Case: Brown v. Yost

U.S. Court of Appeals for the Sixth Circuit

U.S. Court of Appeals for the Sixth Circuit

U.S. Court of Appeals for the Sixth Circuit

COMPLAINT against All Plaintiffs ( Filing fee $ 405 paid - receipt number: AOHSDC-9887712), filed by Cynthia Brown, jenny sue Rowe, Carlos Buford. [ELECTION ISSUE(S) CITED] (Brown, Mark) (Entered: 03/27/2024)

MOTION for Preliminary Injunction EMERGENCY ELECTION ISSUE by Plaintiffs Cynthia Brown, Carlos Buford, jenny sue Rowe. (Attachments: # 1 Exhibit Proposed Order) (Brown, Mark) (Entered: 03/27/2024)

NOTICE: Telephone Conference set for 3/29/2024 10:00 AM in Chambers before Judge James L. Graham. (ds) (Entered: 03/27/2024)

REQUEST for Issuance of Summons. (Brown, Mark) (Entered: 03/28/2024)

NOTICE of Appearance by Mark R Brown for Plaintiffs Cynthia Brown, Carlos Buford, Jenny Sue Rowe (Brown, Mark) (Entered: 03/28/2024)

MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number AOHSDC-9893488) of Oliver Hall by Plaintiffs Cynthia Brown, Carlos Buford, Jenny Sue Rowe. (Attachments: # 1 Certificate of Good Standing, # 2 Proposed Order) (Brown, Mark) (Entered: 03/28/2024)

ORDER - The defendant's response to plaintiffs' motion is due on or before April 8, 2024; The plaintiff's reply brief is due on or before April 15, 2024. Signed by Judge James L. Graham on 3/29/24. (ds) (Entered: 03/29/2024)

Order on Motion for Leave to Appear Pro Hac Vice

Summons Issued as to David Yost. (vb) (Entered: 03/29/2024)

NOTATION ORDER granting 6 Motion for Leave to Appear Pro Hac Vice of Oliver B. Hall. Co-Counsel is directed to register for e-filing through PACER unless they have done so previously. By Magistrate Judge Elizabeth Preston Deavers on 3/29/2024. (vb) (Entered: 03/29/2024)

NOTICE of Appearance by Julie M Pfeiffer for Defendant David Yost (Pfeiffer, Julie) (Entered: 04/04/2024)

NOTICE of Appearance by Elizabeth Hanning Smith for Defendant David Yost (Smith, Elizabeth) (Entered: 04/04/2024)

NOTICE of Appearance by Stephen P. Tabatowski for Defendant David Yost (Tabatowski, Stephen) (Entered: 04/04/2024)

NOTICE of Appearance by Oliver B Hall for Plaintiffs Cynthia Brown, Carlos Buford, Jenny Sue Rowe (Hall, Oliver) (Entered: 04/04/2024)

RESPONSE in Opposition re 2 MOTION for Preliminary Injunction EMERGENCY ELECTION ISSUE and Motion to Dismiss filed by Defendant David Yost. (Pfeiffer, Julie) Modified event on 4/25/2024 (er). (Entered: 04/08/2024)

SUMMONS Returned Executed as to Defendant David Yost. David Yost served on 3/29/2024, answer due 4/19/2024. (Brown, Mark) (Entered: 04/11/2024)

REPLY to Response to Motion re 2 MOTION for Preliminary Injunction EMERGENCY ELECTION ISSUE filed by Plaintiffs Cynthia Brown, Carlos Buford, Jenny Sue Rowe. (Brown, Mark) (Entered: 04/12/2024)

NOTICE by Plaintiffs Cynthia Brown, Carlos Buford, Jenny Sue Rowe re 2 MOTION for Preliminary Injunction EMERGENCY ELECTION ISSUE Supplemental Authority (Attachments: # 1 Exhibit Yost Motion Dismiss Ohio Supreme Court) (Brown, Mark) (Entered: 04/19/2024)

1 Exhibit Yost Motion Dismiss Ohio Supreme Court

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MOTION to Strike 17 Notice (Other), by Defendant David Yost. (Pfeiffer, Julie) (Entered: 04/23/2024)

RESPONSE in Opposition re 18 MOTION to Strike 17 Notice (Other), filed by Plaintiffs Cynthia Brown, Carlos Buford, Jenny Sue Rowe. (Brown, Mark) (Entered: 04/24/2024)

RESPONSE in Opposition re 14 MOTION to Dismiss filed by Plaintiffs Cynthia Brown, Carlos Buford, Jenny Sue Rowe. (Brown, Mark) (Entered: 04/25/2024)

OPINION AND ORDER denying 2 Motion for Preliminary Injunction. Signed by Judge James L. Graham on 4/25/24. (ds) (Entered: 04/25/2024)

NOTICE of Hearing:Preliminary Pretrial Conference set for 5/21/2024 10:00 AM in Teleconference before Magistrate Judge Elizabeth Preston Deavers. (sln) (Entered: 04/26/2024)

NOTICE OF APPEAL re 21 Order on Motion for Preliminary Injunction (Filing fee $ 605 has been paid, receipt number AOHSDC-9941161) by Plaintiffs Cynthia Brown, Carlos Buford, Jenny Sue Rowe. (Brown, Mark) (Entered: 04/26/2024)

MOTION for Preliminary Injunction Pending Appeal by Plaintiffs Cynthia Brown, Carlos Buford, Jenny Sue Rowe. (Brown, Mark) (Entered: 04/27/2024)

USCA Case Number 24-3354 for 23 Notice of Appeal filed by Carlos Buford, Jenny Sue Rowe, Cynthia Brown; Virginia Lee Padgett, Case Manager (513-564-7032). (kh) (Entered: 04/30/2024)

ORDER denying 24 Motion for Preliminary Injunction. Signed by Judge James L. Graham on 5/1/24. (ds) (Entered: 05/01/2024)

REPLY to Response to Motion re 14 MOTION to Dismiss filed by Defendant David Yost. (Pfeiffer, Julie) (Entered: 05/09/2024)

Joint MOTION to Stay Discovery Pending Interlocutory Appeal by Defendant David Yost. (Pfeiffer, Julie) (Entered: 05/14/2024)

ORDER granting 28 Motion to Stay Discovery. The Preliminary Pretrial Conference previously set for May 21, 2024 is VACATED and will be reset by separate order if necessary. The parties shall file their Rule 26(f) Report within FOURTEEN (14) DAYS of the resolution of Plaintiffs interlocutory appeal. Signed by Magistrate Judge Elizabeth Preston Deavers on May 15, 2024. (jlk) (Entered: 05/15/2024)

ORDER of USCA as to 23 Notice of Appeal filed by Carlos Buford, Jenny Sue Rowe & Cynthia Brown: The Sixth Circuit REVERSES the district court's order and GRANTS Plaintiffs' motion for preliminary injunctive relief, enjoining Yost's ability to enforce Ohio Revised Code § 3519.01 against Plaintiffs. We therefore order Yost to send Plaintiffs' proposed amendment and the most recent summary to the ballot board for the next phase of the process. We also DENY as moot Plaintiffs' motion for an injunction pending appeal. Note: Mandate to issue. (er) (Entered: 05/30/2024)

MOTION to Withdraw as Attorney withdraw Elizabeth H. Smith, by Defendant David Yost. (Pfeiffer, Julie) (Entered: 06/26/2024)

ORDER granting 31 Motion to Withdraw as Attorney Elizabeth Hanning Smith on Behalf of Defendant David Yost. (Attorney terminated). Signed by Magistrate Judge Elizabeth Preston Deavers on 7/27/2024. (vb) (Entered: 06/27/2024)

NOTICE of Appearance by Byers Bowman Emmerling for Defendant David Yost (Emmerling, Byers) (Entered: 06/27/2024)

ORDER of USCA IN CONSIDERATION THEREOF, it is ORDERED that the appeal is DISMISSED AS MOOT and the district courts order denying the plaintiffs' motion for a preliminary injunction is VACATED.as to 23 Notice of Appeal filed by Carlos Buford, Jenny Sue Rowe, Cynthia Brown Note: Mandate to issue. (pb) (Entered: 11/22/2024)

MANDATE of USCA Pursuant to the court's disposition that was filed 11/21/2024 the mandate for this case hereby issues 12/13/24 as to 23 Notice of Appeal filed by Carlos Buford, Jenny Sue Rowe, Cynthia Brown (pb) (Entered: 12/16/2024)

Joint MOTION for Extension of Time to File New date requested 2/6/2025. by Plaintiffs Cynthia Brown, Carlos Buford, Jenny Sue Rowe, Defendant David Yost. (Hall, Oliver) (Entered: 01/07/2025)

ORDER granting 36 Motion for Extension of Time to File Rule 26(f) Report. Rule 26(f) Meeting Report due by 2/6/2025. Signed by Magistrate Judge Elizabeth Preston Deavers on January 8, 2025. (jlk) (Entered: 01/08/2025)

NOTICE of Appearance by Ann Yackshaw for Defendant David Yost (Yackshaw, Ann) (Entered: 01/09/2025)

Terminate Motions

***Motion terminated as MOOT: 18 MOTION to Strike 17 Notice (Other), filed by David Yost. (jlg6)

***Motion terminated (without prejudice) as MOOT: 14 MOTION to Dismiss filed by David Yost. (jlg6)

First MOTION for Leave to File Amended/Supplemented Complaint by Plaintiffs Cynthia Brown, Carlos Buford, Jenny Sue Rowe. (Attachments: # 1 Exhibit Proposed Amended/Supplemented Complaint) (Brown, Mark) (Entered: 01/21/2025)

Second MOTION for Preliminary Injunction by Plaintiffs Cynthia Brown, Carlos Buford, Jenny Sue Rowe. (Attachments: # 1 Exhibit Memorandum of Law in Support) (Brown, Mark) (Entered: 01/21/2025)

1 Exhibit Memorandum of Law in Support

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ORDER issued re 39 Plaintiffs' Motion to Amend and Supplement Complaint and Expedite Briefing on Amendment. Plaintiffs' Motion to ExpediteBriefing is GRANTED in part. Defendant shall have until JANUARY 28, 2025, to file a response to Plaintiffs Motion. Plaintiffs shall have until JANUARY 31, 2025, to file a reply. Signed by Magistrate Judge Elizabeth Preston Deavers on 1/22/25. (sem) (Entered: 01/22/2025)

Set Motion and R&R Deadlines/Hearings

Set/Reset Deadlines as to 39 First MOTION to Amend and Supplement Complaint. Response due by 1/28/2025 Reply due by 1/31/2025 per the Court's 1/22/25. (sem)

MOTION for Telephonic Status Conference by Defendant David Yost. (Pfeiffer, Julie) (Entered: 01/23/2025)

RESPONSE to Motion re 42 MOTION for Telephonic Status Conference filed by Plaintiffs Cynthia Brown, Carlos Buford, Jenny Sue Rowe. (Brown, Mark) (Entered: 01/23/2025)

RESPONSE to Motion re 39 First MOTION for Leave to File Amended/Supplemented Complaint filed by Defendant David Yost. (Pfeiffer, Julie) (Entered: 01/27/2025)

REPLY to Response to Motion re 39 First MOTION for Leave to File Amended/Supplemented Complaint filed by Plaintiffs Cynthia Brown, Carlos Buford, Jenny Sue Rowe. (Brown, Mark) (Entered: 01/27/2025)

ORDER granting 39 Motion for Leave to Amend and Supplement Complaint which is the single operative Complaint and supersedes Plaintiff's Complaint ECF 1 ). Signed by Magistrate Judge Elizabeth Preston Deavers on 1/30/2025. (vb) (Entered: 01/30/2025)

AMENDED COMPLAINT against David Yost, filed by Cynthia Brown et al. (vb) (Entered: 01/30/2025)

First MOTION for Protective Order from Emergency Discovery by Plaintiffs Cynthia Brown, Carlos Buford, Jenny Sue Rowe. (Attachments: # 1 Exhibit Notice of Deposition of Brown, # 2 Exhibit Notice of Deposition of Buford, # 3 Exhibit Notice of Deposition of Rowe, # 4 Exhibit Rule 34 Production Request) (Brown, Mark) (Entered: 01/31/2025)

RESPONSE in Opposition re 48 First MOTION for Protective Order from Emergency Discovery filed by Defendant David Yost. (Pfeiffer, Julie) (Entered: 02/03/2025)

REPLY to Response to Motion re 48 First MOTION for Protective Order from Emergency Discovery filed by Plaintiffs Cynthia Brown, Carlos Buford, Jenny Sue Rowe. (Brown, Mark) (Entered: 02/03/2025)

ORDER setting briefing schedule. Motion for conference 42 denied. Signed by Judge James L. Graham on 2/4/2025. (jlg6) (Entered: 02/04/2025)

RULE 26(f) REPORT by Defendant David Yost. (Yackshaw, Ann) (Entered: 02/06/2025)

Discovery Conference

Statistical Minute Entry for proceedings held before Magistrate Judge Elizabeth Preston Deavers: Discovery Conference held on 2/6/2025. The parties are to meet and confer regarding scope and timing of limited discovery. The Court will reconvene the parties on 2/7/25 at 1:00 p.m. (jlk)

NOTATION ORDER denying without prejudice (as moot) 48 Motion for Protective Order. The parties have agreed to limited discovery that they will conduct consistent with the schedule established by the Court. Signed by Magistrate Judge Elizabeth Preston Deavers on 2/7/2025. (EPD) (Entered: 02/07/2025)

Order on Motion for Protective Order

Statistical Minute Entry for proceedings held before Magistrate Judge Elizabeth Preston Deavers: Discovery Conference held on 2/7/2025. The parties have agreed to limited discovery for purposes of the Preliminary Injunction hearing. (jlk)

MOTION to Withdraw as Attorney Byers B. Emmerling by Defendant David Yost. (Pfeiffer, Julie) (Entered: 02/11/2025)

ORDER granting 56 Motion to Withdraw as Attorney Byers Bowman Emmerling as counsel on behalf of Defendant Yost. (Atty Emmerling terminated). Signed by Magistrate Judge Elizabeth Preston Deavers on 2/12/2025. (vb) (Entered: 02/12/2025)

Discovery Conference

ANSWER to 47 Complaint filed by David Yost. (Attachments: # 1 Exhibit A. First Petition Submission and Rejection Letter Dated May 12, 2021, # 2 Exhibit B. Second Petition Submission and Rejection Letter dated December 2, 2022, # 3 Exhibit C. Third Petition Submission and Rejection Letter dated March 8, 2023, # 4 Exhibit D. Fourth Petition Submission and Rejection Letter dated June 2, 2023, # 5 Exhibit E. Fifth Petition Submission and Rejection Letter dated August 18, 2023, # 6 Exhibit F. Sixth Petition Submission and Rejection Letter dated November 17, 2023, # 7 Exhibit G. Seventh Petition Submission and Rejection Letter dated March 14, 2024, # 8 Exhibit H. Eighth Petition Submission and Certification Letter dated November 24, 2024) (Pfeiffer, Julie) (Entered: 02/21/2025)

RESPONSE to Motion re 40 Second MOTION for Preliminary Injunction filed by Defendant David Yost. (Attachments: # 1 Exhibit 1. Declaration of Chris Burnett, # 2 Exhibit 2. Deposition of Cynthia Brown, # 3 Exhibit 3. Deposition of Kyle Pierce, # 4 Exhibit 4. Declaration of Brandon Lynaugh, # 5 Exhibit 5. Substitute House Bill Number 74, # 6 Exhibit 6. Election Official Manual, # 7 Exhibit 7. Declaration of Brian Katz) (Pfeiffer, Julie) (Entered: 02/21/2025)

REPLY to Response to Motion re 40 Second MOTION for Preliminary Injunction filed by Plaintiffs Cynthia Brown, Carlos Buford, Jenny Sue Rowe. (Brown, Mark) (Entered: 02/23/2025)

NOTICE by Plaintiffs Cynthia Brown, Carlos Buford, Jenny Sue Rowe re 40 Second MOTION for Preliminary Injunction Request for Status Conference (Brown, Mark) (Entered: 03/05/2025)

ORDER granting 40 Motion for Preliminary Injunction. Signed by Judge James L. Graham on 3/14/2025. (jlg6)

NOTICE OF APPEAL re 62 Order on Motion for Preliminary Injunction (Filing fee $ 605 has been paid, receipt number AOHSDC-10419759) by Defendant David Yost. (Pfeiffer, Julie) (Entered: 03/14/2025)

MOTION to Stay re 63 Notice of Appeal by Defendant David Yost. (Pfeiffer, Julie) (Entered: 03/14/2025)

RESPONSE in Opposition re 64 MOTION to Stay re 63 Notice of Appeal filed by Plaintiffs Cynthia Brown, Carlos Buford, Jenny Sue Rowe. (Brown, Mark) (Entered: 03/15/2025)

ORDER granting 64 Motion to Stay. Signed by Judge James L. Graham on 3/17/25. (ds) (Entered: 03/17/2025)

USCA Case Number 25-3179 for 63 Notice of Appeal filed by David Yost; Sharday S. Swain, Case Manager (513-564-7027). (kh) (Entered: 03/18/2025)

ORDER of USCA as to 63 Notice of Appeal filed by David Yost - ORDER filed granting motion to dismiss case - voluntarily pursuant to FRAP 42(b). Note: No Mandate details noted. (kh) (Entered: 04/29/2025)

NOTICE of Hearing: Status Conference set for 5/5/2025 10:45 AM in Zoom Meeting before Magistrate Judge Elizabeth Preston Deavers. (sln) (Entered: 04/29/2025)

Status Conference

Minute Entry for proceedings held before Magistrate Judge Elizabeth Preston Deavers: Status Conference held on 5/5/2025. Parties to submit proposed case schedule. Court will set another status conference toward the end of the discovery period. (sln)

NOTICE of Hearing: Status Conference set for 9/25/2025 10:00 AM in Zoom Meeting before Magistrate Judge Elizabeth Preston Deavers. (sln) (Entered: 05/05/2025)

STIPULATION of Proposed Amended Case Schedule by Defendant David Yost. (Pfeiffer, Julie) (Entered: 05/05/2025)

PRELIMINARY PRETRIAL ORDER: Discovery (Expert) due by 10/15/2025. Discovery (Fact) due by 8/15/2025. Dispositive motions due by 10/31/2025. Primary Expert due by 9/2/2025. Rebuttal Expert due by 10/1/2025. Signed by Magistrate Judge Elizabeth Preston Deavers on 5/6/25. (sem) (Entered: 05/06/2025)