Case: Smith v. Trump

1:21-CV-02265 | U.S. District Court for the District of District of Columbia

Filed Date: Aug. 26, 2021

Case Ongoing

Clearinghouse coding in progress

Case Summary

(This summary is temporary, while we research the case.)  

A group of U.S. Capitol Police officers brought this civil suit against Donald J. Trump, his 2020 campaign organization, Stop the Steal, the Proud Boys, the Oath Keepers, and other individuals who the complaint alleges bear primary responsibility for the January 6, 2020, attack on the U.S. Capitol. The lawsuit alleges that the attack violated the Ku Klux Klan Act and that President Trump and other defendants deliberately spread false claims about the 2020 election to incite violence from groups like the Proud Boys in order to prevent Congress from carrying out its duty to certify the election results.

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/60313941/parties/smith-v-trump/


Judge(s)
Attorney for Plaintiff

Baron, Noah (District of Columbia)

Attorney for Defendant

Andersen, James (District of Columbia)

Bailey, Steven C. (District of Columbia)

Barnes, Roderick Robert (District of Columbia)

Barr, Benjamin (District of Columbia)

Expert/Monitor/Master/Other
Attorney for Defendant

Andersen, James (District of Columbia)

Bailey, Steven C. (District of Columbia)

Barnes, Roderick Robert (District of Columbia)

Barr, Benjamin (District of Columbia)

BIGGS, JOSEPH R. (District of Columbia)

Binnall, Jesse R (District of Columbia)

Buschel, Robert C (District of Columbia)

Cocis, Nicolai (District of Columbia)

Coleman, Ronald D. (District of Columbia)

Flynn, Shawn (District of Columbia)

Greaves, Jason Caldwell (District of Columbia)

Gross, Jonathan (District of Columbia)

Hackert, Connor John (District of Columbia)

Haller, Juli Zsuzsa (District of Columbia)

HOSTETTER, ALAN (District of Columbia)

Huish, Dyke (District of Columbia)

Hull, John Daniel (District of Columbia)

Jr, Gerald A. (District of Columbia)

Kamenar, Paul Douglas (District of Columbia)

Klein, Stephen R. (District of Columbia)

Lawkowski, Gary (District of Columbia)

Martin, John BlairFishwick (District of Columbia)

Moseley, Jonathon Alden (District of Columbia)

Murray, Julianne E. (District of Columbia)

Myers, Jonathan (District of Columbia)

Nobile, Mark Paul (District of Columbia)

Pierce, John M. (District of Columbia)

Roberts, Jared Joseph (District of Columbia)

Roots, Roger (District of Columbia)

Sampson, Adam T. (District of Columbia)

Shaw, Jonathan Mark (District of Columbia)

Skinner, Reginald Maurice (District of Columbia)

Smith, Grant J. (District of Columbia)

Smith, Nicholas D. (District of Columbia)

Stewart, Carolyn (District of Columbia)

Trainor, Patrick (District of Columbia)

WARNER, ERIK SCOTT (District of Columbia)

Warrington, David Alan (District of Columbia)

Woodward, Stanley Edmund (District of Columbia)

show all people

Documents in the Clearinghouse

Document
1

1:21-CV-02265

Complaint

Aug. 26, 2021

Aug. 26, 2021

Docket

See docket on RECAP: https://www.courtlistener.com/docket/60313941/smith-v-trump/

Last updated Dec. 5, 2025, 8:40 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against All Defendants with Jury Demand ( Filing fee $ 402 receipt number ADCDC-8692265) filed by MICHAEL FORTUNE, JASON DEROCHE, GOVERNOR LATSON, BYRON EVANS, CONRAD SMITH, DANNY L. MCELROY, MELISSA MARSHALL. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons, # 6 Summons, # 7 Summons, # 8 Summons, # 9 Summons, # 10 Summons, # 11 Summons, # 12 Summons, # 13 Summons, # 14 Summons, # 15 Summons, # 16 Summons, # 17 Summons, # 18 Summons, # 19 Summons, # 20 Summons, # 21 Summons, # 22 Summons, # 23 Summons, # 24 Summons, # 25 Summons, # 26 Summons)(Caspar, Edward) (Entered: 08/26/2021)

1 Civil Cover Sheet

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2 Summons

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3 Summons

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4 Summons

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5 Summons

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6 Summons

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7 Summons

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8 Summons

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9 Summons

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10 Summons

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11 Summons

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12 Summons

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13 Summons

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14 Summons

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15 Summons

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16 Summons

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17 Summons

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18 Summons

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19 Summons

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20 Summons

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21 Summons

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22 Summons

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23 Summons

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24 Summons

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25 Summons

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26 Summons

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Aug. 26, 2021

Aug. 26, 2021

Clearinghouse
2

NOTICE of Appearance by Noah Baron on behalf of All Plaintiffs (Baron, Noah) (Entered: 08/26/2021)

Aug. 26, 2021

Aug. 26, 2021

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3

NOTICE of Appearance by Jon M. Greenbaum on behalf of All Plaintiffs (Greenbaum, Jon) (Entered: 08/26/2021)

Aug. 26, 2021

Aug. 26, 2021

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4

NOTICE OF RELATED CASE by All Plaintiffs. Case related to Case No. 1:21-cv-586-APM, 1:21-cv-400-APM, and 1:21-cv-858- APM. (Caspar, Edward) Modified on 8/26/2021 to edit docket text (znmg). (Entered: 08/26/2021)

Aug. 26, 2021

Aug. 26, 2021

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NOTICE of Appearance by David Ryan Brody on behalf of All Plaintiffs (Brody, David) (Entered: 08/26/2021)

Aug. 26, 2021

Aug. 26, 2021

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6

SUMMONS (25) Issued Electronically as to ALI ALEXANDER, JOSEPH R. BIGGS, THOMAS E. CALDWELL, DONALD J. TRUMP FOR PRESIDENT, INC., CHARLES DONOHOE, ALAN HOSTETTER, DEREK KINNISON, FELIPE ANTONIO MARTINEZ, KELLY MEGGS, RONALD MELE, ETHAN NORDEAN, OATH KEEPERS, DOMINIC J. PEZZOLA, PROUD BOYS, PROUD BOYS INTERNATIONAL, L.L.C., ZACHARY REHL, STEWART RHODES, ROGER J. STONE, JR, STOP THE STEAL L.L.C., BRANDON J. STRAKA, ENRIQUE TARRIO, RUSSELL TAYLOR, DONALD J. TRUMP, ERIK SCOTT WARNER, and JESSICA WATKINS. (Attachment: # 1 Notice and Consent) (znmg) (Entered: 08/26/2021)

1 Notice and Consent

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Aug. 26, 2021

Aug. 26, 2021

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Notice of QC- New Case

Aug. 26, 2021

Aug. 26, 2021

Case Assigned/Reassigned

Aug. 26, 2021

Aug. 26, 2021

NOTICE OF ERROR re 3 Notice of Appearance; emailed to jgreenbaum@lawyerscommittee.org, cc'd 11 associated attorneys -- The PDF file you docketed contained errors: 1. Attorney is provisional. Please renew your membership. See https://www.dcd.uscourts.gov/attorney-admissions-and-renewal-information., 2. COMPLIANCE DEADLINE is by close of business today. This case will not proceed any further until all errors are satisfied. (znmg, )

Aug. 26, 2021

Aug. 26, 2021

Case Assigned to Judge Amit P. Mehta. (znmg)

Aug. 26, 2021

Aug. 26, 2021

7

WAIVER OF SERVICE. DONALD J. TRUMP waiver sent on 9/1/2021, answer due 10/31/2021. (Caspar, Edward) (Entered: 09/01/2021)

Sept. 1, 2021

Sept. 1, 2021

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WAIVER OF SERVICE. DONALD J. TRUMP FOR PRESIDENT, INC. waiver sent on 9/1/2021, answer due 10/31/2021. (See Docket entry 7 to view document). (zsb) (Entered: 09/10/2021)

Sept. 1, 2021

Sept. 1, 2021

WAIVER OF SERVICE. DONALD J. TRUMP FOR PRESIDENT, INC. waiver sent on 9/1/2021, answer due 10/31/2021. (See Docket entry 7 to view document). (zsb)

Sept. 1, 2021

Sept. 1, 2021

Waiver of Service

Sept. 10, 2021

Sept. 10, 2021

9

NOTICE of Appearance by Robert C Buschel on behalf of ROGER J. STONE, JR (Buschel, Robert) (Entered: 09/15/2021)

Sept. 15, 2021

Sept. 15, 2021

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RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. JOSEPH R. BIGGS served on 9/7/2021, answer due 9/28/2021 (Caspar, Edward) (Entered: 09/22/2021)

Sept. 22, 2021

Sept. 22, 2021

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RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. CHARLES DONOHOE served on 9/3/2021, answer due 9/24/2021 (Caspar, Edward) (Entered: 09/22/2021)

Sept. 22, 2021

Sept. 22, 2021

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RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. JESSICA WATKINS served on 9/15/2021, answer due 10/6/2021 (Caspar, Edward) (Entered: 09/22/2021)

Sept. 22, 2021

Sept. 22, 2021

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RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. KELLY MEGGS served on 9/15/2021, answer due 10/6/2021 (Caspar, Edward) (Entered: 09/22/2021)

Sept. 22, 2021

Sept. 22, 2021

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RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. DOMINIC J. PEZZOLA served on 9/15/2021, answer due 10/6/2021 (Caspar, Edward) (Entered: 09/22/2021)

Sept. 22, 2021

Sept. 22, 2021

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RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. ROGER J. STONE, JR served on 9/15/2021, answer due 10/6/2021 (Caspar, Edward) (Entered: 09/22/2021)

Sept. 22, 2021

Sept. 22, 2021

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RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. ZACHARY REHL served on 9/14/2021, answer due 10/5/2021 (Caspar, Edward) (Entered: 09/29/2021)

Sept. 29, 2021

Sept. 29, 2021

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RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. ENRIQUE TARRIO served on 9/23/2021, answer due 10/14/2021 (Caspar, Edward) (Entered: 09/29/2021)

Sept. 29, 2021

Sept. 29, 2021

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RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. PROUD BOYS served on 9/23/2021, answer due 10/14/2021 (Caspar, Edward) (Entered: 09/29/2021)

Sept. 29, 2021

Sept. 29, 2021

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19

Unopposed MOTION for Extension of Time to File Motion to Dismiss by ROGER J. STONE, JR. (Attachments: # 1 Text of Proposed Order)(Buschel, Robert) (Entered: 10/01/2021)

1 Text of Proposed Order

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Oct. 1, 2021

Oct. 1, 2021

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NOTICE of Appearance by Jonathon Alden Moseley on behalf of ZACHARY REHL (Moseley, Jonathon) (Entered: 10/01/2021)

Oct. 1, 2021

Oct. 1, 2021

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MINUTE ORDER granting Defendant Roger Stone's Unopposed Motion for Extension of Time to File Motion to Dismiss, ECF No. 19. Defendant shall answer or otherwise respond to the Complaint by October 31, 2021. Signed by Judge Amit P. Mehta on 10/01/2021. (lcapm3)

Oct. 1, 2021

Oct. 1, 2021

MINUTE ORDER granting Defendant Roger Stone's Unopposed Motion for Extension of Time to File Motion to Dismiss, ECF No. 19 . Defendant shall answer or otherwise respond to the Complaint by October 31, 2021.

Oct. 1, 2021

Oct. 1, 2021

MINUTE ORDER granting Defendant Roger Stone's Unopposed Motion for Extension of Time to File Motion to Dismiss, ECF No. 19 . Defendant shall answer or otherwise respond to the Complaint by October 31, 2021. Signed by Judge Amit P. Mehta on 10/01/2021. (lcapm3)

Oct. 1, 2021

Oct. 1, 2021

21

NOTICE of Appearance by Grant J. Smith on behalf of ROGER J. STONE, JR (Smith, Grant) (Entered: 10/04/2021)

Oct. 4, 2021

Oct. 4, 2021

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NOTICE of Appearance by Nicholas D. Smith on behalf of FELIPE ANTONIO MARTINEZ (Smith, Nicholas) (Entered: 10/04/2021)

Oct. 4, 2021

Oct. 4, 2021

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ANSWER to Complaint by ZACHARY REHL. (Attachments: # 1 Exhibit A: Some Permits Issued by the U.S. Capitol Police for demonstrations on January 6, # 2 Exhibit B: Reuters article citing FBI leak: Scant evidence of advance planning, # 3 Exhibit C: BUZZFEED article: 6 permits issued by US Capitol Police for demonstrations on January 6, # 4 Exhibit D: Article FBI finds little evidence of organizing violence of Capitol riot)(Moseley, Jonathon) (Entered: 10/04/2021)

1 Exhibit A: Some Permits Issued by the U.S. Capitol Police for demonstrations on

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2 Exhibit B: Reuters article citing FBI leak: Scant evidence of advance planning

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3 Exhibit C: BUZZFEED article: 6 permits issued by US Capitol Police for demonst

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4 Exhibit D: Article FBI finds little evidence of organizing violence of Capitol

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Oct. 4, 2021

Oct. 4, 2021

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24

MOTION to Stay of case pending criminal trials of most Defendants by ZACHARY REHL. (Moseley, Jonathon) (Entered: 10/04/2021)

Oct. 4, 2021

Oct. 4, 2021

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25

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. THOMAS E. CALDWELL served on 9/22/2021, answer due 10/13/2021 (Caspar, Edward) (Entered: 10/05/2021)

Oct. 5, 2021

Oct. 5, 2021

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RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. DEREK KINNISON served on 9/23/2021, answer due 10/14/2021 (Caspar, Edward) (Entered: 10/05/2021)

Oct. 5, 2021

Oct. 5, 2021

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RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. BRANDON J. STRAKA served on 9/23/2021, answer due 10/14/2021 (Caspar, Edward) (Entered: 10/05/2021)

Oct. 5, 2021

Oct. 5, 2021

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RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. RUSSELL TAYLOR served on 9/23/2021, answer due 10/14/2021 (Caspar, Edward) (Entered: 10/05/2021)

Oct. 5, 2021

Oct. 5, 2021

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RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. ERIK SCOTT WARNER served on 9/25/2021, answer due 10/16/2021 (Caspar, Edward) (Entered: 10/05/2021)

Oct. 5, 2021

Oct. 5, 2021

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Unopposed MOTION for Extension of Time to File Response/Reply to the Complaint by KELLY MEGGS. (Attachments: # 1 Text of Proposed Order)(Haller, Juli) (Entered: 10/05/2021)

1 Text of Proposed Order

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Oct. 5, 2021

Oct. 5, 2021

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MOTION to Strike 1 Complaint,, under Rule 12(f) immaterial, impertinent, or scandalous matter calling Defendants racist or White supremacists by ZACHARY REHL. (Attachments: # 1 Memorandum in Support, # 2 Exhibit A: Statistics of Jury Pool opposition to Trump, # 3 Exhibit B: Google search of reports of lawsuit, # 4 Exhibit C: News coverage in Washington Post, # 5 Exhibit D: News coverage in Washington Times, # 6 Text of Proposed Order)(Moseley, Jonathon) (Entered: 10/05/2021)

1 Memorandum in Support

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2 Exhibit A: Statistics of Jury Pool opposition to Trump

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3 Exhibit B: Google search of reports of lawsuit

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4 Exhibit C: News coverage in Washington Post

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5 Exhibit D: News coverage in Washington Times

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6 Text of Proposed Order

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Oct. 5, 2021

Oct. 5, 2021

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SUPPLEMENTAL MEMORANDUM to re 31 MOTION to Strike 1 Complaint,, under Rule 12(f) immaterial, impertinent, or scandalous matter calling Defendants racist or White supremacists attaching copy of Civil Rights Act of 1871 as originally published filed by ZACHARY REHL. (Attachments: # 1 Supplement Copy of Public Law (P.L.) 42-22 (April 20, 1871) -- Session 42, Chapter 22; 17 Stat. 13)(Moseley, Jonathon) (Entered: 10/06/2021)

1 Supplement Copy of Public Law (P.L.) 42-22 (April 20, 1871) -- Session 42, Chapt

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Oct. 6, 2021

Oct. 6, 2021

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NOTICE of Appearance by Nicholas D. Smith on behalf of ETHAN NORDEAN (Smith, Nicholas) (Entered: 10/06/2021)

Oct. 6, 2021

Oct. 6, 2021

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Unopposed MOTION for Extension of Time to file response to the Complaint by ETHAN NORDEAN. (Smith, Nicholas) (Entered: 10/06/2021)

Oct. 6, 2021

Oct. 6, 2021

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Order on Motion for Extension of Time to File Response/Reply

Oct. 6, 2021

Oct. 6, 2021

MINUTE ORDER granting Defendant Kelly Meggs's 30 Unopposed Motion for Extension of Time to File a Response to 1 Complaint. Defendant Meggs shall answer or otherwise respond to Complaint by November 12, 2021. Signed by Judge Amit P. Mehta on 10/06/2021. (lcapm3).

Oct. 6, 2021

Oct. 6, 2021

Order on Motion for Extension of Time to

Oct. 6, 2021

Oct. 6, 2021

MINUTE ORDER granting Defendant Ethan Nordean's 34 Unopposed Motion for Extension of Time to File Response to the 1 Complaint. Defendant Nordean shall answer or otherwise respond to Complaint by November 12, 2021. Signed by Judge Amit P. Mehta on 10/06/2021. (lcapm3).

Oct. 6, 2021

Oct. 6, 2021

35

NOTICE of Appearance by Stephen R. Klein on behalf of BRANDON J. STRAKA (Klein, Stephen) (Entered: 10/07/2021)

Oct. 7, 2021

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Supplemental MOTION to Strike 31 MOTION to Strike 1 Complaint,, under Rule 12(f) immaterial, impertinent, or scandalous matter calling Defendants racist or White supremacists, 1 Complaint,, by ZACHARY REHL. (Moseley, Jonathon) (Entered: 10/08/2021)

Oct. 8, 2021

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ANSWER to Complaint by THOMAS E. CALDWELL.(eg) (Entered: 10/22/2021)

Oct. 8, 2021

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MOTION to Stay re 1 Complaint,, re 90-day stay of case by ETHAN NORDEAN. (Smith, Nicholas) (Entered: 10/11/2021)

Oct. 11, 2021

Oct. 11, 2021

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RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. ETHAN NORDEAN served on 9/20/2021, answer due 10/11/2021 (Caspar, Edward) (Entered: 10/12/2021)

Oct. 12, 2021

Oct. 12, 2021

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RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. OATH KEEPERS served on 9/23/2021, answer due 10/14/2021 (Caspar, Edward) (Entered: 10/12/2021)

Oct. 12, 2021

Oct. 12, 2021

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Unopposed MOTION for Extension of Time to File Response/Reply as to 24 MOTION to Stay of case pending criminal trials of most Defendants by JASON DEROCHE, BYRON EVANS, GOVERNOR LATSON, MELISSA MARSHALL, DANNY MCELROY, CONRAD SMITH. (Attachments: # 1 Text of Proposed Order)(Caspar, Edward) (Entered: 10/13/2021)

1 Text of Proposed Order

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Oct. 13, 2021

Oct. 13, 2021

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RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. RONALD MELE served on 10/5/2021, answer due 10/26/2021 (Caspar, Edward) (Entered: 10/13/2021)

Oct. 13, 2021

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NOTICE of Appearance by Dyke Huish on behalf of RUSSELL TAYLOR (Huish, Dyke) (Entered: 10/13/2021)

Oct. 13, 2021

Oct. 13, 2021

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First ANSWER to Complaint with Jury Demand by RUSSELL TAYLOR.(Huish, Dyke) (Entered: 10/13/2021)

Oct. 13, 2021

Oct. 13, 2021

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First MOTION to Stay by RUSSELL TAYLOR. (Huish, Dyke) (Entered: 10/13/2021)

Oct. 13, 2021

Oct. 13, 2021

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NOTICE of Consent To Any Extension Of Time And Scheduling Of Briefing And Hearing On His Motion For Stay by ZACHARY REHL re 24 MOTION to Stay of case pending criminal trials of most Defendants (Moseley, Jonathon) (Entered: 10/13/2021)

Oct. 13, 2021

Oct. 13, 2021

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MINUTE ORDER granting Plaintiffs' Unopposed Motion for Extension of Time to File Response to Defendant Rehl's Motion for Stay, ECF No. 40. Plaintiff shall file a consolidated opposition to Defendants Rehl's and Nordean's motions for stay by October 25, 2021. Signed by Judge Amit P. Mehta on 10/13/2021. (lcapm3)

Oct. 13, 2021

Oct. 13, 2021

MINUTE ORDER granting Plaintiffs' Unopposed Motion for Extension of Time to File Response to Defendant Rehl's Motion for Stay, ECF No. 40 . Plaintiff shall file a consolidated opposition to Defendants Rehl's and Nordean's motions for stay by October 25, 2021. Signed by Judge Amit P. Mehta on 10/13/2021. (lcapm3)

Oct. 13, 2021

Oct. 13, 2021

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NOTICE of Appearance by Nicolai Cocis on behalf of DEREK KINNISON (Cocis, Nicolai) (Entered: 10/14/2021)

Oct. 14, 2021

Oct. 14, 2021

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Unopposed MOTION for Extension of Time to File Answer by DEREK KINNISON. (Attachments: # 1 Proposed Order)(Cocis, Nicolai) (Entered: 10/14/2021)

1 Proposed Order

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Oct. 14, 2021

Oct. 14, 2021

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MOTION to Dismiss for Failure to State a Claim, MOTION to Dismiss for Lack of Jurisdiction by BRANDON J. STRAKA. (Attachments: # 1 Text of Proposed Order)(Klein, Stephen) (Entered: 10/14/2021)

1 Text of Proposed Order

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Oct. 14, 2021

Oct. 14, 2021

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MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Adonne Washington, Filing fee $ 100, receipt number ADCDC-8799940. Fee Status: Fee Paid. by JASON DEROCHE, BYRON EVANS, MICHAEL FORTUNE, GOVERNOR LATSON, MELISSA MARSHALL, DANNY MCELROY, CONRAD SMITH. (Attachments: # 1 Declaration, # 2 Text of Proposed Order)(Caspar, Edward) (Entered: 10/14/2021)

1 Declaration

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2 Text of Proposed Order

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Oct. 14, 2021

Oct. 14, 2021

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NOTICE of Appearance by Jesse R Binnall on behalf of DONALD J. TRUMP FOR PRESIDENT, INC., DONALD J. TRUMP (Binnall, Jesse) (Entered: 10/14/2021)

Oct. 14, 2021

Oct. 14, 2021

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Order on Motion for Leave to Appear Pro Hac Vice

Oct. 14, 2021

Oct. 14, 2021

MINUTE ORDER granting 49 Motion for Leave to Appear Pro Hac Vice. Attorney Adonne Washington is hereby admitted pro hac vice to appear in this matter. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Click for instructions. Signed by Judge Amit P. Mehta on 10/14/2021. (lcapm3)

Oct. 14, 2021

Oct. 14, 2021

51

NOTICE of Appearance by Adonne Washington on behalf of All Plaintiffs (Washington, Adonne) (Main Document 51 replaced on 10/15/2021) (zeg). (Entered: 10/15/2021)

Oct. 15, 2021

Oct. 15, 2021

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NOTICE OF WITHDRAWAL OF APPEARANCE as to JASON DEROCHE, BYRON EVANS, MICHAEL FORTUNE, GOVERNOR LATSON, MELISSA MARSHALL, DANNY MCELROY, CONRAD SMITH. Attorney Noah Baron terminated. (Baron, Noah) (Entered: 10/15/2021)

Oct. 15, 2021

Oct. 15, 2021

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MINUTE ORDER granting Defendant Derek Kinnison's 47 Unopposed Motion for Extension of Time to File Response to the Complaint. Defendant Kinnison shall answer or otherwise respond to 1 Complaint by November 12, 2021. Signed by Judge Amit P. Mehta on 10/15/2021. (lcapm3)

Oct. 15, 2021

Oct. 15, 2021

Order on Motion for Extension of Time to Answer

Oct. 15, 2021

Oct. 15, 2021

53

MOTION to Stay by DEREK KINNISON. (Attachments: # 1 Proposed Order)(Cocis, Nicolai) (Entered: 10/16/2021)

1 Proposed Order

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Oct. 16, 2021

Oct. 16, 2021

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MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Benjamin T. Barr, Filing fee $ 100, receipt number ADCDC-8805498. Fee Status: Fee Paid. by BRANDON J. STRAKA. (Attachments: # 1 Affidavit of Benjamin T. Barr, # 2 Text of Proposed Order)(Klein, Stephen) (Entered: 10/18/2021)

1 Affidavit of Benjamin T. Barr

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2 Text of Proposed Order

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Oct. 18, 2021

Oct. 18, 2021

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NOTICE of Appearance by John Daniel Hull, IV on behalf of JOSEPH R. BIGGS (Hull, John) (Entered: 10/18/2021)

Oct. 18, 2021

Oct. 18, 2021

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MINUTE ORDER. Four individual defendants--Zachary Rehl, Ethan Nordean, Russell Taylor, and Derek Kinnison--have filed motions to stay these proceedings. See ECF Nos. 24, 37, 44, 53 . At present, oppositions to Rehl's and Nordean's motions are due on October 25, 2021. Minute Order, Oct. 13, 2021. Plaintiffs shall respond to all motions to stay by October 25, 2021, in a consolidate brief. Defendants may file separate replies by November 1, 2021. Signed by Judge Amit P. Mehta on 10/18/2021. (lcapm3)

Oct. 18, 2021

Oct. 18, 2021

MINUTE ORDER. Four individual defendants--Zachary Rehl, Ethan Nordean, Russell Taylor, and Derek Kinnison--have filed motions to stay these proceedings. See ECF Nos. 24, 37, 44, 53. At present, oppositions to Rehl's and Nordean's motions are due on October 25, 2021. Minute Order, Oct. 13, 2021. Plaintiffs shall respond to all motions to stay by October 25, 2021, in a consolidate brief. Defendants may file separate replies by November 1, 2021. Signed by Judge Amit P. Mehta on 10/18/2021. (lcapm3)

Oct. 18, 2021

Oct. 18, 2021

Order on Motion for Leave to Appear Pro Hac Vice

Oct. 18, 2021

Oct. 18, 2021

MINUTE ORDER granting 54 Motion for Leave to Appear Pro Hac Vice. Attorney Benjamin T. Barr is hereby admitted pro hac vice to appear in this matter. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Click for instructions. Signed by Judge Amit P. Mehta on 10/18/2021. (lcapm3)

Oct. 18, 2021

Oct. 18, 2021

.Order

Oct. 18, 2021

Oct. 18, 2021

56

Memorandum in opposition to re 31 MOTION to Strike 1 Complaint,, under Rule 12(f) immaterial, impertinent, or scandalous matter calling Defendants racist or White supremacists, 36 Supplemental MOTION to Strike 31 MOTION to Strike 1 Complaint,, under Rule 12(f) immaterial, impertinent, or scandalous matter calling Defendants racist or White supremacists, 1 Complaint,, filed by JASON DEROCHE, BYRON EVANS, MICHAEL FORTUNE, GOVERNOR LATSON, MELISSA MARSHALL, DANNY MCELROY, CONRAD SMITH. (Attachments: # 1 Text of Proposed Order)(Caspar, Edward) (Entered: 10/19/2021)

1 Text of Proposed Order

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Oct. 19, 2021

Oct. 19, 2021

RECAP
57

NOTICE of Appearance by Benjamin Barr on behalf of BRANDON J. STRAKA (Barr, Benjamin) (Entered: 10/20/2021)

Oct. 20, 2021

Oct. 20, 2021

RECAP
59

MOTION for Briefing Schedule by JASON DEROCHE, BYRON EVANS, MICHAEL FORTUNE, GOVERNOR LATSON, MELISSA MARSHALL, DANNY MCELROY, CONRAD SMITH. (Attachments: # 1 Text of Proposed Order)(Caspar, Edward) (Entered: 10/22/2021)

1 Text of Proposed Order

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Oct. 22, 2021

Oct. 22, 2021

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60

Unopposed MOTION for Extension of Time to File Response/Reply as to 48 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction by JASON DEROCHE, BYRON EVANS, MICHAEL FORTUNE, GOVERNOR LATSON, MELISSA MARSHALL, DANNY MCELROY, CONRAD SMITH. (Attachments: # 1 Text of Proposed Order)(Caspar, Edward) (Entered: 10/22/2021)

1 Text of Proposed Order

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Oct. 22, 2021

Oct. 22, 2021

RECAP
61

Memorandum in opposition to re 44 First MOTION to Stay, 53 MOTION to Stay, 24 MOTION to Stay of case pending criminal trials of most Defendants, 37 MOTION to Stay re 1 Complaint,, re 90-day stay of case filed by JASON DEROCHE, BYRON EVANS, MICHAEL FORTUNE, GOVERNOR LATSON, MELISSA MARSHALL, DANNY MCELROY, CONRAD SMITH. (Attachments: # 1 Text of Proposed Order)(Brody, David) (Entered: 10/25/2021)

1 Text of Proposed Order

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Oct. 25, 2021

Oct. 25, 2021

RECAP

MINUTE ORDER granting in part Plaintiffs' 59 Motion for a Consolidated Briefing Schedule. The court enters the following schedule for further proceedings. Any Defendant who has yet to answer or otherwise respond to the Complaint shall do so by November 12, 2021. In the event that Plaintiffs do not file an Amended Complaint as a matter of right by December 3, 2021, see Fed. R. Civ. P. 15(a)(1)(B), they shall file an consolidated opposition brief to all motions to dismiss by December 17, 2021, not to exceed 65 pages. Any reply brief not to exceed 25 pages shall be filed by January 14, 2021. If Plaintiffs file an Amended Complaint as a matter of right, the court will enter the schedule requested by Plaintiffs' motion. Signed by Judge Amit P. Mehta on 10/24/2021. (lcapm3)

Oct. 25, 2021

Oct. 25, 2021

Order on Motion for Briefing Schedule

Oct. 25, 2021

Oct. 25, 2021

MINUTE ORDER. As a result of the court's prior Minute Order, Plaintiffs' 60 Unopposed Motion for Extension of Time to File Response/Reply to Defendant Brandon J. Straka's 48 Motion to Dismiss is denied as moot. Signed by Judge Amit P. Mehta on 10/24/2021. (lcapm3)

Oct. 25, 2021

Oct. 25, 2021

Order on Motion for Extension of Time to File Response/Reply

Oct. 25, 2021

Oct. 25, 2021

62

REPLY to opposition to motion re 31 MOTION to Strike 1 Complaint,, under Rule 12(f) immaterial, impertinent, or scandalous matter calling Defendants racist or White supremacists filed by ZACHARY REHL. (Attachments: # 1 Exhibit Exhibit A: Current Website of Proud Boys of Philadelphia, # 2 Exhibit Exhibit B: Website of Proud Boys of Philadelphia as of December 1 2020, # 3 Exhibit Exhibit C: Bylaws of Philadelphia Proud Boys)(Moseley, Jonathon) (Entered: 10/26/2021)

1 Exhibit Exhibit A: Current Website of Proud Boys of Philadelphia

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2 Exhibit Exhibit B: Website of Proud Boys of Philadelphia as of December 1 2020

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3 Exhibit Exhibit C: Bylaws of Philadelphia Proud Boys

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Oct. 26, 2021

Oct. 26, 2021

RECAP
63

REPLY to opposition to motion re 37 MOTION to Stay re 1 Complaint,, re 90-day stay of case filed by ETHAN NORDEAN. (Smith, Nicholas) (Entered: 10/27/2021)

Oct. 27, 2021

Oct. 27, 2021

RECAP
64

MOTION to Clarify Consolidated Briefing Schedule Given Rule 12(a)(1)(A)(ii) and the 60-day Response Rule by FELIPE ANTONIO MARTINEZ. (Attachments: # 1 Exhibit 1)(Smith, Nicholas) (Entered: 10/29/2021)

1 Exhibit 1

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Oct. 29, 2021

Oct. 29, 2021

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65

WAIVER OF SERVICE. FELIPE ANTONIO MARTINEZ waiver sent on 10/27/2021, answer due 12/26/2021. (Caspar, Edward) (Entered: 10/29/2021)

Oct. 29, 2021

Oct. 29, 2021

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66

RESPONSE re 64 MOTION to Clarify Consolidated Briefing Schedule Given Rule 12(a)(1)(A)(ii) and the 60-day Response Rule filed by JASON DEROCHE, BYRON EVANS, MICHAEL FORTUNE, GOVERNOR LATSON, MELISSA MARSHALL, DANNY MCELROY, CONRAD SMITH. (Attachments: # 1 Text of Proposed Order)(Caspar, Edward) (Entered: 10/30/2021)

1 Text of Proposed Order

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Oct. 30, 2021

Oct. 30, 2021

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67

REPLY to opposition to motion re 64 MOTION to Clarify Consolidated Briefing Schedule Given Rule 12(a)(1)(A)(ii) and the 60-day Response Rule filed by FELIPE ANTONIO MARTINEZ. (Smith, Nicholas) (Entered: 10/30/2021)

Oct. 30, 2021

Oct. 30, 2021

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68

NOTICE of Appearance by John Daniel Hull, IV on behalf of ENRIQUE TARRIO (Hull, John) (Entered: 11/01/2021)

Nov. 1, 2021

Nov. 1, 2021

RECAP
69

REPLY to opposition to motion re 44 First MOTION to Stay filed by RUSSELL TAYLOR. (Attachments: # 1 Exhibit Exhibit 1)(Huish, Dyke) (Entered: 11/01/2021)

1 Exhibit Exhibit 1

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Nov. 1, 2021

Nov. 1, 2021

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71

Letter from Erik Scott Warner "Let this be filed" Signed by Judge Amit P. Mehta on 11/01/2021. (eg) (Entered: 11/04/2021)

Nov. 1, 2021

Nov. 1, 2021

RECAP

MINUTE ORDER denying as moot Defendant Martinez's Motion to Clarify. The schedule entered on October 25, 2021, applies only to Defendants who were served or consented to service by that date. It does not apply to any Defendant who was served or agreed to service after October 25, 2021, so it would not appear to apply to Defendant Martinez. According to the docket, Defendant Martinez's response is due December 26, 2021. Signed by Judge Amit P. Mehta on 10/31/2021. (lcapm3)

Nov. 1, 2021

Nov. 1, 2021

Order on Motion to Clarify

Nov. 1, 2021

Nov. 1, 2021

Case Details

State / Territory:

District of Columbia

Case Type(s):

Election/Voting Rights

Key Dates

Filing Date: Aug. 26, 2021

Case Ongoing: Yes

Case Details

Other Dockets:

District of District of Columbia 1:21-CV-02265