding Disclosures by Brian Kemp re 38 Order. (Correia, Cristina) Modified on 10/4/2016 to edit docket text (ddm). (Entered: 10/04/2016)

Consent MOTION for Extension of Time to File Answer re 1 Complaint,, by Brian Kemp. (Attachments: # 1 Text of Proposed Order Proposed Order)(Correia, Cristina) (Entered: 11/02/2016)

ORDER granting 42 Defendant's Consent Motion for Extension of Time, through November 10, 2016, for Defendant to respond to 1 Plaintiff's Complaint. Signed by Judge William S. Duffey, Jr on 11/3/16. (ddm) (Entered: 11/03/2016)

Defendant's ANSWER to 1 COMPLAINT by Brian Kemp. Discovery ends on 4/10/2017.(Correia, Cristina) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. (Entered: 11/10/2016)

ORDER (by docket entry only). On August 12, 2016, the Court ordered that, "until otherwise required by this Court, the parties are not required to comply with Local Rules 16.1, 16.2 and 26.1." ( 29 at 8). Having since ruled 38 on Plaintiff's Motion for Preliminary Injunction 12 and Defendant's Motion to Dismiss 20, it is hereby ordered that, subject to the following time adjustments, compliance with all Local Rules is now required. The parties shall hold, on or before November 30, 2016, the conference required by Local Rule 16.1. The parties shall, on or before December 14, 2016, file the Joint Preliminary Report and Discovery Plan required by Local Rule 16.2 and make the initial disclosures required by Local Rule 26.1. Ordered by Judge William S. Duffey, Jr on 11/14/2016. (bgt)

Request for Leave of Absence for the following date(s): 11/28/2016-12/9/2016, 12/21/2016-1/3/2017, by James William Cobb. (Cobb, James) (Entered: 11/16/2016)

JOINT PRELIMINARY REPORT AND DISCOVERY PLAN filed by Project Vote, Inc.. (Cobb, James) (Entered: 12/14/2016)

ORDER. The parties' Joint Preliminary Report and Discovery Plan 46 is APPROVED. The time limits for adding parties, amending the pleadings, filing motions, completing discovery, and discussing settlement are as set out in the Federal Rules of Civil Procedure and the Local Rules of this Court. Defendant Brian Kemp's request to stay discovery ( 46 at 11) is DENIED WITHOUT PREJUDICE to re-file after Defendant files his motion to dismiss. Signed by Judge William S. Duffey, Jr on 12/16/2016. (bgt) (Entered: 12/16/2016)

CERTIFICATE OF SERVICE Defendant's Initial Disclosures by Brian Kemp.(Correia, Cristina) (Entered: 12/28/2016)

CERTIFICATE OF SERVICE of Plaintiff's Initial Disclosures by Project Vote, Inc..(Cobb, James) (Entered: 12/28/2016)

MOTION to Dismiss for Lack of Jurisdiction with Brief In Support by Brian Kemp. (Attachments: # 1 Brief Brief, # 2 Exhibit Declaration of S. Merritt Beaver, # 3 Exhibit Exhibit A to Declaration of S. Merritt Beaver)(Correia, Cristina) (Entered: 01/13/2017)

1 Brief Brief

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2 Exhibit Declaration of S. Merritt Beaver

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3 Exhibit Exhibit A to Declaration of S. Merritt Beaver

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Consent MOTION for Extension of Time to Respond to Defendant's Motion to Dismiss re: 50 MOTION to Dismiss for Lack of Jurisdiction by Project Vote, Inc.. (Attachments: # 1 Text of Proposed Order)(Cobb, James) (Entered: 01/18/2017)

Request for Leave of Absence for the following date(s): Feb. 13, 14, 15, 16, 17, by Cristina Correia. (Correia, Cristina) (Entered: 01/19/2017)

ORDER granting Plaintiff's 51 Motion for Extension of Time to 2/17/2017 in which to respond to Defendant's 50 Motion to Dismiss. Signed by Judge William S. Duffey, Jr on 1/20/2017. (bgt) (Entered: 01/20/2017)

Consent MOTION for Extension of Time re: 50 MOTION to Dismiss for Lack of Jurisdiction by Project Vote, Inc.. (Attachments: # 1 Text of Proposed Order)(Cobb, James) (Entered: 02/17/2017)

ORDER (by docket entry only) granting Plaintiff's 54 Motion for Extension of Time to 3/3/2017 in which to respond to Defendant's Motion to Dismiss 50 . Ordered by Judge William S. Duffey, Jr on 2/17/2017. (bgt)

Request for Leave of Absence for the following date(s): May 31, 2017 - June 9, 2017, by James William Cobb. (Cobb, James) (Entered: 03/01/2017)

RESPONSE in Opposition re 50 MOTION to Dismiss for Lack of Jurisdiction filed by Project Vote, Inc.. (Attachments: # 1 Exhibit 1 - Declaration of William Bishop, # 2 Exhibit A to the Declaration of William Bishop, # 3 Exhibit B to the Declaration of William Bishop, # 4 Exhibit C to the Declaration of William Bishop)(Cobb, James) (Entered: 03/03/2017)

NOTICE by Project Vote, Inc., Notice of Service of Plaintiff Project Vote Inc.s First Set of Requests for Production to Defendant Brian Kemp (Young, David) (Entered: 03/07/2017)

NOTICE by Project Vote, Inc., Notice of Service of Plaintiff Project Vote Inc.s Interrogatories to Defendant Brian Kemp (Young, David) (Entered: 03/07/2017)

Consent MOTION for Extension of Time to Complete Discovery by 30 Days by Brian Kemp. (Attachments: # 1 Text of Proposed Order)(Heidt, Josiah) (Entered: 03/10/2017)

Consent MOTION for Extension of Time File Reply re: 50 Motion to Dismiss by Brian Kemp. (Attachments: # 1 Text of Proposed Order)(Heidt, Josiah) Modified on 3/14/2017 to edit docket text (ddm). (Entered: 03/14/2017)

ORDER granting Defendants Consent Motion to Extend Discovery 59 . Discovery shall be completed on or before May 15, 2017. Signed by Judge William S. Duffey, Jr on 3/14/17. (ddm) (Entered: 03/14/2017)

ORDER granting Defendant's 60 Consent Motion for Extension of Time to 3/31/2017 in which to file his reply to his Motion to Dismiss 50 . Signed by Judge William S. Duffey, Jr on 3/15/2017. (bgt) (Entered: 03/15/2017)

Consent MOTION for Extension of Time File Reply re: 50 MOTION to Dismiss for Lack of Jurisdiction by Brian Kemp. (Attachments: # 1 Text of Proposed Order)(Heidt, Josiah) (Entered: 03/29/2017)

ORDER granting Defendants Second Consent Motion to Extend Time to File Reply to Defendants Motion to Dismiss 63 . Defendant shall file, on or before April 14, 2017, his reply to Defendants Motion to Dismiss 50 . No further extensions will be granted. Signed by Judge William S. Duffey, Jr on 3/31/17. (ddm) (Entered: 03/31/2017)

NOTICE of Settlement Joint Notice of Settlement in Principle by Brian Kemp (Heidt, Josiah) (Entered: 04/14/2017)

ORDER removing this case from the Court's calendar and directing the Clerk to close the case administratively with the right of any party to reopen the case if the settlement is not concluded. The parties are directed to file dismissal documents on or before June 2, 2017. Signed by Judge William S. Duffey, Jr on 4/17/17. (ddm) (Entered: 04/17/2017)

Civil Case Terminated. (ddm)

STIPULATION of Dismissal with Prejudice by Project Vote, Inc.. (Cobb, James) (Entered: 06/01/2017)

Clerk's Entry of Dismissal APPROVING 67 Stipulation of Dismissal With Prejudice pursuant to Fed.R.Civ.P.41(a)(1)(ii), with the Defendant to bear his own costs and attorneys fees. (ddm)