Pearson v. Kemp (1:20-cv-04809)
District Court, N.D. Georgia
Document Number
1
Nov 25, 2020
COMPLAINT for Declaratory, Emergency, and Permanent Injunctive Relief, filed by Gloria Kay Godwin, Vikki Townsend Consiglio, Coreco Jaqan Pearson, James Kenneth Carroll, Carolyn Hall Fisher, Cathleen Alston Latham, Brian Jay Van Gundy. (Filing fee $400, receipt number AGANDC-10418604) (Attachments: # 1 Exhibit Affidavit Exh. 1, Report of William Briggs, # 2 Exhibit Affidavit Redacted Affidavit, # 3 Exhibit Affidavit of Anna Mercedes Diaz Cardozo, # 4 Exhibit Affidavit Declaration of Harri Hursti, # 5 Exhibit Affidavit Embedded Declaration of Harri Hursti, # 6 Exhibit Exhibit SoS Certification of Dominion Voting Systems Democracy Suite 5.5-A, # 7 Exhibit Exhibit Pro V&V Test Report, # 8 Exhibit Exhibit Study "Ballot-Marking Devices (BMDs) Cannot Assure the Will of the, # 9 Exhibit Affidavit Redacted Affidavit of Cyber-Security Expert, # 10 Exhibit Affidavit Affidavit of Russell Ramsland, # 11 Exhibit Affidavit of Mayra Romera, # 12 Exhibit Affidavit of Maria Diedrich, # 13 Exhibit Affidavit of Maria Diedrich, # 14 Exhibit Affidavit of Ursula Wolf, # 15 Exhibit Affidavit of Nicholas J. Zeher, # 16 Exhibit Affidavit of Susan Voyles, # 17 Exhibit Affidavit of Ibrahim Reyes, # 18 Exhibit Affidavit of Consetta Johnson, # 19 Exhibit Affidavit of Carlos Silva, # 20 Exhibit Affidavit of Andrea O'Neal, # 21 Exhibit Affidavit of Deborah Fisher, # 22 Exhibit Affidavit of Kevin Peterford, # 23 Exhibit Report of Texas Secretary of State Rejecting Dominion Voting Systems, # 24 Exhibit Letter of Rep. Maloney to Smarmatic, # 25 Exhibit Affidavit of Juan Carlos Cobucci, # 26 Exhibit Senator Warren et al letter re: Dominion Voting Systems, # 27 Exhibit Affidavit of of Eric Quinnell, # 28 Exhibit Affidavit of Mitchell Harrison, # 29 Exhibit Affidavit of Michelle Branton, # 30 Civil Cover Sheet)(rvb) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions and Pretrial Associated Forms which includes the Consent To Proceed Before U.S. Magistrate form. Modified on 11/27/2020 to add relief text (rvb). (Entered: 11/27/2020)
Complaint
Exhibit Affidavit Exh. 1, Report of William Briggs
Exhibit Affidavit Redacted Affidavit
Exhibit Affidavit of Anna Mercedes Diaz Cardozo
Exhibit Affidavit Declaration of Harri Hursti
Exhibit Affidavit Embedded Declaration of Harri Hursti
Exhibit Exhibit SoS Certification of Dominion Voting Systems Democracy Suite 5.5
Exhibit Exhibit Pro V&V Test Report
Exhibit Exhibit Study "Ballot-Marking Devices (BMDs) Cannot Assure the Will
Exhibit Affidavit Redacted Affidavit of Cyber-Security Expert
Exhibit Affidavit Affidavit of Russell Ramsland
Exhibit Affidavit of Mayra Romera
Exhibit Affidavit of Maria Diedrich
Exhibit Affidavit of Maria Diedrich
Exhibit Affidavit of Ursula Wolf
Exhibit Affidavit of Nicholas J. Zeher
Exhibit Affidavit of Susan Voyles
Exhibit Affidavit of Ibrahim Reyes
Exhibit Affidavit of Consetta Johnson
Exhibit Affidavit of Carlos Silva
Exhibit Affidavit of Andrea O'Neal
Exhibit Affidavit of Deborah Fisher
Exhibit Affidavit of Kevin Peterford
Exhibit Report of Texas Secretary of State Rejecting Dominion Voting Systems
Exhibit Letter of Rep. Maloney to Smarmatic
Exhibit Affidavit of Juan Carlos Cobucci
Exhibit Senator Warren et al letter re: Dominion Voting Systems
Exhibit Affidavit of of Eric Quinnell
Exhibit Affidavit of Mitchell Harrison
Exhibit Affidavit of Michelle Branton
Civil Cover Sheet
2
Nov 27, 2020
EIGHTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONAVIRUS. Signed by Judge Thomas W. Thrash, Jr. on 09/28/2020. (rvb) (Entered: 11/27/2020)
Order
Nov 27, 2020
Submission of 1 Complaint, to District Judge Timothy C. Batten Sr. (rvb)
Submission to District Judge
3
Nov 27, 2020
PROPOSED SUMMONS filed by James Kenneth Carroll, Vikki Townsend Consiglio, Carolyn Hall Fisher, Gloria Kay Godwin, Cathleen Alston Latham, Coreco Jaqan Pearson, Brian Jay Van Gundy (Attachments: # 1 Summons Proposed Summons for Anh Le, # 2 Summons Proposed Summons for Matthew Mashburn, # 3 Summons Proposed Summons for Brad Raffensberger, # 4 Summons Proposed Summons for Rebecca N. Sullivan, # 5 Summons Proposed Summons for David J. Worley, # 6 Summons Proposed Summons for Brian Kemp)(MacDougald, Harry) (Entered: 11/27/2020)
Proposed Summons
Summons Proposed Summons for Anh Le
Summons Proposed Summons for Matthew Mashburn
Summons Proposed Summons for Brad Raffensberger
Summons Proposed Summons for Rebecca N. Sullivan
Summons Proposed Summons for David J. Worley
Summons Proposed Summons for Brian Kemp
4
Nov 27, 2020
Certificate of Interested Persons by James Kenneth Carroll, Vikki Townsend Consiglio, Carolyn Hall Fisher, Gloria Kay Godwin, Cathleen Alston Latham, Coreco Jaqan Pearson, Brian Jay Van Gundy. (MacDougald, Harry) (Entered: 11/27/2020)
Certificate of Interested Persons
5
Nov 27, 2020
MOTION for Leave to File Matters Under Seal re: 1 Complaint,,,,,,,, with Brief In Support by James Kenneth Carroll, Vikki Townsend Consiglio, Carolyn Hall Fisher, Gloria Kay Godwin, Cathleen Alston Latham, Coreco Jaqan Pearson, Brian Jay Van Gundy. (Attachments: # 1 Exhibit Redacted Exh. 2 from Complaint, # 2 Exhibit Redacted Exh.8 from the Complaint, # 3 Exhibit Exh. A, Joint Cybersecurity Advisory Iranian Advanced Persistent Threat Actor Identified Obtaining Voter Registration Data, # 4 Text of Proposed Order Proposed Order)(MacDougald, Harry) (Entered: 11/27/2020)
Motion for Leave to File Matters Under Seal
Exhibit Redacted Exh. 2 from Complaint
Exhibit Redacted Exh.8 from the Complaint
Exhibit Exh. A, Joint Cybersecurity Advisory Iranian Advanced Persistent Threat
Text of Proposed Order Proposed Order
6
Nov 27, 2020
MOTION for Temporary Restraining Order IMMEDIATE HEARING REQUESTED, MOTION for Preliminary Injunction with Brief In Support by James Kenneth Carroll, Vikki Townsend Consiglio, Carolyn Hall Fisher, Gloria Kay Godwin, Cathleen Alston Latham, Coreco Jaqan Pearson, Brian Jay Van Gundy. (Attachments: # 1 Affidavit Declaration of Dr. Shiva Ayyadurai, # 2 Exhibit Joint CyberSecurity Advisory Exhibit, # 3 Text of Proposed Order)(MacDougald, Harry) (Entered: 11/27/2020)
Motion for TRO
Affidavit Declaration of Dr. Shiva Ayyadurai
Exhibit Joint CyberSecurity Advisory Exhibit
Text of Proposed Order
7
Nov 29, 2020
NOTICE Of Filing Emergency Injunctive Relief by James Kenneth Carroll, Vikki Townsend Consiglio, Carolyn Hall Fisher, Gloria Kay Godwin, Cathleen Alston Latham, Coreco Jaqan Pearson, Brian Jay Van Gundy re 6 MOTION for Temporary Restraining Order IMMEDIATE HEARING REQUESTED MOTION for Preliminary Injunction (Attachments: # 1 Affidavit Redacted Declaration)(MacDougald, Harry) (Entered: 11/29/2020)
Notice of Filing
Affidavit Redacted Declaration
8
Nov 29, 2020
Electronic Summons Issued as to Rebecca N. Sullivan. (rsh) (Entered: 11/29/2020)
Electronic Summons Issued
9
Nov 29, 2020
Electronic Summons Issued as to Matthew Mashburn. (rsh) (Entered: 11/29/2020)
Electronic Summons Issued
10
Nov 29, 2020
Electronic Summons Issued as to David J. Worley. (rsh) (Entered: 11/29/2020)
Electronic Summons Issued
11
Nov 29, 2020
Electronic Summons Issued as to Brian Kemp. (rsh) (Entered: 11/29/2020)
Electronic Summons Issued
12
Nov 29, 2020
Electronic Summons Issued as to Brad Raffensperger. (rsh) (Entered: 11/29/2020)
Electronic Summons Issued
13
Nov 29, 2020
Electronic Summons Issued as to Anh Le. (rsh) (Entered: 11/29/2020)
Electronic Summons Issued
14
Nov 29, 2020
ORDER. Please see Order for further specifics and details. Signed by Judge Timothy C. Batten, Sr. on 11/29/2020. (usw) (Entered: 11/29/2020)
Order
18
Nov 29, 2020
Minute Entry for proceedings held before Judge Timothy C. Batten, Sr.: Telephone Conference via ZOOM held on 11/29/2020 re briefing, scheduling, and Plaintiff's request to forensically inspect county voting machines. (Court Reporter Lori Burgess)(dmb) (Entered: 11/30/2020)
Telephone Conference
15
Nov 30, 2020
1292(b) ORDER - Please see order for specifics and details. Signed by Judge Timothy C. Batten, Sr. on 11/30/2020. (usw) (Entered: 11/30/2020)
Order
16
Nov 30, 2020
NOTICE of Appearance by Charlene S McGowan on behalf of Brian Kemp, Anh Le, Matthew Mashburn, Brad Raffensperger, Rebecca N. Sullivan, David J. Worley (McGowan, Charlene) (Entered: 11/30/2020)
Notice of Appearance
17
Nov 30, 2020
ORDER Setting Hearing on Motion 6 MOTION for Temporary Restraining Order IMMEDIATE HEARING REQUESTED and MOTION for Preliminary Injunction : Motion Hearing set for 12/4/2020 at 10:00 AM in ATLA Courtroom 2106 before Judge Timothy C. Batten Sr. The Court sets the following schedule: Defendants' brief in opposition to the claims in Plaintiffs' complaint will be due on 12/2/2020, by 5:00 p.m. EST. Any reply brief will be due 12/3/2020 by 5:00 p.m. EST. Signed by Judge Timothy C. Batten, Sr. on 11/30/2020. (dmb) (Entered: 11/30/2020)
Order Setting Hearing on Motion
19
Nov 30, 2020
APPLICATION for Admission of Howard Kleinhendler Pro Hac Vice (Application fee $ 150, receipt number AGANDC-10426686).by James Kenneth Carroll, Vikki Townsend Consiglio, Carolyn Hall Fisher, Gloria Kay Godwin, Cathleen Alston Latham, Coreco Jaqan Pearson, Brian Jay Van Gundy. (MacDougald, Harry) Documents for this entry are not available for viewing outside the courthouse. (Entered: 11/30/2020)
Main Doc
Application for Admission Pro Hac Vice
Nov 30, 2020
APPROVAL by Clerks Office re: 19 APPLICATION for Admission of Howard Kleinhendler Pro Hac Vice (Application fee $ 150, receipt number AGANDC-10426686).. Attorney Howard Kleinhendler added appearing on behalf of James Kenneth Carroll, Vikki Townsend Consiglio, Carolyn Hall Fisher, Gloria Kay Godwin, Cathleen Alston Latham, Coreco Jaqan Pearson, Brian Jay Van Gundy (nmb)
Approval of Application for Admission Pro Hac Vice
20
Nov 30, 2020
MOTION to Intervene with Brief In Support by Democratic Party of Georgia, Inc., DSCC, DCCC. (Attachments: # 1 Exhibit A: Proposed Intervenors' Proposed Motion to Dismiss, # 2 Exhibit B: Proposed Intervenors' Brief in Support of Proposed Motion to Dismiss, # 3 Exhibit C: Proposed Intervenors' Proposed Answer to Complaint)(Sparks, Adam) (Entered: 11/30/2020)
Motion to Intervene
Exhibit A: Proposed Intervenors' Proposed Motion to Dismiss
Exhibit B: Proposed Intervenors' Brief in Support of Proposed Motion to Di
Exhibit C: Proposed Intervenors' Proposed Answer to Complaint
21
Nov 30, 2020
NOTICE of Appearance by Russell D. Willard on behalf of Brian Kemp, Anh Le, Matthew Mashburn, Brad Raffensperger, Rebecca N. Sullivan, David J. Worley (Willard, Russell) (Entered: 11/30/2020)
Notice of Appearance
22
Nov 30, 2020
AMENDED 1292(b) ORDER - Please see order for specifics and details. Signed by Judge Timothy C. Batten, Sr. on 11/30/2020. (dmb) (Entered: 11/30/2020)
Order
Nov 30, 2020
MINUTE ORDER granting Howard Kleinhendler's 19 Application for Admission Pro Hac Vice. Entered by CRD at the direction of Judge Timothy C. Batten, Sr. If the applicant does not have CM/ECF access in the Northern District of Georgia already, they must request access at http://pacer.gov. If they have electronically filed in this district in a previous case, please omit this step.(usw)
Nov 30, 2020
Clerks Notation re 4 Certificate of Interested Persons. Reviewed and approved by Judge Timothy C. Batten, Sr. (usw)
23
Nov 30, 2020
TRANSCRIPT of Proceedings held on 11/29/2020, before Judge Timothy C. Batten, Sr.. Court Reporter/Transcriber Lori Burgess. A full directory of court reporters and their contact information can be found at www.gand.uscourts.gov/directory-court-reporters. 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 12/21/2020. Redacted Transcript Deadline set for 12/31/2020. Release of Transcript Restriction set for 3/1/2021. (Attachments: # 1 Notice of Filing Transcript) (llb) (Entered: 11/30/2020)
Main Doc
Transcript
Notice of Filing Transcript
24
Nov 30, 2020
APPLICATION for Admission of Julia Z. Haller Pro Hac Vice (Application fee $ 150, receipt number AGANDC-10429766).by James Kenneth Carroll, Vikki Townsend Consiglio, Carolyn Hall Fisher, Gloria Kay Godwin, Cathleen Alston Latham, Coreco Jaqan Pearson, Brian Jay Van Gundy. (MacDougald, Harry) Documents for this entry are not available for viewing outside the courthouse. (Entered: 11/30/2020)
Main Doc
Application for Admission Pro Hac Vice
25
Dec 1, 2020
Certificate of Interested Persons by DCCC, DSCC, Democratic Party of Georgia, Inc.. (Sparks, Adam) (Entered: 12/01/2020)
Certificate of Interested Persons
Dec 1, 2020
Clerks Notation re 25 Certificate of Interested Persons. Reviewed and approved by Judge Timothy C. Batten, Sr. (usw)
26
Dec 1, 2020
APPLICATION for Admission of Amanda J. Beane Pro Hac Vice (Application fee $ 150, receipt number AGANDC-10432164).by DCCC, DSCC, Democratic Party of Georgia, Inc.. (Sparks, Adam) Documents for this entry are not available for viewing outside the courthouse. (Entered: 12/01/2020)
Main Doc
Application for Admission Pro Hac Vice
27
Dec 1, 2020
APPLICATION for Admission of Amanda R. Callais Pro Hac Vice (Application fee $ 150, receipt number AGANDC-10432211).by DCCC, DSCC, Democratic Party of Georgia, Inc.. (Sparks, Adam) Documents for this entry are not available for viewing outside the courthouse. (Entered: 12/01/2020)
Main Doc
Application for Admission Pro Hac Vice
28
Dec 1, 2020
APPLICATION for Admission of Kevin J. Hamilton Pro Hac Vice (Application fee $ 150, receipt number AGANDC-10432219).by DCCC, DSCC, Democratic Party of Georgia, Inc.. (Sparks, Adam) Documents for this entry are not available for viewing outside the courthouse. (Entered: 12/01/2020)
Main Doc
Application for Admission Pro Hac Vice
29
Dec 1, 2020
APPLICATION for Admission of Marc E. Elias Pro Hac Vice (Application fee $ 150, receipt number AGANDC-10432230).by DCCC, DSCC, Democratic Party of Georgia, Inc.. (Sparks, Adam) Documents for this entry are not available for viewing outside the courthouse. (Entered: 12/01/2020)
Main Doc
Application for Admission Pro Hac Vice
30
Dec 1, 2020
APPLICATION for Admission of Matthew Mertens Pro Hac Vice (Application fee $ 150, receipt number AGANDC-10432239).by DCCC, DSCC, Democratic Party of Georgia, Inc.. (Sparks, Adam) Documents for this entry are not available for viewing outside the courthouse. (Entered: 12/01/2020)
Main Doc
Application for Admission Pro Hac Vice
Dec 1, 2020
APPROVAL by Clerks Office re: 24 APPLICATION for Admission of Julia Z. Haller Pro Hac Vice (Application fee $ 150, receipt number AGANDC-10429766).. Attorney Julia Z. Haller added appearing on behalf of James Kenneth Carroll, Vikki Townsend Consiglio, Carolyn Hall Fisher, Gloria Kay Godwin, Cathleen Alston Latham, Coreco Jaqan Pearson, Brian Jay Van Gundy (nmb)
31
Dec 1, 2020
NOTICE Of Filing by James Kenneth Carroll, Vikki Townsend Consiglio, Carolyn Hall Fisher, Gloria Kay Godwin, Cathleen Alston Latham, Coreco Jaqan Pearson, Brian Jay Van Gundy (Attachments: # 1 Affidavit Declaration of Ronald Watkins)(MacDougald, Harry) (Entered: 12/01/2020)
Notice of Filing
Affidavit Declaration of Ronald Watkins
32
Dec 1, 2020
NOTICE OF APPEAL as to 14 Order by James Kenneth Carroll, Vikki Townsend Consiglio, Carolyn Hall Fisher, Gloria Kay Godwin, Cathleen Alston Latham, Coreco Jaqan Pearson, Brian Jay Van Gundy. Filing fee $ 505, receipt number AGANDC-10432999. Transcript Order Form due on 12/15/2020 (MacDougald, Harry) Modified on 12/2/2020 to correct filing fee amount (pjm). (Entered: 12/01/2020)
Notice of Appeal
33
Dec 1, 2020
NOTICE Of Filing NOA Transmittal Letter re: 32 Notice of Appeal. (pjm) (Entered: 12/01/2020)
Notice of Filing
34
Dec 1, 2020
Transmission of Certified Copy of Notice of Appeal, USCA Appeal Fees, Order and Docket Sheet to US Court of Appeals re: 32 Notice of Appeal. (pjm) (Entered: 12/01/2020)
Transmission of Notice of Appeal and Docket Sheet to USCA
35
Dec 1, 2020
AMENDED ANSWER to Complaint (Proposed) of Proposed Intervenor-Defendants by DCCC, DSCC, Democratic Party of Georgia, Inc.. (Sparks, Adam) (Entered: 12/01/2020)
Amended Answer to Complaint
36
Dec 1, 2020
USCA Acknowledgment of 32 Notice of Appeal, filed by Cathleen Alston Latham, James Kenneth Carroll, Carolyn Hall Fisher, Coreco Jaqan Pearson, Brian Jay Van Gundy, Gloria Kay Godwin and Vikki Townsend Consiglio. Case Appealed to USCA- 11th Circuit. Case Number 20-14480-RR. (pjm) (Entered: 12/01/2020)
USCA Acknowledgment
37
Dec 1, 2020
ORDER STAYING 17 Order Setting Hearing on Motion. Signed by Judge Timothy C. Batten, Sr. on 12/01/2020. (usw) (Entered: 12/01/2020)
Order
Dec 2, 2020
MINUTE ORDER granting Julia Z. Haller's 24 Application for Admission Pro Hac Vice. Entered by CRD at the direction of Judge Timothy C. Batten, Sr. If the applicant does not have CM/ECF access in the Northern District of Georgia already, they must request access at http://pacer.gov. If they have electronically filed in this district in a previous case, please omit this step.(usw)
Dec 2, 2020
APPROVAL by Clerks Office re: 26 APPLICATION for Admission of Amanda J. Beane Pro Hac Vice (Application fee $ 150, receipt number AGANDC-10432164).. Attorney Amanda J. Beane added appearing on behalf of DCCC, DSCC, Democratic Party of Georgia, Inc. (nmb)
Dec 2, 2020
APPROVAL by Clerks Office re: 27 APPLICATION for Admission of Amanda R. Callais Pro Hac Vice (Application fee $ 150, receipt number AGANDC-10432211).. Attorney Amanda R. Callais added appearing on behalf of DCCC, DSCC, Democratic Party of Georgia, Inc. (nmb)
Dec 2, 2020
APPROVAL by Clerks Office re: 28 APPLICATION for Admission of Kevin J. Hamilton Pro Hac Vice (Application fee $ 150, receipt number AGANDC-10432219).. Attorney Kevin J. Hamilton added appearing on behalf of DCCC, DSCC, Democratic Party of Georgia, Inc. (nmb)
Dec 2, 2020
APPROVAL by Clerks Office re: 29 APPLICATION for Admission of Marc E. Elias Pro Hac Vice (Application fee $ 150, receipt number AGANDC-10432230).. Attorney Marc E. Elias added appearing on behalf of DCCC, DSCC, Democratic Party of Georgia, Inc. (nmb)
Dec 2, 2020
APPROVAL by Clerks Office re: 30 APPLICATION for Admission of Matthew Mertens Pro Hac Vice (Application fee $ 150, receipt number AGANDC-10432239).. Attorney Matthew Joseph Mertens added appearing on behalf of DCCC, DSCC, Democratic Party of Georgia, Inc. (nmb)
38
Dec 2, 2020
RESPONSE in Opposition re 20 MOTION to Intervene filed by James Kenneth Carroll, Vikki Townsend Consiglio, Carolyn Hall Fisher, Gloria Kay Godwin, Cathleen Alston Latham, Coreco Jaqan Pearson, Brian Jay Van Gundy. (MacDougald, Harry) (Entered: 12/02/2020)
Response in Opposition to Motion
39
Dec 2, 2020
USCA Order: Appellants' "Emergency Motion for expedited briefing schedule and Review" filed by Appellants Coreco Ja'Qan Pearson, Vikki Townsend Consiglio, Gloria Kay Godwin, James Kenneth Carroll, Carolyn Hall Fisher, Cathleen Alston Latham and Brian Jay Van Gundy is GRANTED re: 32 Notice of Appeal, filed by Cathleen Alston Latham, James Kenneth Carroll, Carolyn Hall Fisher, Coreco Jaqan Pearson, Brian Jay Van Gundy, Gloria Kay Godwin and Vikki Townsend Consiglio. Case Appealed to USCA- 11th Circuit. Case Number 20-14480-RR. (pjm) (Entered: 12/02/2020)
USCA Order
40
Dec 2, 2020
ORDER POSTPONING this Court's December 4th hearing, until further order of the Court. Signed by Judge Timothy C. Batten, Sr. on 12/02/2020. (usw) (Entered: 12/02/2020)
Order
41
Dec 2, 2020
Emergency MOTION to Intervene by DCCC, DSCC, Democratic Party of Georgia, Inc.. (Callais, Amanda) (Entered: 12/02/2020)
Motion to Intervene
42
Dec 3, 2020
ORDER granting 20 Motion to Intervene; 41 Emergency Motion to Intervene by The Democratic Party of Georgia, the DSCC and the DCCC. The Clerk is directed to add these entities as parties and to docket their proposed motion to dismiss [20-1], brief in support of motion to dismiss [20-2], and answer [20-3]. Signed by Judge Timothy C. Batten, Sr. on 12/3/20. (rsh) (Entered: 12/03/2020)
Order on Motion to Intervene
43
Dec 3, 2020
MOTION to Dismiss by DCCC, DSCC, Democratic Party of Georgia, Inc. (Attachments: # 1 Brief in Support)(rsh) (Entered: 12/03/2020)
Motion to Dismiss
Brief in Support
44
Dec 3, 2020
ANSWER to COMPLAINT by DCCC, DSCC, Democratic Party of Georgia, Inc. Discovery ends on 5/3/2021.(rsh) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. (Entered: 12/03/2020)
Answer to Complaint
45
Dec 3, 2020
NOTICE Of Filing Evidence by James Kenneth Carroll, Vikki Townsend Consiglio, Carolyn Hall Fisher, Gloria Kay Godwin, Cathleen Alston Latham, Coreco Jaqan Pearson (Attachments: # 1 Exhibit Expert Report of Matthew Braynard, # 2 Affidavit Declaration of Eric Quinnell, Ph.D. and S. Stanley Young, Ph.D., # 3 Affidavit Affidavit of Benjamin O. Overholt, Ph.D.)(MacDougald, Harry) (Entered: 12/03/2020)
Notice of Filing
Exhibit Expert Report of Matthew Braynard
Affidavit Declaration of Eric Quinnell, Ph.D. and S. Stanley Young, Ph.D.
Affidavit Affidavit of Benjamin O. Overholt, Ph.D.
Dec 3, 2020
MINUTE ORDER granting Amanda J. Beane {26], Amanda R. Callais 27, Kevin J. Hamilton 28, Mark E. Elias 29, and Matthew Mertens's 30 Application for Admission Pro Hac Vice. Entered by CRD at the direction of Judge Timothy C. Batten, Sr. If the applicant does not have CM/ECF access in the Northern District of Georgia already, they must request access at http://pacer.gov. If they have electronically filed in this district in a previous case, please omit this step.(usw)
46
Dec 3, 2020
NOTICE OF CROSS APPEAL as to 14 Order by Brian Kemp, Anh Le, Matthew Mashburn, Brad Raffensperger, Rebecca N. Sullivan, David J. Worley. Filing fee $ 505, receipt number AGANDC-10445305. Transcript Order Form due on 12/14/2020 (McGowan, Charlene) (Entered: 12/03/2020)
Notice of Cross Appeal
47
Dec 3, 2020
NOTICE Of Filing NOA Transmittal Letter re: 46 Notice of Cross Appeal. (pjm) (Entered: 12/03/2020)
Notice of Filing
48
Dec 3, 2020
Transmission of Certified Copy of Notice of Cross Appeal, USCA Appeal Fees, Order and Docket Sheet to US Court of Appeals re: 46 Notice of Cross Appeal. (pjm) (Entered: 12/03/2020)
Transmission of Notice of Appeal and Docket Sheet to USCA
49
Dec 3, 2020
NOTICE of Appearance by Carey Allen Miller on behalf of Brian Kemp, Anh Le, Matthew Mashburn, Brad Raffensperger, Rebecca N. Sullivan, David J. Worley (Miller, Carey) (Entered: 12/03/2020)
Notice of Appearance
50
Dec 3, 2020
NOTICE of Appearance by Joshua Barrett Belinfante on behalf of Brian Kemp, Matthew Mashburn, Brad Raffensperger, Rebecca N. Sullivan, David J. Worley (Belinfante, Joshua) (Entered: 12/03/2020)
Notice of Appearance
51
Dec 3, 2020
NOTICE of Appearance by Melanie Leigh Johnson on behalf of Brian Kemp, Anh Le, Matthew Mashburn, Brad Raffensperger, Rebecca N. Sullivan, David J. Worley (Johnson, Melanie) (Entered: 12/03/2020)
Notice of Appearance
52
Dec 3, 2020
Emergency MOTION Defendants' Emergency Motion for Relief from TRO 14 Order with Brief In Support by Brian Kemp, Anh Le, Matthew Mashburn, Brad Raffensperger, Rebecca N. Sullivan, David J. Worley. (Attachments: # 1 Exhibit Barnes Declaration, # 2 Exhibit Royston Declaration, # 3 Exhibit Eveler Declaration)(Miller, Carey) (Entered: 12/03/2020)
Motion for Miscellaneous Relief
Exhibit Barnes Declaration
Exhibit Royston Declaration
Exhibit Eveler Declaration
53
Dec 3, 2020
USCA Acknowledgment of 46 Notice of Cross Appeal, filed by Rebecca N. Sullivan, David J. Worley, Brian Kemp, Anh Le, Matthew Mashburn and Brad Raffensperger. Case Appealed to USCA- 11th Circuit. Case Number 20-14480-RR. (pjm) (Entered: 12/04/2020)
USCA Acknowledgment
54
Dec 4, 2020
USCA Order: Appellees Emergency Motion to Expedite Cross-Appeal and Consolidate Briefing is GRANTED re: 46 Notice of Cross Appeal, filed by Rebecca N. Sullivan, David J. Worley, Brian Kemp, Anh Le, Matthew Mashburn and Brad Raffensperger and 32 Notice of Appeal, filed by Cathleen Alston Latham, James Kenneth Carroll, Carolyn Hall Fisher, Coreco Jaqan Pearson, Brian Jay Van Gundy, Gloria Kay Godwin and Vikki Townsend Consiglio. Case Appealed to USCA- 11th Circuit. Case Number 20-14480-RR. (pjm) (Entered: 12/04/2020)
USCA Order
55
Dec 4, 2020
Emergency MOTION to Intervene with Brief In Support by John Mangano, Alice O'Lenick, Ben Satterfield, Wandy Taylor, Stephen Day. (Tyson, Bryan) (Entered: 12/04/2020)
Motion to Intervene
56
Dec 4, 2020
AMENDED SCHEDULING ORDER: Plaintiffs' complaint shall come before the Court for hearing on Monday, December 7, at 10:00 a.m., EST, in the ceremonial courtroom on the 23rd floor. Defendants' brief in opposition to the claims in Plaintiffs' complaint will be due on Saturday, December 5, by 9:00 p.m. EST. Any reply brief will be due on Sunday, December 6, by 6:00 p.m. EST. Plaintiffs are also directed to file their response brief to the pending motion 43 to dismiss by Sunday, December 6, at 6:00 p.m. EST. In light of the upcoming hearing, Defendants' emergency motion 52 to dissolve or alter the November 29 temporary restraining order is denied. This renders moot the Gwinnett County Board of Registrations and Electors members' pending emergency motion 55 to intervene. Therefore, that motion is denied. Signed by Judge Timothy C. Batten, Sr. on 12/4/20. (rsh) (Entered: 12/04/2020)
Scheduling Order
57
Dec 4, 2020
ORDER granting 5 Plaintiff's Motion for Leave to File Matters Under Seal. Affidavits are to be filed under seal until further order of the Court, and Plaintiffs are permitted to file these affidavits with the identifying information redacted in the public docket. Signed by Judge Timothy C. Batten, Sr. on 12/4/20. (rsh) (Entered: 12/04/2020)
Order on Motion for Leave to File Matters Under Seal
73
Dec 4, 2020
USCA Opinion received DISMISSING re: 46 Notice of Cross Appeal, filed by Rebecca N. Sullivan, David J. Worley, Brian Kemp, Anh Le, Matthew Mashburn, and Brad Raffensperger and 32 Notice of Appeal, filed by Cathleen Alston Latham, James Kenneth Carroll, Carolyn Hall Fisher, Coreco Jaqan Pearson, Brian Jay Van Gundy, Gloria Kay Godwin and Vikki Townsend Consiglio. In accordance with FRAP 41(b), the USCA mandate will issue at a later date. Case Appealed to USCA- 11th Circuit. Case Number 20-14480-RR. (pjm) (Entered: 12/07/2020)
USCA Opinion
58
Dec 5, 2020
RESPONSE in Opposition re 6 MOTION for Temporary Restraining Order IMMEDIATE HEARING REQUESTED MOTION for Preliminary Injunction Intervenor-Defendants' Response in Opposition to Plaintiffs' Emergency Motion filed by DCCC, DSCC, Democratic Party of Georgia, Inc.. (Sparks, Adam) (Entered: 12/05/2020)
Response in Opposition to Motion
59
Dec 5, 2020
NOTICE Of Filing by DCCC, DSCC, Democratic Party of Georgia, Inc. re 58 Response in Opposition to Motion, Affidavits in Support of Intervenor-Defendants' Resp. in Opp. to Pls.' Emergency Mot. (Attachments: # 1 Ex. 1. - Aff. of S. Valies, # 2 Ex. 2 - Aff. of A. Thomas, # 3 Ex. 3 - Aff. of K. Brandon, # 4 Ex. 4 - Aff. of D. Sumner, # 5 Ex. 5 - Aff. of R. Laurie, # 6 Ex. 6 - Aff. of O. Alston, # 7 Ex. 7 - Aff. of R. Cason, # 8 Ex. 8 - Aff. of S. Young, # 9 Ex. 9 - Aff. of B. Graham, # 10 Ex. 10 - Aff. of R. Short, # 11 Ex. 11 - Aff. of S. Ghazal, # 12 Ex. 12 - Aff. of S. Zydney, # 13 Ex. 13 - Aff. of K. Patel)(Sparks, Adam) (Entered: 12/05/2020)
Notice of Filing
Ex. 1. - Aff. of S. Valies
Ex. 2 - Aff. of A. Thomas
Ex. 3 - Aff. of K. Brandon
Ex. 4 - Aff. of D. Sumner
Ex. 5 - Aff. of R. Laurie
Ex. 6 - Aff. of O. Alston
Ex. 7 - Aff. of R. Cason
Ex. 8 - Aff. of S. Young
Ex. 9 - Aff. of B. Graham
Ex. 10 - Aff. of R. Short
Ex. 11 - Aff. of S. Ghazal
Ex. 12 - Aff. of S. Zydney
Ex. 13 - Aff. of K. Patel
60
Dec 5, 2020
MOTION to Exclude TESTIMONY OF SHIVA AYYADURAI, RUSSELL JAMES RAMSLAND, JR., MATTHEW BRAYNARD, WILLIAM M. BRIGGS, RONALD WATKINS, BENJAMIN A. OVERHOLT, ERIC QUINNELL, S. STANLEY YOUNG, AND SPYDER with Brief In Support by DCCC, DSCC, Democratic Party of Georgia, Inc.. (Sparks, Adam) (Entered: 12/05/2020)
Motion to Exclude
61
Dec 5, 2020
RESPONSE in Opposition re 6 MOTION for Temporary Restraining Order IMMEDIATE HEARING REQUESTED MOTION for Preliminary Injunction and Consolidated Brief in Support of Motion to Dismiss filed by Brian Kemp, Anh Le, Matthew Mashburn, Brad Raffensperger, Rebecca N. Sullivan, David J. Worley. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Affidavit, # 5 Exhibit)(McGowan, Charlene) (Entered: 12/05/2020)
Response in Opposition to Motion
Exhibit
Exhibit
Exhibit
Affidavit
Exhibit
62
Dec 5, 2020
AFFIDAVIT re 60 MOTION to Exclude TESTIMONY OF SHIVA AYYADURAI, RUSSELL JAMES RAMSLAND, JR., MATTHEW BRAYNARD, WILLIAM M. BRIGGS, RONALD WATKINS, BENJAMIN A. OVERHOLT, ERIC QUINNELL, S. STANLEY YOUNG, AND SPYDER, 58 Response in Opposition to Motion, Attorney Declaration of Amanda R. Callais by DCCC, DSCC, Democratic Party of Georgia, Inc.. (Attachments: # 1 Ex. 1 - Ansolabehere Report (Braynard), # 2 Ex. 2 - Ansolabehere Report (Briggs), # 3 Ex. 3 - Rodden Report, # 4 Ex. 4 - Mayer Report, # 5 Ex. 5 - Rodden and Marble Report)(Sparks, Adam) (Entered: 12/05/2020)
Affidavit
Ex. 1 - Ansolabehere Report (Braynard)
Ex. 2 - Ansolabehere Report (Briggs)
Ex. 3 - Rodden Report
Ex. 4 - Mayer Report
Ex. 5 - Rodden and Marble Report
63
Dec 5, 2020
MOTION to Dismiss with Brief In Support by Brian Kemp, Anh Le, Matthew Mashburn, Brad Raffensperger, Rebecca N. Sullivan, David J. Worley. (Attachments: # 1 Brief)(McGowan, Charlene) (Entered: 12/05/2020)
Motion to Dismiss
Brief
64
Dec 6, 2020
ORDER ALLOWING ATTORNEY CELLPHONES and LAPTOPS IN THE COURTROOM on 12/07/2020 at 10:00 a.m. Signed by Judge Timothy C. Batten, Sr. on 12/06/2020. (usw) (Main Document 64 replaced on 12/7/2020) (rvb). (Entered: 12/06/2020)
Order Allowing Audio/Visual Equipment in the Courtroom
65
Dec 6, 2020
NOTICE Of Filing by James Kenneth Carroll, Vikki Townsend Consiglio, Carolyn Hall Fisher, Gloria Kay Godwin, Cathleen Alston Latham, Coreco Jaqan Pearson, Brian Jay Van Gundy of Electronic Media (MacDougald, Harry) Modified on 12/7/2020, One (1) flash drive received by clerk and placed in civil action file(tcc). (Entered: 12/06/2020)
Notice of Filing
66
Dec 6, 2020
NOTICE Of Filing by James Kenneth Carroll, Vikki Townsend Consiglio, Carolyn Hall Fisher, Gloria Kay Godwin, Cathleen Alston Latham, Coreco Jaqan Pearson, Brian Jay Van Gundy (Attachments: # 1 Appendix Appendix Vol. 4 from Appeal)(MacDougald, Harry) (Entered: 12/06/2020)
Notice of Filing
Appendix Appendix Vol. 4 from Appeal
67
Dec 6, 2020
NOTICE Of Filing by James Kenneth Carroll, Vikki Townsend Consiglio, Carolyn Hall Fisher, Gloria Kay Godwin, Cathleen Alston Latham, Coreco Jaqan Pearson, Brian Jay Van Gundy (Attachments: # 1 Affidavit Supplemental Declaration of Quinnell and Young, # 2 Affidavit Declaration of S. Maturza, # 3 Affidavit Declaration of Wilburn J. Winter)(MacDougald, Harry) (Entered: 12/06/2020)
Notice of Filing
Affidavit Supplemental Declaration of Quinnell and Young
Affidavit Declaration of S. Maturza
Affidavit Declaration of Wilburn J. Winter
68
Dec 6, 2020
RESPONSE in Opposition re 63 MOTION to Dismiss, 43 MOTION to Dismiss, 6 MOTION for Temporary Restraining Order IMMEDIATE HEARING REQUESTED MOTION for Preliminary Injunction Plaintiffs Consolidated Response to the Motions to Dismiss and Reply in Support of Emergency Motion for Injunctive Relief filed by James Kenneth Carroll, Vikki Townsend Consiglio, Carolyn Hall Fisher, Gloria Kay Godwin, Cathleen Alston Latham, Coreco Jaqan Pearson, Brian Jay Van Gundy. (Attachments: # 1 Exhibit Wisconsin Order from Election Case)(MacDougald, Harry) (Entered: 12/06/2020)
Response in Opposition to Motion
Exhibit Wisconsin Order from Election Case
69
Dec 6, 2020
NOTICE Of Filing by James Kenneth Carroll, Vikki Townsend Consiglio, Carolyn Hall Fisher, Gloria Kay Godwin, Cathleen Alston Latham, Coreco Jaqan Pearson, Brian Jay Van Gundy (Attachments: # 1 Affidavit Affidavit of Garland Favorito, # 2 Affidavit ffidavit of Scott Hall, # 3 Affidavit Affidavit of Affiant A)(MacDougald, Harry) (Entered: 12/06/2020)
Notice of Filing
Affidavit Affidavit of Garland Favorito
Affidavit ffidavit of Scott Hall
Affidavit Affidavit of Affiant A
70
Dec 6, 2020
NOTICE Of Filing by James Kenneth Carroll, Vikki Townsend Consiglio, Carolyn Hall Fisher, Gloria Kay Godwin, Cathleen Alston Latham, Coreco Jaqan Pearson, Brian Jay Van Gundy (Attachments: # 1 Exhibit Supplemental Report of Russell Ramsland)(MacDougald, Harry) (Entered: 12/06/2020)
Notice of Filing
Exhibit Supplemental Report of Russell Ramsland
71
Dec 6, 2020
APPLICATION for Admission of Sidney Powell Pro Hac Vice (Application fee $ 150, receipt number AGANDC-10452641).by James Kenneth Carroll, Vikki Townsend Consiglio, Carolyn Hall Fisher, Gloria Kay Godwin, Cathleen Alston Latham, Coreco Jaqan Pearson, Brian Jay Van Gundy. (MacDougald, Harry) Documents for this entry are not available for viewing outside the courthouse. (Entered: 12/06/2020)
Main Doc
Application for Admission Pro Hac Vice
72
Dec 6, 2020
NOTICE Of Filing by Brian Kemp, Anh Le, Matthew Mashburn, Brad Raffensperger, Rebecca N. Sullivan, David J. Worley (Attachments: # 1 Affidavit of Frances Watson, # 2 Affidavit of Juan Gilbert)(McGowan, Charlene) (Entered: 12/06/2020)
Notice of Filing
Affidavit of Frances Watson
Affidavit of Juan Gilbert
Dec 7, 2020
APPROVAL by Clerks Office re: 71 APPLICATION for Admission of Sidney Powell Pro Hac Vice (Application fee $ 150, receipt number AGANDC-10452641).. Attorney Sidney Powell added appearing on behalf of James Kenneth Carroll, Vikki Townsend Consiglio, Carolyn Hall Fisher, Gloria Kay Godwin, Cathleen Alston Latham, Coreco Jaqan Pearson, Brian Jay Van Gundy (nmb)
Dec 7, 2020
MINUTE ORDER granting Sidney Powell's 71 Application for Admission Pro Hac Vice. Entered by CRD at the direction of Judge Timothy C. Batten, Sr. If the applicant does not have CM/ECF access in the Northern District of Georgia already, they must request access at http://pacer.gov. If they have electronically filed in this district in a previous case, please omit this step.(usw)
74
Dec 7, 2020
Minute Entry for proceedings held before Judge Timothy C. Batten, Sr.: Motion Hearing held on 12/7/2020 granting 43 Motion to Dismiss and 63 Motion to Dismiss. TRO is DISSOLVED. Case is DISMISSED. Clerk shall close the case. (Court Reporter Lori Burgess)(dmb) (Entered: 12/07/2020)
Order on Motion to Dismiss
75
Dec 7, 2020
CLERK'S JUDGMENT (dmb)--Please refer to http://www.ca11.uscourts.gov to obtain an appeals jurisdiction checklist-- (Entered: 12/07/2020)
Clerk's Judgment
76
Dec 7, 2020
NOTICE OF APPEAL as to 75 Clerk's Judgment, 74 Order on Motion to Dismiss,,,, Motion Hearing, by James Kenneth Carroll, Vikki Townsend Consiglio, Carolyn Hall Fisher, Gloria Kay Godwin, Cathleen Alston Latham, Coreco Jaqan Pearson, Brian Jay Van Gundy. Filing fee $ 505, receipt number AGANDC-10458354. Transcript Order Form due on 12/21/2020 (MacDougald, Harry) (Entered: 12/07/2020)
Notice of Appeal
77
Dec 8, 2020
NOTICE Of Filing NOA Transmittal Letter re: 76 Notice of Appeal. (pjm) (Entered: 12/08/2020)
Notice of Filing
78
Dec 8, 2020
Transmission of Certified Copy of Notice of Appeal, USCA Appeal Fees, Judgment, Minute Entry/Order and Docket Sheet to US Court of Appeals re: 76 Notice of Appeal. (pjm) (Entered: 12/08/2020)
Transmission of Notice of Appeal and Docket Sheet to USCA
79
Dec 8, 2020
TRANSCRIPT of Proceedings held on 12/7/2020, before Judge Timothy C. Batten, Sr.. Court Reporter/Transcriber Lori Burgess. A full directory of court reporters and their contact information can be found at www.gand.uscourts.gov/directory-court-reporters. 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 12/29/2020. Redacted Transcript Deadline set for 1/8/2021. Release of Transcript Restriction set for 3/8/2021. (Attachments: # 1 Notice of Filing Transcript) (llb) (Entered: 12/08/2020)
Main Doc
Transcript
Notice of Filing Transcript
80
Dec 8, 2020
USCA Acknowledgment of 76 Notice of Appeal, filed by Cathleen Alston Latham, James Kenneth Carroll, Carolyn Hall Fisher, Coreco Jaqan Pearson, Brian Jay Van Gundy, Gloria Kay Godwin and Vikki Townsend Consiglio. Case Appealed to USCA- 11th Circuit. Case Number 20-14579-C. (pjm) (Entered: 12/08/2020)
USCA Acknowledgment
81
Jan 4, 2021
Certified copy of MANDATE of USCA DISMISSING 46 Notice of Cross Appeal, filed by Rebecca N. Sullivan, David J. Worley, Brian Kemp, Anh Le, Matthew Mashburn, Brad Raffensperger and 32 Notice of Appeal, filed by Cathleen Alston Latham, James Kenneth Carroll, Carolyn Hall Fisher, Coreco Jaqan Pearson, Brian Jay Van Gundy, Gloria Kay Godwin and Vikki Townsend Consiglio Case Appealed to USCA- 11th Circuit. Case Number 20-14480. (pjm) (Entered: 01/04/2021)
USCA Mandate
82
Jan 6, 2021
TRANSCRIPT ORDER FORM (All necessary transcript(s) on file) re: 76 Notice of Appeal. (MacDougald, Harry) Modified on 1/6/2021 to update text (pjm). (Entered: 01/06/2021)
Main Doc
Transcript Order Form
Jan 6, 2021
Set Deadline re: 76 Notice of Appeal: Fed.R.App.P. 11 Certification due on 1/20/2021. (pjm)
Jan 6, 2021
Pursuant to F.R.A.P.11(c), the Clerk certifies that the record is complete for purposes of this appeal, 76 Notice of Appeal. Case Appealed to USCA- 11th Circuit. Case Number 20-14579-CC. The record on appeal is available electronically with the exception of: (One (1) flash drive w/DE# 65 ). (pjm)