Case: Parson v. Alcorn

VERIFIED COMPLAINT filed by Stephen A. Parson, Sr., Leon Benjamin and Bruce L. Waller, Sr. against James B. Alcorn, Singleton B. McAllister and Clara Belle Wheeler. (Filing Fee Paid: $400.00, Receipt Number: 44683006935). (Attachments: # 1 Civil Cover Sheet and # 2 Receipt). (walk, ). PLEASE NOTE: Attachment 1 REPLACED on 01/14/2016; document now includes counsel's signature. (walk, ). (Entered: 01/07/2016)

1 Civil Cover Sheet

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2 Receipt

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Motion by Stephen A. Parson, Sr., Leon Benjamin and Bruce L. Waller, Sr. for Temporary Restraining Order. (walk, ). Modified docket entry on 01/08/2016 and regenerated NEF re: 6 Order. (walk, ). (Entered: 01/07/2016)

Motion by Stephen A. Parson, Sr., Leon Benjamin and Bruce L. Waller, Sr. for Preliminary Injunction. (walk, ). Modified docket entry on 01/08/2016 and regenerated NEF re: 6 Order. (walk, ). (Entered: 01/07/2016)

Memorandum by Stephen A. Parson, Sr., Leon Benjamin and Bruce L. Waller, Sr. in Support of 2 Motion for Temporary Restraining Order and 3 Motion for Preliminary Injunction. (walk, ). Modified docket entry on 01/08/2016 and regenerated NEF re: 6 Order. (walk, ). (Entered: 01/07/2016)

Summonses Issued as to James B. Alcorn, Singleton B. McAllister and Clara Belle Wheeler; to be picked up by Courier One Logistics. (walk, ) (Entered: 01/08/2016)

ORDER that the time sensitive nature of the relief sought and the importance of the issue before the Court suggest that the Court seek to minimize ex parte proceedings if possible. Thus, the Court will allow both Plaintiffs and Defendants to present briefing or evidence, should they decide to do so, by ORDERING the following: 1. The Clerk's Office shall UNSEAL and make public the Injunctive Motions and the memorandum in support of the Injunctive Motions (ECF Nos. 2, 3, 4 ); 2. Not later than 12:00 p.m. (noon) on Monday, 01/11/2016, Defendants shall FILE their memoranda in response to the Injunctive Motions; 3. Not later than 12:00 p.m. (noon) on Tuesday, 01/12/2016, Plaintiffs shall FILE their reply memorandum in support of the Injunctive Motions; and, 4. On Wednesday, 01/13/2016, the Court shall HOLD a hearing on the Injunctive Motions. The hearing shall take place in Courtroom 6100, Spottswood W. Robinson, III and Robert R. Merhige, Jr. United States Courthouse, 701 East Broad Street, Richmond, Virginia, at 11 :00 a.m. (please see Order for additional information). It is so ORDERED. Signed by District Judge M. Hannah Lauck on 01/08/2016. (walk, ) (Entered: 01/08/2016)

MOTION for Joinder of Republican Party of Virginia by James B. Alcorn, Singleton B. McAllister, Clara Belle Wheeler. (Attachments: # 1 Proposed Order)(Pitchford, Jonathan) (Entered: 01/08/2016)

Memorandum in Support re 7 MOTION for Joinder of Republican Party of Virginia filed by James B. Alcorn, Singleton B. McAllister, Clara Belle Wheeler. (Pitchford, Jonathan) (Entered: 01/08/2016)

NOTICE of Appearance by Jonathan Duncan Pitchford on behalf of James B. Alcorn, Singleton B. McAllister, Clara Belle Wheeler (Pitchford, Jonathan) (Entered: 01/08/2016)

NOTICE of Appearance by Anna Tillie Birkenheier on behalf of James B. Alcorn, Singleton B. McAllister, Clara Belle Wheeler (Birkenheier, Anna) (Entered: 01/08/2016)

MEMORANDUM ORDER that the Clerk ADD the RPV as a Defendant. The Court ORDERS Defendants Alcorn, Wheeler, and McAllister, as the parties seeking joinder, to provide the RPV with all public documents filed in this case. The Court ALLOWS the RPV to file a response to the Injunctive Motions not later than 12:00 p.m. (noon) on Tuesday, 01/12/2016 and to appear at the hearing set on the matter for Wednesday, 01/13/2016 at 11:00 a.m. The Motion to Join inadvertently raises a related issue: whether the SBE as an entity constitutes a necessary party under Rule 19(a). As in the Court's analysis of the RPV's necessary joinder, the Court questions whether complete relief can be afforded through Defendants Alcorn, Wheeler, and McAllister in their official capacities or by these defendants and the SBE as an entity. Accordingly, in the interest of "the just, speedy, and inexpensive determination" of this action, Fed. R. Civ. P. 1, the Court ORDERS all parties to file position papers regarding whether the SBE would constitute a necessary party under Federal Rule of Civil Procedure 19(a) not later than 12:00 p.m. (noon) on Tuesday, 01/12/2016 (please see Memorandum Order for additional information). It is so ORDERED. Signed by District Judge M. Hannah Lauck on 01/11/2016. (walk, ). PLEASE NOTE: Main Document 11 REPLACED on 01/11/2016 (re: hearing date and time correction) and NEF regenerated to counsel of record. (walk, ). Corrected docket entry and regenerated NEF to counsel of record on 01/11/2016. (walk, ). (Entered: 01/11/2016)

MOTION to Dismiss for Failure to State a Claim and for Lack of Jurisdiction by James B. Alcorn, Singleton B. McAllister, Clara Belle Wheeler. (Attachments: # 1 Proposed Order Granting Motion to Dismiss). (Pitchford, Jonathan). Modified docket entry on 01/11/2016. (walk, ). (Entered: 01/11/2016)

Memorandum in Support re: 12 MOTION to Dismiss for Failure to State a Claim and for Lack of Jurisdiction filed by James B. Alcorn, Singleton B. McAllister, Clara Belle Wheeler. (Pitchford, Jonathan). Modified docket entry on 01/11/2016. (walk, ). (Entered: 01/11/2016)

Memorandum in Opposition re: 2 MOTION for Temporary Restraining Order and 3 MOTION for Preliminary Injunction filed by James B. Alcorn, Singleton B. McAllister, Clara Belle Wheeler. (Attachments: # 1 Exhibit Exhibit A (Board Documents), # 2 Exhibit Exhibit B (Board Minutes), # 3 Exhibit Exhibit C (Cortes Declaration), # 4 Exhibit Exhibit D (Smith Letter), # 5 Exhibit Exhibit E (News Article)). (Birkenheier, Anna). Modified docket entry on 01/11/2016. (walk, ). (Entered: 01/11/2016)

Memorandum Regarding Joinder re: 11 Order filed by James B. Alcorn, Singleton B. McAllister, Clara Belle Wheeler. (Pitchford, Jonathan). Modified docket entry on 01/11/2016. (walk, ). (Entered: 01/11/2016)

Reply in Support re: 2 MOTION for Temporary Restraining Order and 3 MOTION for Preliminary Injunction filed by Leon Benjamin, Stephen A. Parson, Sr., Bruce L. Waller, Sr. (Smith, Chester). Modified docket entry on 01/12/2016. (walk, ). (Entered: 01/12/2016)

Brief Regarding Whether The State Board of Elections is a Necessary Party filed by Leon Benjamin, Stephen A. Parson, Sr., Bruce L. Waller, Sr. (Smith, Chester). Modified docket entry on 01/12/2016. (walk, ). (Entered: 01/12/2016)

NOTICE of Appearance by Christopher Michael Marston on behalf of Republican Party of Virginia, Inc. (Marston, Christopher) (Entered: 01/12/2016)

NOTICE of Appearance by Jack Robert Wilson, III on behalf of Republican Party of Virginia, Inc. (Wilson, Jack) (Entered: 01/12/2016)

Brief in Opposition re: 12 MOTION to Dismiss for Failure to State a Claim and for Lack of Jurisdiction filed by Leon Benjamin, Stephen A. Parson, Sr, Bruce L. Waller, Sr. (Attachments: # 1 Proposed Order Plaintiffs' Proposed Order on Motion to Dismiss). (Smith, Chester). Modified docket entry on 01/13/2016. (walk, ). (Entered: 01/12/2016)

1 Proposed Order Plaintiffs' Proposed Order on Motion to Dismiss

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Minute Entry for proceedings held before District Judge M. Hannah Lauck: Appearances: Pltfs. with counsel, defts. by counsel. Motion Hearing held on 1/13/2016. Evidence adduced. Arguments heard. Motion for temporary restraining order, moot. Motion to dismiss, denied as to standing. Parties may submit supplemental positions. Court to issue written findings. (Court Reporter Diane Daffron, OCR.)(lcha) (Entered: 01/13/2016)

Supplemental Brief in Opposition to 3 Motion for Injunctive Relief re: 21 Hearing filed by James B. Alcorn, Singleton B. McAllister, Clara Belle Wheeler. (Pitchford, Jonathan). Modified docket entry on 01/14/2016. (walk, ). (Entered: 01/13/2016)

Supplemental Brief re: After 21 Hearing filed by Leon Benjamin, Stephen A. Parson, Sr, Bruce L. Waller, Sr. (Smith, Chester). Modified docket entry on 01/14/2016. (walk, ). (Entered: 01/13/2016)

Corrected Supplemental Brief re: After 21 Hearing filed by Leon Benjamin, Stephen A. Parson, Sr, Bruce L. Waller, Sr. (Attachments: # 1 Certificate of Service for Plaintiff's Corrected Supplemental Brief After 21 Hearing). (Smith, Chester). Modified docket entry on 01/14/2016. (walk, ). (Entered: 01/13/2016)

Brief in Support re: Plaintiff's 24 Corrected Supplemental Brief After 21 Hearing filed by Leon Benjamin, Stephen A. Parson, Sr, Bruce L. Waller, Sr. (Attachments: # 1 Certificate of Service for Plaintiff's Corrected Supplemental Brief After 21 Hearing). (Smith, Chester). Modified docket entry on 01/14/2016. (walk, ). (Entered: 01/13/2016)

1 Certificate of Service for Plaintiff's Corrected Supplemental Brief After

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Certificate of Service re: 20 Brief in Opposition re: 12 MOTION to Dismiss for Failure to State a Claim and for Lack of Jurisdiction filed by Leon Benjamin, Stephen A. Parson, Sr., Bruce L. Waller, Sr.. (Smith, Chester). Corrected docket entry on 01/14/2016. (walk, ). (Entered: 01/14/2016)

ORDER that for the reasons stated in the forthcoming Memorandum Opinion, this Court DENIES Plaintiffs' 3 Motion for a Preliminary Injunction (please see Order for additional information). A trial on the merits remains. The Court ORDERS the parties to contact the Court, jointly, to schedule further matters in this case no later than forty-eight (48) hours after the filing of the Memorandum Opinion. It is SO ORDERED. Signed by District Judge M. Hannah Lauck on 01/14/2016. (walk, ) PLEASE NOTE: Main Document 27 replaced on 01/14/2016 (includes corrected page 2) and NEF regenerated. (walk, ). (Entered: 01/14/2016)

Emergency Motion for Injunction Pending Appeal by Leon Benjamin, Stephen A. Parson, Sr, Bruce L. Waller, Sr. (Smith, Chester). Modified docket entry on 01/14/2016. (walk, ). (Entered: 01/14/2016)

Brief in Support re: 28 Emergency Motion for Injunction Pending Appeal filed by Leon Benjamin, Stephen A. Parson, Sr, Bruce L. Waller, Sr. (Smith, Chester). Modified docket entry on 01/14/2016. (walk, ). (Entered: 01/14/2016)

RESPONSE in Opposition re: 28 Emergency Motion for Injunction Pending Appeal filed by James B. Alcorn, Singleton B. McAllister, Clara Belle Wheeler. (Pitchford, Jonathan). Modified docket entry on 01/14/2016. (walk, ). (Entered: 01/14/2016)

NOTICE OF APPEAL by Leon Benjamin, Stephen A. Parson, Sr, Bruce L. Waller, Sr. Filing fee $ 505, receipt number 0422-4813160. (Smith, Chester) (Entered: 01/14/2016)

Transmission of Notice of Appeal to US Court of Appeals re 31 Notice of Appeal (All case opening forms, plus the transcript guidelines, may be obtained from the Fourth Circuit's website at www.ca4.uscourts.gov) (lbre, ) (Entered: 01/14/2016)

ORDER that for the reasons stated in the previous 27 January 14, 2016 Order and the forthcoming Memorandum Opinion, the Court DENIES Plaintiff's 28 Emergency Motion for an Injunction Pending Appeal pursuant to Federal Rule Civil Procedure 62(c). In any event, the United States Court of Appeals for the Fourth Circuit's denial of Plaintiffs' concurrent motion for injunction pending appeal likely renders this Emergency Motion moot (please see Order for additional information). It is SO ORDERED. Signed by District Judge M. Hannah Lauck on 01/14/2016. Copy transmitted electronically to the United States Court of Appeals for the Fourth Circuit Clerk's Office. (walk, ) (Entered: 01/14/2016)

ORDER of USCA as to 31 Notice of Appeal filed by Stephen A. Parson, Sr., Leon Benjamin, Bruce L. Waller, Sr. : Appellants emergency motion to a single judge for injunction pending appeal has been referred by the lead judge to the full panel for review. Upon consideration of the motion and the response in opposition, the court denies the motion for injunction pending appeal. (lbre, ) (Entered: 01/15/2016)

MEMORANDUM OPINION re: Plaintiffs Stephen A. Parson, Sr., Leon Benjamin, and Bruce L. Waller, Sr.'s 3 Motion for Preliminary Injunction. Signed by District Judge M. Hannah Lauck on 01/15/2016. (walk, )

Response to the Court's 27 Order filed by Leon Benjamin, Stephen A. Parson, Sr, Bruce L. Waller, Sr. (Smith, Chester). Modified docket entry on 01/21/2016. (walk, ). (Entered: 01/17/2016)

Response to the Court's 27 Order filed by James B. Alcorn, Singleton B. McAllister, Clara Belle Wheeler. (Birkenheier, Anna). Modified docket entry on 01/21/2016. (walk, ). (Entered: 01/20/2016)