Curling v. Raffensperger
Notice of Removal — Document #1
District Court, N.D. Georgia
Description
NOTICE OF REMOVAL with COMPLAINT filed by The Center for Election Systems at Kennasaw State University, Rebecca N. Sullivan, Ralph F. (Rusty) Simpson, The State Election Board, David J. Worley, Seth Harp, Brian P. Kemp, Merle King. (Filing fee $ 400.00 receipt number 113E-7313843) (Attachments: # 1 Ex - 1 - State Court Docket Sheet, # 2 Ex -2 - Original Petition, # 3 Ex -3 - Case Initiation Form, # 4 Ex -4 - Summons, # 5 Ex -5- Notice of Related Case, # 6 Ex -6 - Special Process Summons, # 7 Ex -7 - Certificate of Service, # 8 Ex -8 - Certificate of Service -2, # 9 Ex -9 - Motion for Leave to Amend Complaint, # 10 Ex -10 - Motion for Leave to Serve, # 11 Ex -11 - Affidavits of Service, # 12 Ex -12 - Proposed Order, # 13 Ex -13 - Sheriff's Entry of Service, # 14 Civil Cover Sheet)(eop) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions which includes the Consent To Proceed Before U.S. Magistrate form. (Entered: 08/11/2017)
Case 1:17-cv-02989-AT Document 1 Filed 08/08/17 Page 1 of 13
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION
DONNA CURLING, et al., )
)
Plaintiffs, ) CA No.
)
v. )
)
BRIAN KEMP, et al., )
)
Defendants. )
NOTICE OF REMOVAL
To: The Judges of the United States District Court for the Northern
District of Georgia, Atlanta Division.
COME NOW Defendants Brian P. Kemp, David J. Worley, Rebecca N.
Sullivan, Ralph F. Simpson, Seth Harp, the State Election Board, Merle King, and
the Center for Election Systems at Kennesaw State University (hereafter “State
Defendants”), and pursuant to 28 U.S.C. §§1441 and 1446, and with the consent of
all Defendants served in this action and within the time prescribed by law, file this
Notice of Removal. Defendants appear specially to file this notice subject to and
without waiving any defenses available under state and federal law. Defendants
respectfully show the following:
Case 1:17-cv-02989-AT Document 1 Filed 08/08/17 Page 2 of 13
1.
Plaintiffs, Donna Curling, Coalition for Good Governance, Donna Price,
Jeffrey Schoenberg, Laura Digges, William Digges III, and Ricardo Davis, have
brought a civil action against Defendants Brian P. Kemp, David J. Worley,
Rebecca N. Sullivan, Ralph F. Simpson, Seth Harp, the State Election Board,
Merle King, and the Center for Election Systems at Kennesaw State University
(hereafter “State Defendants”); Defendants Richard Barron, Mary Carole Cooney,
Vernetta Nuriddin, David J. Burge, Stan Matarazzo, Aaron Johnson and the Fulton
County Board of Registration and Elections (hereafter “Fulton County
Defendants”); Defendants Maxine Daniels, Michael P. Coveny, Anthony Lewis,
Leona Perry, Samuel E. Tillman, Baoky N. Vu, and the DeKalb County Board of
Registrations and Elections (hereafter the “DeKalb County Defendants”);
Defendants Janine Eveler, Phil Daniell, Fred Aiken, Joe Pettit, Jessica Brooks,
Darryl O. Wilson, and the Cobb County Board of Elections and Registration
(hereafter the “Cobb County Defendants”), said action being designated as Curling
et al., v. Kemp, et al., Civil Action No. 2017CV292233 (Fulton County Superior
Court).
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Case 1:17-cv-02989-AT Document 1 Filed 08/08/17 Page 3 of 13
2.
Plaintiffs seek declaratory and injunctive relief for alleged violations of
rights pursuant to the Fourteenth Amendment of the United States Constitution.
Specifically, Plaintiffs allege that Defendants have violated their rights pursuant to
both the Due Process Clause and the Equal Protection Clause of the Fourteenth
Amendment by conducting the June 20, 2017 special election run-off for the Sixth
Congressional District utilizing direct recording electronic voting machines
(DRE’s).
3.
This action is a civil rights action, and presents a federal question over
which this court has original subject matter jurisdiction pursuant to 28 U.S.C.
§ 1331 and questions of state law which this court has pendent jurisdiction
pursuant to 28 U.S.C. §1367.
4.
This action is one which may be removed to this Court pursuant to the
provisions of 28 U.S.C. §§ 1441(a) and 1441(c). Defendants attach hereto a copy
of all documents filed in the Fulton County Superior Court.
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Case 1:17-cv-02989-AT Document 1 Filed 08/08/17 Page 4 of 13
5.
Defendant Brian Kemp, Georgia Secretary of State and chair of the State
Election Board, was served on August 3, 2017. This Defendant consents to
removal of this action to the United States District Court for the Northern District
of Georgia.
6.
Defendant Ralph Simpson, member of the State Election Board, was served
on July 13, 2017. This Defendant consents to removal of this action to the United
States District Court for the Northern District of Georgia.
7.
Defendant Seth Harp has been served. This Defendant consents to removal
of this action to the United States District Court for the Northern District of
Georgia.
8.
Defendant Rebecca Sullivan, member of the State Election Board, was
served on July 26, 2017. This Defendant consents to removal of this action to the
United States District Court for the Northern District of Georgia.
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Case 1:17-cv-02989-AT Document 1 Filed 08/08/17 Page 5 of 13
9.
Defendant David Worley, member of the State Election Board, has not been
served. Defendant Worley consents to removal of this action to the United States
District Court for the Northern District of Georgia.
10.
Defendant State Election Board, served on August 3, 2017 by service on its
chairperson, consents to removal of this action to the United States District Court
for the Northern District of Georgia.
11.
Defendant Merle King, Executive Director of the Center for Election
Systems at Kennesaw State University, has not been served. This Defendant
consents to removal of this action to the United States District Court for the
Northern District of Georgia.
12.
Defendant Center for Election Systems at Kennesaw State University has
not been served. This Defendant consents to removal of this action to the United
States District Court for the Northern District of Georgia.
5
Case 1:17-cv-02989-AT Document 1 Filed 08/08/17 Page 6 of 13
13.
Defendant Maxine Daniels, Director of Voter Registrations and Elections for
DeKalb County, was served on Aug. 3, 2017. This Defendant consents to removal
of this action to the United States District Court for the Northern District of
Georgia.
14.
Defendant Michael P. Coveny, member of the DeKalb County Board of
Registrations and Elections, was served on July 30, 2017. This Defendant consents
to removal of this action to the United States District Court for the Northern
District of Georgia.
15.
Defendant Anthony Lewis, member of the DeKalb County Board of
Registrations and Elections, was served on July 30, 2017. This Defendant consents
to removal of this action to the United States District Court for the Northern
District of Georgia.
16.
Defendant Leona Perry, member of the DeKalb County Board of
Registrations and Elections, was served on July 28, 2017. This Defendant consents
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Case 1:17-cv-02989-AT Document 1 Filed 08/08/17 Page 7 of 13
to removal of this action to the United States District Court for the Northern
District of Georgia.
17.
Defendant Samuel E. Tillman, member of the DeKalb County Board of
Registrations and Elections, was served on Aug. 1, 2017. This Defendant consents
to removal of this action to the United States District Court for the Northern
District of Georgia.
18.
Defendant Baoky N. Vu, member of the DeKalb County Board of
Registrations and Elections, was served on Aug. 1, 2017. This Defendant consents
to removal of this action to the United States District Court for the Northern
District of Georgia.
19.
Defendant DeKalb County Board of Registrations and Elections was served
on Aug. 3, 2017. This Defendant consents to removal of this action to the United
States District Court for the Northern District of Georgia.
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Case 1:17-cv-02989-AT Document 1 Filed 08/08/17 Page 8 of 13
20.
Defendant Richard Barron, Director of Fulton County Board of Registration
and Elections, was served on July 30, 2017. This Defendant consents to removal
of this action to the United States District Court for the Northern District of
Georgia.
21.
Defendant Mary Carole Cooney, Chair of the Fulton County Board of
Registration and Elections, was served on August 5, 2017. This Defendant
consents to removal of this action to the United States District Court for the
Northern District of Georgia.
22.
Defendant Vernetta Nuriddin, member of the Fulton County Board of
Registration and Elections, was served on July 30, 2017. This Defendant consents
to removal of this action to the United States District Court for the Northern
District of Georgia.
23.
Defendant David J. Burge, member of the Fulton County Board of
Registration and Elections, was served on August 1, 2017. This Defendant
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Case 1:17-cv-02989-AT Document 1 Filed 08/08/17 Page 9 of 13
consents to removal of this action to the United States District Court for the
Northern District of Georgia.
24.
Defendant Stan Matarazzo, a former member of the Fulton County Board of
Registration and Elections, was served on July 30, 2017. This Defendant consents
to removal of this action to the United States District Court for the Northern
District of Georgia. Mr. Matarazzo’s replacement on the Board, Mark Wingate,
has not been served.
25.
Defendant Aaron Johnson, member of the Fulton County Board of
Registration and Elections, was served on July 28, 2017. This Defendant consents
to removal of this action to the United States District Court for the Northern
District of Georgia.
26.
Defendant Fulton County Board of Registration and Elections was served on
August 7, 2017. This Defendant consents to removal of this action to the United
States District Court for the Northern District of Georgia.
9
Case 1:17-cv-02989-AT Document 1 Filed 08/08/17 Page 10 of 13
27.
Defendant Janine Eveler, Director of Cobb County Board of Elections and
Registration, has not been served.
28.
Defendant Phil Daniell, member of the Cobb County Board of Elections and
Registration, was served on August 4, 2017. This Defendant consents to removal
of this action to the United States District Court for the Northern District of
Georgia.
29.
Defendant Fred Aiken, member of the Cobb County Board of Elections and
Registration, was served on August 4, 2017. This Defendant consents to removal
of this action to the United States District Court for the Northern District of
Georgia.
30.
Defendant Joe Pettit, member of the Cobb County Board of Elections and
Registration, was served on August 7, 2017. This Defendant consents to removal
of this action to the United States District Court for the Northern District of
Georgia.
10
Case 1:17-cv-02989-AT Document 1 Filed 08/08/17 Page 11 of 13
31.
Defendant Jessica Brooks, member of the Cobb County Board of Elections
and Registration has not been served.
32.
Defendant Darryl O. Wilson, member of the Cobb County Board of
Elections and Registration, has not been served.
33.
Defendant Cobb County Board of Elections and Registration has not been
served
34.
This Notice of Removal, pursuant to 28 U.S.C. § 1446(b), is filed within
Thirty (30) days from service of this Complaint on Defendants.
WHEREFORE, Defendants move that this Notice of Removal be filed, that
said action be removed to and proceed in this Court, and that no further
proceedings be had in the Fulton County Superior Court, State of Georgia.
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Case 1:17-cv-02989-AT Document 1 Filed 08/08/17 Page 12 of 13
Respectfully submitted,
CHRISTOPHER M. CARR
Attorney General 112505
ANNETTE M. COWART 191199
Deputy Attorney General
RUSSELL D. WILLARD 760280
Senior Assistant Attorney General
/s/Cristina Correia
CRISTINA CORREIA 188620
Assistant Attorney General
ELIZABETH MONYAK 005745
Assistant Attorney General
/s/Josiah B. Heidt________________
JOSIAH B. HEIDT 104183
Assistant Attorney General
Georgia Department of Law
40 Capitol Square SW
Atlanta, GA 30334
404-656-7063
Attorneys for State Defendants
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Case 1:17-cv-02989-AT Document 1 Filed 08/08/17 Page 13 of 13
CERTIFICATE OF SERVICE
I hereby certify that on this day, I served the within and foregoing NOTICE
OF REMOVAL prior to filing the same, by depositing a copy thereof, postage
prepaid, in the United States Mail, properly addressed upon:
Bryan Ward Overtis Hicks Brantley
Marvin Lim Bennett D. Bryan
Holcomb + Ward LLP DeKalb County Law Department
3399 Peachtree Rd NE, Suite 400 1300 Commerce Drive 5th Floor
Atlanta, GA 30326 Decatur, GA 30030
Bryan.Ward@holcombward.com Email: bdbryan@dekalbcountyga.gov
Marvin@holcombward.com
Patrise M. Perkins-Hooker
Daniel W. White Kaye Burwell
Haynie, Litchfield, Crane & White, PC Cheryl Ringer
222 Washington Avenue Fulton County Attorney's Office
Marietta, Georgia 30060 141 Pryor Street SW Suite 4038
dwhite@hlclaw.com Atlanta, GA 30303
Facsimile: (404) 730-6324
Email: cheryl.ringer@fultoncountyga.gov
Rep. Karen Handel Jon Ossoff
U.S. Congressional District 6 Candidate for Congress
85C Mill Street 1580 Holcomb Bridge Road #24
Suite 300 Roswell, GA 30076
Roswell, GA 30076
This 8th day of August, 2017. /s/Cristina Correia
Cristina Correia
Ga. Bar No. 188620
Assistant Attorney General
40 Capitol Square SW
Atlanta, GA 30334
404-463-8850
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