Case: Graeff v. United States Election Assistance Commission

Graeff v. United State Election Assistance Commission

Graeff v. United State Election Assistance Commission

Graeff v. United State Election Assistance Commission

Graeff v. United State Election Assistance Commission

Graeff v. United State Election Assistance Commission

COMPLAINT against defendant All Defendants, Non-Jury Demand,, filed by Alison Graeff. (Attachments: # 1 Original Filing Form, # 2 Civil Cover Sheet, # 3 Index of Authorites and Exhibits, # 4 Summons Hicks, # 5 Summons Ashcroft, # 6 Summons Fleming, # 7 Summons Garland, # 8 Summons Hovland, # 9 Summons McCormic, # 10 Summons Palmer)(JDC) (Entered: 06/28/2022)

1 Original Filing Form

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2 Civil Cover Sheet

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3 Index of Authorites and Exhibits

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4 Summons Hicks

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5 Summons Ashcroft

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6 Summons Fleming

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7 Summons Garland

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8 Summons Hovland

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9 Summons McCormic

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10 Summons Palmer

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NOTICE OF PROCESS SERVER by Plaintiff Alison Graeff Process Server: Cole County Sheriff (JDC) (Entered: 06/28/2022)

MOTION for Temporary Restraining Order by Plaintiff Alison Graeff. (JDC) (Entered: 06/28/2022)

Notice Requesting Hearing on Motion For Temporary Restraining Order by Plaintiff Alison Graeff re 3 MOTION for Temporary Restraining Order (JDC) (Entered: 06/28/2022)

Case Opening Notification

Complaint Letter Created

Complaint Letter Processed

Receipt

Case Opening Notification. Judge Assigned: Honorable Sarah E. Pitlyk. 7 Summons(es) issued and hand delivered to Plaintiff Allison Graeff. (JDC)

***Complaint Letter Created. This is to advise you that this office has received and filed your complaint and has assigned it the above-referenced case number. (JDC)

***Complaint Letter Processed (see notice of electronic filing for distribution list) Tue Jun 28 17:02:14 CDT 2022 (admin,)

Receipt 4644100793 in the amount of $402.00 for CIVIL FILING FEE on behalf of Alison Graeff (CCAM)

Complaint Letter Created (Case Opening Event ONLY)

Complaint Letter Processed (Case Opening Event ONLY)

Receipt

SUPPLEMENTAL/Submission of Evidentiary Documents re 1 Complaint, by Plaintiff Alison Graeff. (ANP) (Entered: 06/30/2022)

MEMORANDUM AND ORDER...IT IS HEREBY ORDERED that Plaintiff's Motion for Temporary Restraining Order, Doc. 3, is DENIED. IT IS FURTHER ORDERED that Plaintiff may file a motion for preliminary injunction only after all Defendants have been properly served. Signed by District Judge Sarah E. Pitlyk on 6/30/2022. (NEP) (Entered: 06/30/2022)

Order Receipt

ORDER RECEIPT: (see receipt) Docket No: 6. Thu Jun 30 17:58:12 CDT 2022 (Phillips, Nicole)

MOTION for Leave to File First Amended Petition by Plaintiff Alison Graeff. (Attachments: # 1 Attachment Proposed Amended Petition)(ANP) (Entered: 07/14/2022)

MOTION for Preliminary Injunction and Memorandum in Support of Their Motion For Preliminary Injunction by Plaintiff Alison Graeff. (Attachments: # 1 Exhibit A-K, # 2 Exhibit L-T, # 3 Exhibit U-W, # 4 Exhibit X)(ANP) (Entered: 07/14/2022)

1 Exhibit A-K

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2 Exhibit L-T

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3 Exhibit U-W

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4 Exhibit X

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SUMMONS Returned Executed filed by Alison Graeff. Thomas Hicks served on 7/1/2022, answer due 7/22/2022. (ANP) (Entered: 07/14/2022)

SUMMONS Returned Executed filed by Alison Graeff. Christy McCormick served on 7/1/2022, answer due 7/22/2022. (ANP) (Entered: 07/14/2022)

SUMMONS Returned Executed filed by Alison Graeff. Benjamin W. Hovland served on 7/1/2022, answer due 7/22/2022. (ANP) (Entered: 07/14/2022)

SUMMONS Returned Executed filed by Alison Graeff. Donald L. Palmer served on 7/1/2022, answer due 7/22/2022. (ANP) (Entered: 07/14/2022)

SUMMONS Returned Executed filed by Alison Graeff. John J. Ashcroft served on 7/1/2022, answer due 7/22/2022. (ANP) (Entered: 07/14/2022)

SUMMONS Returned Executed filed by Alison Graeff. Defendant United States Election Assistance Commission served on 6/29/2022, answer due 8/29/2022. (ANP) (Entered: 07/14/2022)

ORDER OF RECUSAL: Accordingly, the Clerk of the Court shall draw the name of a District Judge for assignment of this case. Signed by District Judge Sarah E. Pitlyk on 07/15/2022. (ANP) (Entered: 07/15/2022)

REASSIGNMENT ORDER (GJL). District Judge Sarah E. Pitlyk no longer assigned to case. Case reassigned to District Judge Ronnie L. White for all further proceedings. (KXS) (Entered: 07/15/2022)

Order Receipt

ORDER RECEIPT: (see receipt) Docket No: 15. Fri Jul 15 15:14:45 CDT 2022 (Petri, Alexis)

ORDER RECEIPT: (see receipt) Docket No: 16. Fri Jul 15 15:27:19 CDT 2022 (Spurgeon, Katherine)

ORDER: IT IS HEREBY ORDERED that Plaintiff's Motion for Leave to Amend Complaint (ECF No. 7 ) is DENIED as moot. Plaintiff shall file a clean, final copy of her First Amended Complaint, with any exhibits, no later than July 25, 2022. (Response to Court due by 7/25/2022.) Signed by District Judge Ronnie L. White on 7/18/2022. (TMT) (Entered: 07/18/2022)

Order Receipt

ORDER RECEIPT: (see receipt) Docket No: 17. Mon Jul 18 13:39:20 CDT 2022 (Tillman, Tiffani)

ENTRY of Appearance by Antonia Konkoly for Defendants Thomas Hicks, Benjamin W. Hovland, Christy McCormick, Donald L. Palmer, United States Election Assistance Commission. (Konkoly, Antonia) (Entered: 07/19/2022)

MOTION for Leave to File a Consolidated Response to Plaintiff's First Amended Complaint and Opposition to Her Motion for a Preliminary Injunction by Defendants Thomas Hicks, Benjamin W. Hovland, Christy McCormick, Donald L. Palmer, United States Election Assistance Commission. (Attachments: # 1 Text of Proposed Order Proposed Order)(Konkoly, Antonia) (Entered: 07/19/2022)

ENTRY of Appearance by Catherine Dierker for Defendant John J. Ashcroft. (Dierker, Catherine) (Entered: 07/21/2022)

MOTION for Extension of: Time to File Responsive Pleading by Defendant John J. Ashcroft. (Dierker, Catherine) (Entered: 07/21/2022)

MOTION for Extension of: Time to Respond to Plaintiff's Motion for Preliminary Injunction by Defendant John J. Ashcroft. (Dierker, Catherine) (Entered: 07/22/2022)

AMENDED COMPLAINT against All Defendants; Amendment to 1 Complaint filed by Alison Graeff. (Attachments: # 1 Civil Cover Sheet)(KXS) (Additional attachment(s) added on 7/25/2022: # 2 Exhibits 1-11, # 3 Exhibits 12-22, # 4 Exhibit 23, # 5 Exhibit 24) (KXS). (Entered: 07/22/2022)

1 Civil Cover Sheet

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2 Exhibits 1-11

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3 Exhibits 12-22

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4 Exhibit 23

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5 Exhibit 24

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EXHIBITS 1-11 to Amended Complaint 23 by Plaintiff Alison Graeff. (KXS) (Plaintiff resent the exhibits in a smaller format; therefore, all exhibits have been attached to the Amended Complaint 23 and the documents attached this entry have been deleted) Modified on 7/25/2022 (KXS). (Entered: 07/22/2022)

EXHIBITS 12-22 to Amended Complaint 23 by Plaintiff Alison Graeff. (KXS) (Plaintiff resent the exhibits in a smaller format; therefore, all exhibits have been attached to the Amended Complaint 23 and the documents attached this entry have been deleted) Modified on 7/25/2022 (KXS). (Entered: 07/22/2022)

RESPONSE in Opposition re 21 MOTION for Extension of Time to File Responsive Pleading filed by Plaintiff Alison Graeff. (KXS) (Entered: 07/28/2022)

ORDER: IT IS HEREBY ORDERED that Federal Defendants' Motion for Leave to File a Consolidated Response to Plaintiff's First Amended Complaint and Opposition to her Motion for Preliminary Injunction (ECF No. 19 ), Defendant Ashcroft's Motion to Extend Time to File Responsive Pleading (ECF No. 21 ), and Defendant Ashcroft's Motion to Extend Time Allowed to Respond to Plaintiff's Motion for Preliminary Injunction (ECF No. 22 ) are GRANTED, in part. Defendants shall respond to Plaintiff's First Amended Complaint and Motion for Preliminary Injunction no later than August 12, 2022. Signed by District Judge Ronnie L. White on July 29, 2022. (BRP) (Entered: 07/29/2022)

Order Receipt

ORDER RECEIPT: (see receipt) Docket No: 27. Sent to non-electronic party this date. Fri Jul 29 14:57:09 CDT 2022 (Porter, Brittany)

MOTION for Leave to File in Excess of Page Limitation by Defendants Thomas Hicks, Benjamin W. Hovland, Christy McCormick, Donald L. Palmer, United States Election Assistance Commission. (Attachments: # 1 Text of Proposed Order)(Konkoly, Antonia) (Entered: 08/08/2022)

Docket Text ORDER: IT IS HEREBY ORDERED that Federal Defendants' Motion for Leave to File a Consolidated Brief of Up to 30 Pages (ECF No. 28) is DENIED without prejudice because the proposed overlength memorandum was not attached to the motion for leave, as required by the Courts CM/ECF Procedures Manual, Section II.B. The Court will not grant leave to file an overlength memorandum until it has reviewed the document. Federal Defendants may refile their motion for leave with the proposed overlength memorandum submitted as an attachment thereto. Signed by District Judge Ronnie L. White on 8/8/22. (JEB) (Entered: 08/08/2022)

A Docket Text Order

MOTION for Leave to File in Excess of Page Limitation by Defendants Thomas Hicks, Benjamin W. Hovland, Christy McCormick, Donald L. Palmer, United States Election Assistance Commission. (Attachments: # 1 Federal Defendants' Combined Memorandum in Opposition to Plaintiff's Motion for a Preliminary Injunction and In Support of the Federal Defendants' Motion To Dismiss, # 2 b.Declaration of Mark A. Robbins and accompanying Exhibits A through I)(Konkoly, Antonia) (Entered: 08/12/2022)

MOTION to Dismiss for Lack of Jurisdiction by Defendants Thomas Hicks, Benjamin W. Hovland, Christy McCormick, Donald L. Palmer, United States Election Assistance Commission. (Konkoly, Antonia) (Entered: 08/12/2022)

MOTION to Dismiss Case by Defendant John J. Ashcroft. (Dierker, Catherine) (Entered: 08/12/2022)

MEMORANDUM in Support of Motion re 32 MOTION to Dismiss Case and Opposing Plaintiff's Motion for Preliminary Injunction filed by Defendant John J. Ashcroft. (Dierker, Catherine) (Entered: 08/12/2022)

Docket Text ORDER: IT IS HEREBY ORDERED that Federal Defendants' Motion for Leave to File a Consolidated Brief of up to 30 Pages (ECF No. 30) is GRANTED. The Clerk of the Court shall detach and docket the Federal Defendants' Combined Memorandum in Opposition to Plaintiff's Motion for Preliminary Injunction and in Support of Federal Defendants' Motion to Dismiss for Lack of Subject Matter Jurisdiction (ECF No. 30-1), which was submitted as an attachment to the Motion for Leave. Signed by District Judge Ronnie L. White on 8/12/22. (JEB) (Entered: 08/12/2022)

MEMORANDUM IN OPPOSITION TO PLAINTIFFS MOTION FOR A PRELIMINARY INJUNCTION 8 AND IN SUPPORT OF FEDERAL DEFENDANTS' MOTION TO DISMISS FOR LACK OF SUBJECT MATTER JURISDICTION 31 by Defendants Thomas Hicks, Benjamin W. Hovland, Christy McCormick, Donald L. Palmer, United States Election Assistance Commission. (Attachments: # 1 Declaration of Mark A. Robbins)(TMT) (Entered: 08/12/2022)

1 Attachment Declaration of Mark A. Robbins

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Order Receipt

ORDER RECEIPT: (see receipt) Docket No: 34. Fri Aug 12 15:54:12 CDT 2022 (Tillman, Tiffani)

A Docket Text Order

MOTION for Extension of Time to File Response/Reply as to 31 MOTION to Dismiss for Lack of Jurisdiction, 32 MOTION to Dismiss Case by Plaintiff Alison Graeff. (BRP) (Entered: 08/30/2022)

Docket Text ORDER: IT IS HEREBY ORDERED that Plaintiff's Motion for Leave for Enlargement of Time to Reply to Defendant Ashcroft's and Federal Defendants' Motions to Dismiss Plaintiff's First Amended Petition and Preliminary Injunction (ECF No. 36) is GRANTED. Plaintiff shall file her oppositions to Defendant Ashcroft's and Federal Defendants' Motions to Dismiss no later than September 9, 2022. IT IS FURTHER ORDERED that Plaintiff shal familiarize herself with the deadlines under the Federal Rules of Civil Procedure and this Court's Local Rules, including E.D.Mo. L.R. 4.01, which provides the deadlines for motion practice. Signed by District Judge Ronnie L. White on 8/30/22. (JEB) (Entered: 08/30/2022)

A Docket Text Order

Entry of Appearance: by Defendant John J. Ashcroft (Osete, Jesus) Modified on 9/1/2022 (KCD). (Entered: 08/31/2022)

MOTION for Leave to Withdraw by Defendant John J. Ashcroft. (Dierker, Catherine) (Entered: 08/31/2022)

ORDER RECEIPT: (see receipt) Docket No: 27. Wed Aug 31 10:46:25 CDT 2022 (Davis, Kinica)

Order Receipt

ORDER RECEIPT: (see receipt) Docket No: 37. Order sent to party not electronically notified this date. Wed Aug 31 12:21:16 CDT 2022 (Long, Carol)

Docket Text ORDER: IT IS HEREBY ORDERED that Catherine Dierker's Motion for Leave to Withdraw (ECF No. 39) is GRANTED. Signed by District Judge Ronnie L. White on 9/1/22. (JEB) (Entered: 09/01/2022)

A Docket Text Order

RESPONSE to Motion re 32 MOTION to Dismiss Case filed by Plaintiff Alison Graeff. (TMT) (Entered: 09/12/2022)

MOTION for Leave for Extended Time to File Response to Federal Defendants' Motion to Dismiss Plaintiff's Amended Petition and Preliminary Injunction by Plaintiff Alison Graeff. (TMT) (Main Document 42 replaced on 9/12/2022) (TMT). (Entered: 09/12/2022)

MOTION for Leave for Plaintiff to File an Excess of the 15 Page Limitation in Response to Federal Defendants' Motion to Dismiss Plaintiff's Amended Petition and Preliminary Injunction by Plaintiff Alison Graeff. (Attachments: # 1 Attachment Response to Motion to Dismiss, # 2 Attachment Declaration of Shawn Smith)(TMT) (Entered: 09/12/2022)

Docket Text ORDER: IT IS HEREBY ORDERED that Plaintiff's Motion for Leave for Extended Time to File Response to Federal Defendants' Motion to Dismiss Plaintiff's Amended Petition and Preliminary Injunction (ECF No. 42) is GRANTED. Signed by District Judge Ronnie L. White on 9/12/22. (JEB) (Entered: 09/12/2022)

Docket Text ORDER: IT IS HEREBY ORDERED that Plaintiff's Motion for Leave for Plaintiff to File in Excess of the 15 Page Limitation in Response to Federal Defendants' Motion to Dismiss Plaintiff's Amended Petition and Preliminary Injunction (ECF No. 43) is GRANTED. The Clerk of the Court shall detach and docket Plaintiff's Response, which was submitted as an attachment to the Motion for Leave. Signed by District Judge Ronnie L. White on 9/12/22. (JEB) (Entered: 09/12/2022)

RESPONSE to Motion re 31 MOTION to Dismiss for Lack of Jurisdiction filed by Plaintiff Alison Graeff. (Attachments: # 1 Declaration of Shawn A. Smith)(BRP) (Entered: 09/13/2022)

1 Declaration of Shawn A. Smith

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A Docket Text Order

Order Receipt

ORDER RECEIPT: (see receipt) Docket No: 44,45. Sent to non-electronic party this date. Tue Sep 13 09:51:41 CDT 2022 (Porter, Brittany)

REPLY to Response to Motion re 31 MOTION to Dismiss for Lack of Jurisdiction filed by Defendants Thomas Hicks, Benjamin W. Hovland, Christy McCormick, Donald L. Palmer, United States Election Assistance Commission. (Konkoly, Antonia) (Entered: 09/21/2022)

STRICKEN PER ORDER 49 - SURRESPONSE to Motion re 31 MOTION to Dismiss for Lack of Jurisdiction filed by Plaintiff Alison Graeff. (TMT) Modified on 10/4/2022 (TMT). (Entered: 10/04/2022)

ORDER: IT IS HEREBY ORDERED that "Plaintiffs Response to Federal Defendants Reply Memo to Their Motion to Dismiss for Lack of Subject Matter Jurisdiction" (ECF No. 48 ) is stricken from the record for filing error. Additional memoranda following a reply may be filed only by leave of Court. See Local Rule 4.01(C). Plaintiff must file a motion for leave to file a surresponse, explaining why a surresponse is required, with the proposed surresponse submitted as an attachment to the motion for leave. IT IS FURTHER ORDERED that the Clerk of the Court shall delete ECF No. 48 from the record. Signed by District Judge Ronnie L. White on 10/4/2022. (TMT) (Entered: 10/04/2022)

Order Receipt

ORDER RECEIPT: (see receipt) Docket No: 49. Tue Oct 4 13:45:55 CDT 2022 (Tillman, Tiffani)

Surresponse to Motion (Need Leave of Court)

ENTRY of Appearance by Jason K. Lewis for Defendant John J. Ashcroft. (Lewis, Jason) (Entered: 01/05/2023)

MOTION to Withdraw as Attorney ;attorney/firm Jesus A. Osete by Defendant John J. Ashcroft. (Osete, Jesus) (Entered: 01/09/2023)

Docket Text ORDER: Re: 51 MOTION to Withdraw as Attorney by Jesus A. Osete; ORDERED GRANTED. Signed by District Judge Ronnie L. White on January 11, 2023. (JAU) (Entered: 01/11/2023)

A Docket Text Order

Order Receipt

ORDER RECEIPT: (see receipt) Docket No: 52. Order sent to party not electronically notified this date. Thu Jan 12 15:27:06 CST 2023 (Long, Carol)

MOTION for Partial Summary Judgment by Plaintiff Alison Graeff. (Attachments: # 1 Exhibit)(KCD) (Entered: 03/07/2023)

1 Exhibit

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MEMORANDUM in Support of Motion re 53 MOTION for Partial Summary Judgment filed by Plaintiff Alison Graeff. (KCD) (Entered: 03/07/2023)

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Defendants United States Election Assistance Commission, Thomas Hicks, Christy McCormick, Benjamin W. Hovland, and Donald L. Palmer's Motion to Dismiss for Lack of Subject Matter Jurisdiction is GRANTED. [ECF No. 31 ]. IT IS FURHER ORDERED that because Plaintiff Alison Graeff fails to allege or demonstrate that she has Article III standing to bring her claims against any of the defendants, the Court DISMISSES Plaintiffs' claims against Defendant John J. Ashcroft for lack of subject matter jurisdiction. IT IS FURTHER ORDERED that Plaintiff Alison Graeff's Motions for a Preliminary Injunction and for Partial Summary Judgment and Defendant John J. Ashcroft's Motion to Dismiss for Failure to State a Claim are DENIED without prejudice for lack of subject matter jurisdiction. [ECF Nos. 8, 32 & 53 ]. The Court will issue a separate Order of Dismissal. Signed by District Judge Ronnie L. White on March 9, 2023. (BRP) (Entered: 03/09/2023)

ORDER OF DISMISSAL. IT IS HEREBY ORDERED that all claims against Defendants United States Election Assistance Commission, Thomas Hicks, Christy McCormick, Benjamin W. Hovland, Donald L. Palmer and Defendant John J. Ashcroft are DISMISSED for lack of subject matter jurisdiction. Signed by District Judge Ronnie L. White on March 9, 2023. (BRP) (Entered: 03/09/2023)

Order Receipt

ORDER RECEIPT: (see receipt) Docket No: 55,56. Sent to non-electronic party this date. Thu Mar 9 16:03:16 CST 2023 (Porter, Brittany)