Castro v. Warner (2:23-cv-00598)

VERIFIED COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF. Filing Fee $402.00. Receipt # 20014628. (Attachments: # 1 Proposed Summons as to Donald John Trump, # 2 Proposed Summons as to Secretary of State Andrew Warner, # 3 Cover Page, # 4 Receipt, # 5 Civil Cover Sheet, # 6 Envelope) (kew)

SUMMONS ISSUED by the Clerk for Donald John Trump, Andrew Warner, re: 1 Verified Complaint, returnable 21 days. Original summonses returned to John Anthony Castro for service. (Attachment: # 1 Summons Issued as to Donald John Trump) (kew)

STANDING ORDER IN RE: ASSIGNMENT AND REFERRAL OF CIVIL ACTIONS AND MATTERS TO MAGISTRATE JUDGES ENTERED JANUARY 4, 2016. This case is referred to Magistrate Judge Omar J. Aboulhosn for Findings of Fact and Recommendations for disposition. (cc: attys; any unrepresented party) (klc) (Modified on 9/11/2023 to update assigned magistrate pursuant to #6 order) (ts).

CLERK'S ORDER. For reasons appearing to the court, this case reassigned from Judge Joseph R. Goodwin to Judge Irene C. Berger. Signed by Clerk of Court Rory L. Perry II on 9/11/2023. (cc: Judge Goodwin; Judge Berger; counsel of record; any unrepresented party) (klc)

SUMMONS RETURNED EXECUTED BY CERTIFIED MAIL for Donald John Trump, Andrew Warner, re: 1 Complaint. Donald John Trump served on 9/15/2023, answer due 10/6/2023; Andrew Warner served on 9/15/2023, answer due 10/6/2023. (Attachments: # 1 Summons returned for Donald Trump, # 2 Envelope) (lca)

EMERGENCY APPLICATION by John Anthony Castro for a Temporary Restraining Order and Expedited Preliminary Injunction Hearing Consolidated with a Preliminary Bench Trial on the Merits. (Attachments: # 1 Exhibit A, # 2 Proposed Order, # 3 Envelope) Motion referred to Magistrate Judge Omar J. Aboulhosn. (lca). (Modified on 9/20/2023 to add second motion part) (ts).

OBJECTION AND OPPOSITION by John Anthony Castro to 10 MOTION by West Virginia Republican Party to Intervene as Third Party. (Castro, John)

PROPOSED FINDINGS AND RECOMMENDATION recommending that the District Judge deny the 9 EMERGENCY APPLICATION by John Anthony Castro for a Temporary Restraining Order Expedited Preliminary Injunction Hearing Consolidated with a Preliminary Bench Trial on the Merits. If the PF&R was served electronically, Objections are due by 10/12/2023. If the PF&R was served by mail, Objections are due by 10/16/2023. Signed by Magistrate Judge Omar J. Aboulhosn on 9/28/2023. (cc: Plaintiff, counsel of record) (lca)

OBJECTIONS by John Anthony Castro to 14 Order. (Castro, John)

NOTICE OF CHANGE OF ATTORNEY INFORMATION by Chanin Wolfingbarger Krivonyak updating name and/or firm information on behalf of Andrew Warner. (Krivonyak, Chanin)

STATEMENT OF VISITING ATTORNEY from Jordan A. Sekulow on behalf of West Virginia Republican Party. Local counsel: Elgine Heceta McArdle. Fee $50.00. Receipt # AWVSDC-8506613. (McArdle, Elgine)

STATEMENT OF VISITING ATTORNEY from Andrew J. Ekonomon on behalf of West Virginia Republican Party. Local counsel: Elgine Heceta McArdle. Fee $50.00. Receipt # AWVSDC-8506635. (McArdle, Elgine)

STATEMENT OF VISITING ATTORNEY from Stuart J. Roth on behalf of West Virginia Republican Party. Local counsel: Elgine Heceta McArdle. Fee $50.00. Receipt # AWVSDC-8506659. (McArdle, Elgine)

MOTION by John Anthony Castro Pursuant to 28 U.S.C. § 636(b)(1) for Relief from Nondispositive Pretrial Order on Intervention re: 14 Order. (Castro, John)

MOTION NO LONGER REFERRED: 24 MOTION by John Anthony Castro Pursuant to 28 U.S.C. § 636(b)(1) for Relief from Nondispositive Pretrial Order on Intervention re: 14 Order. (kew)

ORDER inviting the Secretary of State to file a response to the State's 25 MOTION to Intervene no later than 10/10/2023 to explore whether the SOS and the State can be represented in a single entity/party for purposes herein; the State is also invited to file any response to this Order no later than 10/10/2023 regarding the prospect of both the SOS and State being represented by the same counsel and proceeding as a single defendant in this matter. Signed by Magistrate Judge Omar J. Aboulhosn on 10/4/2023. (cc: Plaintiff; counsel of record) (jsa)

COMBINED RESPONSE by Andrew Warner in opposition to 9 EMERGENCY APPLICATION by John Anthony Castro for a Temporary Restraining Order and Expedited Preliminary Injunction Hearing Consolidated with a Preliminary Bench Trial on the Merits and 16 Objection to Proposed Findings and Recommendation. (Capehart, Curtis) (Modified on 10/6/2023 to add link to #16 objection) (kew).

OBJECTION by John Anthony Castro to 30 Amicus Curiae. (Castro, John)

MOTION by Donald John Trump for Summary Judgment (originally filed as a Motion to Dismiss 1 Complaint). (Adkins, J.) (Modified on 10/31/2023 to convert event to motion for summary judgment pursuant to #66 order and remove referral) (lca).

MOTION by Donald John Trump to Exceed Page Limit for Memorandum in Support of Motion to Dismiss. Motion referred to Magistrate Judge Omar J. Aboulhosn. (Adkins, J.)

NOTICE of Related Actions by Donald John Trump (Adkins, J.)

ORDER granting Defendant Donald John Trump's 35 MOTION to Exceed Page Limit. Signed by Magistrate Judge Omar J. Aboulhosn on 10/10/2023. (cc: Plaintiff; counsel of record) (jsa)

RESPONSE by State of West Virginia to the Court's 27 Order. (Attachment: # 1 Exhibit 1) (Williams, Michael)

ORDER granting 25 MOTION by State of West Virginia to Intervene and for Response Deadlines re: 26 Intervenor Complaint, as set forth more fully herein. Signed by Magistrate Judge Omar J. Aboulhosn on 10/11/2023. (cc: Plaintiff; counsel of record) (kew)

MOTION by Andrew Warner for Summary Judgment (originally filed as a Motion to Dismiss 1 Complaint). (Capehart, Curtis) (Modified on 10/13/2023 to add link to #1 complaint) (kew). (Modified on 10/31/2023 to convert event to motion for summary judgment pursuant to #66 order and remove referral) (lca).

RESPONSE by State of West Virginia in opposition to 16 Objection to Proposed Findings and Recommendation. (Williams, Michael)

ORDER re: 42 MOTION by West Virginia Republican Party to Dismiss 1 Complaint and 44 MOTION by State of West Virginia to Dismiss 1 Complaint. Plaintiff's Response is due by 10/27/2023, with replies due seven days after service of the response. Signed by Magistrate Judge Omar J. Aboulhosn on 10/16/2023. (cc: Plaintiff, counsel of record) (lca)

RESPONSE by State of West Virginia in opposition to 48 Objection. (Williams, Michael)

RESPONSE by John Anthony Castro in opposition to 45 MOTION by Andrew Warner to Dismiss 1 Verified Complaint. (Castro, John) (Modified on 10/20/2023 to remove link to #46 memorandum) (kew).

RESPONSE (REPLY) by Joseph L. Westfall to 44 MOTION by State of West Virginia to Dismiss 1 Complaint. (Attachment: # 1 Envelope) (kew) (Modified on 10/18/2023 to convert event to response in opposition) (ts).

NOTICE of Supplemental Authority by Donald John Trump re: 33 MOTION by Donald John Trump to Dismiss 1 Complaint. (Adkins, J.)

MOTION by John Anthony Castro to Strike 56 Notice of Supplemental Authority. (Castro, John) (Modified on 10/25/2023 to convert event to motion) (kew).

RESPONSE by Donald John Trump in opposition to 57 MOTION by John Anthony Castro to Strike 56 Notice of Supplemental Authority. (Adkins, J.)

RESPONSE by John Anthony Castro in opposition to 59 Notice of Supplemental Authority. (Castro, John)

RESPONSE by West Virginia Republican Party in opposition to 54 MOTION by John Anthony Castro to Dismiss 26 Intervenor Complaint (McArdle, Elgine)

REPLY by John Anthony Castro to 62 Response In Opposition. (Castro, John)

RESPONSE by Donald John Trump in opposition to 48 Objection. (Adkins, J.) Modified on 11/1/2023 (kew).

MOTIONS NO LONGER REFERRED: 45 Motion by Andrew Warner for Summary Judgment (originally filed as a Motion to Dismiss 1 Complaint), 42 Motion by West Virginia Republican Party for Summary Judgment (originally filed as a Motion to Dismiss 1 Complaint), 33 MOTION by Donald John Trump for Summary Judgment (originally filed as a Motion to Dismiss 1 Complaint), 44 Motion by State of West Virginia for Summary Judgment (originally filed as a Motion to Dismiss 1 Complaint) pursuant to the 66 Memorandum Opinion and Order. (lca)

NOTICE of Supplemental Authorities by John Anthony Castro re: 38 Response In Opposition (Attachments: # 1 Exhibit Appellant's Opening Brief to the First Circuit)(Castro, John)

AFFIDAVIT of John Anthony Castro, dated 11/01/2023, filed on behalf of John Anthony Castro re: 66 Memorandum & Opinion,,, (Castro, John)

RESPONSE by Joseph L. Westfall to the Court's 66 Memorandum Opinion and Order. (msa)

NOTICE of Supplemental Authority on Injury Analysis for Standing by John Anthony Castro re: 71 Response to Court Order (Castro, John)

MOTION by John Anthony Castro Motion to Take Judicial Notice of Adjudicative Facts Per FRE 201 (Attachments: # 1 Exhibit Colorado District Court Final Order) Motion referred to Magistrate Judge Irene C. Berger.(Castro, John)

SUPPLEMENT by West Virginia Republican Party to 42 MOTION by West Virginia Republican Party for Summary Judgment (originally filed as a Motion to Dismiss 1 Complaint). (Attachments: # 1 Exhibit A, # 2 Exhibit B) (McArdle, Elgine)

SUPPLEMENTAL BRIEFING by Donald John Trump in support of 52 Reply to Response. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Adkins, J.) (Modified on 11/22/2023 to correct link) (kew).

DECLARATION of Mark Blankenship, dated November 16, 2023, filed on behalf of Donald John Trump re: 78 Supplemental Briefing. (Adkins, J.)

RESPONSE by State of West Virginia in opposition to 74 MOTION by John Anthony Castro Motion to Take Judicial Notice of Adjudicative Facts Per FRE 201 (Williams, Michael)

AFFIDAVIT of John Anthony Castro, dated 11/30/2023, filed on behalf of John Anthony Castro re: 66 Memorandum & Opinion,,, (Attachments: # 1 Exhibit Evidence of Pre-Complaint Campaign Expenses)(Castro, John)

MOTION by John Anthony Castro to Withdraw 13 PROPOSED FINDINGS AND RECOMMENDATION re: 9 EMERGENCY APPLICATION by John Anthony Castro for Preliminary InjunctionEMERGENCY APPLICATION by John Anthony Castro for a Temporary Restraining Order. Motion referred to Magistrate Judge Irene C. Berger.(Castro, John)

MEMORANDUM OPINION AND ORDER granting Defendant Donald Trump's 33 MOTION for Summary Judgment; granting the West Virginia Republican Party's 42 MOTION for Summary Judgment; granting the State of West Virginia's 44 MOTION for Summary Judgment; granting Secretary of State's 45 MOTION for Summary Judgment; directing that this matter be dismissed without prejudice and removed from the Court's docket; directing that all pending motions be terminated as moot. Signed by Judge Irene C. Berger on 12/21/2023. (cc: Magistrate Judge Aboulhosn; counsel of record any unrepresented party) (lca)

TRANSMITTED CERTIFIED COPY of 88 Memorandum Opinion and Order to Magistrate Judge Aboulhosn; counsel of record any unrepresented party. (lca)

OBJECTION, MOTION to be Heard and MOTION for Reconsideration 88 Memorandum Opinion and Order, 89 Judgment Order by John Anthony Castro (Castro, John) (Modified on 12/27/2023 to convert event to motion) (ts).

TRANSMITTAL OF NOTICE OF APPEAL TO 4CCA via APPEAL TRANSMITTAL SHEET re: 93 Notice of Appeal to the 4CCA. (tmr)