Case: Awad v. Ziriax

5:10-cv-01186 | U.S. District Court for the Western District of Oklahoma

Filed Date: Nov. 4, 2010

Closed Date: 2014

Clearinghouse coding complete

Case Summary

On November 4, 2010, a devout and practicing Muslim filed a lawsuit in the U.S. District Court for the Western District of Oklahoma against the Oklahoma State Election Board under 42 U.S.C. § 1983. Plaintiff, represented by the American Civil Liberties Union, asked the court to issue a preliminary injunction against the Board certifying the election results of SQ 755's amendment to the Oklahoma Constitution. SQ 755 is a state initiative passed by the citizens of Oklahoma which, in relevant part…

On November 4, 2010, a devout and practicing Muslim filed a lawsuit in the U.S. District Court for the Western District of Oklahoma against the Oklahoma State Election Board under 42 U.S.C. § 1983. Plaintiff, represented by the American Civil Liberties Union, asked the court to issue a preliminary injunction against the Board certifying the election results of SQ 755's amendment to the Oklahoma Constitution. SQ 755 is a state initiative passed by the citizens of Oklahoma which, in relevant part, forbids judges from "considering or using Sharia Law" when deciding cases. Specifically, plaintiff claimed that the amendment violated the First and Fourteenth Amendment.

On November 29, 2010, Chief District Court Judge Vicki Miles-LaGrange granted plaintiff a preliminary injunction against certifying SQ 755. 754 F.Supp.2d 1298 (2010). The court found that plaintiff showed a substantial likelihood of success in demonstrating that SQ 755 had the primary effect of inhibiting religion and that the amendment fostered an excessive government entanglement with religion. The court also noted that the loss of First Amendment freedoms, for even minimal periods of time, constitutes irreparable injury in the absence of injunctive relief. The court concluded that the loss of plaintiff's First Amendment freedoms outweighed any injury that would occur from delaying the will of the voters being carried out by certifying the election results. The preliminary injunction was ordered until a decision could be made on the merits.

On December 1, 2010, the defendant appealed the district court's decision granting the preliminary injunction. On January 10, 2012, the Tenth Circuit affirmed the District Court's decision. 670 F.3d 1111 (2010). On July 29, 2012, the plaintiff filed an amended complaint. The amended complaint added new plaintiffs to the case, retained those challenges made to SQ 755 articulated in the original complaint, and asked the court to permanently enjoin Defendants from certifying the election results of SQ 755. On February 8, 2013, the plaintiff filed a motion for summary judgment.

On August 15, 2013, Chief District Court Judge Miles-LaGrange granted plaintiff's motion for summary judgment and permanently enjoined defendants from certifying the election results for SQ 755.966 F.Supp.2d 1198 (2013). The court found that SQ 755's explicit and deliberate distinctions among religions warranted strict scrutiny. The court found that Oklahoma's articulated interest "in determining what law is applied in Oklahoma courts" was not compelling. Because the case failed the first step of the scrutiny analysis, there was no need to analyze tailoring. The court then found that the unconstitutional aspect of SQ 755 could not be severed, and declared the law unconstitutional.

On April 25, 2014, Chief District Court Judge Miles-LaGrange awarded plaintiff attorney fees and non-taxable expenses in the amount of $303,333.49. 2014 WL 1660650.

Summary Authors

Richard Jolly (10/14/2014)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4579312/parties/awad-v-ziriax/


Documents in the Clearinghouse

Documents in this case

5:10-cv-01186

10-06273

PACER [Docket]

Sept. 8, 2014

Sept. 8, 2014

Docket
1

5:10-cv-01186

Complaint Seeking a Temporary Restraining Order and Preliminary Injunction

Nov. 4, 2010

Nov. 4, 2010

Complaint
7

5:10-cv-01186

Temporary Restraining Order

Nov. 9, 2010

Nov. 9, 2010

Order/Opinion
20

5:10-cv-01186

Order [Granting Preliminary Injunction]

Nov. 29, 2010

Nov. 29, 2010

Order/Opinion

754 F.Supp.2d 1298

39

10-06273

5:10-cv-01186

Order [Affirming District Court's Judgment]

U.S. Court of Appeals for the Tenth Circuit

Jan. 10, 2012

Jan. 10, 2012

Order/Opinion

670 F.3d 1111

46

5:10-cv-01186

First Amended Complaint for Declaratory and Injunctive Relief

July 29, 2012

July 29, 2012

Complaint
85

5:10-cv-01186

Order [Granting Plaintiffs' Motion for Summary Judgment]

Aug. 15, 2013

Aug. 15, 2013

Order/Opinion

966 F.Supp.2d 1198

123

5:10-cv-01186

Order [Granting Plaintiffs' Motion for Attorney Fees and Non-Taxable Income]

April 25, 2014

April 25, 2014

Order/Opinion

2014 WL 1660650

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4579312/awad-v-ziriax/

Last updated March 29, 2026, 4:25 a.m.

ECF Number Date Description Link
1 Nov. 4, 2010

COMPLAINT against Thomas Prince, Susan Turpen, Ramon Watkins, Paul Ziriax filed by Muneer Awad. (Attachments: # 1 Civil Cover Sheet) (njr) (Entered: 11/04/2010)

1 Civil Cover Sheet

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2 Nov. 4, 2010

MEMORANDUM in Support re 1 Complaint filed by Muneer Awad. (njr) (Entered: 11/04/2010)

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3 Nov. 4, 2010

Receipt for Money Received from Muneer Awad in the amount of $350.00, receipt number OKW500013112 regarding 1 Complaint. (njr) (Entered: 11/04/2010)

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4 Nov. 4, 2010

MINUTE ORDER setting a hearing on 1 plaintiff's complaint seeking a temporary restraining order and preliminary injunction for November 8, 2010 at 10:00 a.m. Signed by Honorable Vicki Miles-LaGrange on 11/4/2010. (ks) (Entered: 11/04/2010)

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5 Nov. 8, 2010

ENTRY of Appearance by Scott D Boughton on behalf of Thomas Prince, Susan Turpen, Ramon Watkins, Paul Ziriax (Boughton, Scott) (Entered: 11/08/2010)

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6 Nov. 8, 2010

Minute Entry for proceedings held before Honorable Vicki Miles-LaGrange: Hearing on motion for temporary restraining order held on 11/8/2010. TheCourt finds that the plaintiff has met the factors for this Court to enter a Temporary Restraining Order and the Court will issue an order as soon as possible. The Court sets a hearing on plaintiff's motion for preliminary injunction on November 22, 2010 at 10:00 a.m. (Court Reporter Lynn Lee) (ks) (Entered: 11/08/2010)

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7 Nov. 9, 2010

TEMPORARY RESTRAINING ORDER granting plaintiff's request for a temporary restraining order. The Court, therefore, enjoins defendants from certifying the election results for State Question 755. This Temporary Restraining Order shall be in effect through the conclusion of the hearing on plaintiff's request for a preliminary injunction set for Monday, November 22, 2010 at 10:00 a.m. (as more fully set out in Order). Signed by Honorable Vicki Miles-LaGrange on 11/9/2010. (ks) (Entered: 11/09/2010)

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8 Nov. 16, 2010

MOTION to File Amicus Brief for Hearing on Preliminary Injunction by U.S. Border Control, U.S. Border Control Foundation, The Lincoln Institute for Research and Education, and Conservative Legal Defense and Education Fund. (Attachments: # 1 Attachment, # 2 Attachment, # 3 Attachment)(Calvey, Kevin) (Entered: 11/16/2010)

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9 Nov. 16, 2010

RESPONSE re 1 Complaint to Plaintiff's Motion for Preliminary Injunction filed by Thomas Prince, Susan Turpen, Ramon Watkins, Paul Ziriax. (Boughton, Scott) (Entered: 11/16/2010)

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10 Nov. 16, 2010

ORDER striking 8 MOTION to File Amicus Brief for Hearing on Preliminary Injunction filed by U.S. Border Control, U.S. Border Control Foundation, The Lincoln Institute for Research and Education, and Conservative Legal Defense and Education Fund (document not signed); Motions terminated: 8 MOTION to File Amicus Brief for Hearing on Preliminary Injunction. Signed by Honorable Vicki Miles-LaGrange on 11/16/2010. (ks) (Entered: 11/16/2010)

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11 Nov. 16, 2010

SECOND MOTION to File Amicus Brief for Hearing on Preliminary Injunction by U.S. Border Control, U.S. Border Control Foundation, The Lincoln Institute for Research and Education, and Conservative Legal Defense and Education Fund. (Attachments: # 1 Attachment, # 2 Attachment, # 3 Attachment)(Calvey, Kevin) (Entered: 11/16/2010)

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12 Nov. 16, 2010

ORDER granting 11 the motion for leave to file Amicus Curiae brief in support of defendants. The U.S. Border Control, U.S. Border Control Foundation, The Lincoln Institute for Research and Education, and Conservative Legal Defense and Education Fund shall file said amicus curiae brief by Wednesday, November 17, 2010 at 8:00 a.m. Signed by Honorable Vicki Miles-LaGrange on 11/16/2010. (ks) (Entered: 11/16/2010)

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13 Nov. 16, 2010

BRIEF IN SUPPORT of Amicus Curiae Opposition to Preliminary Injunction by U.S. Border Control, U.S. Border Control Foundation, The Lincoln Institute for Research and Education, and Conservative Legal Defense and Education Fund. (Attachments: # 1 Attachment Certificate of Service)(Calvey, Kevin) (Entered: 11/16/2010)

1 Attachment Certificate of Service

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14 Nov. 18, 2010

REPLY by Plaintiff Muneer Awad re 9 Response to Plaintiff's Motion for Preliminary Injunction filed by Muneer Awad. (njr) (Entered: 11/18/2010)

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15 Nov. 19, 2010

ENTRY of Appearance by Janis W Preslar on behalf of Thomas Prince, Susan Turpen, Ramon Watkins, Paul Ziriax (Preslar, Janis) (Entered: 11/19/2010)

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16 Nov. 22, 2010

ENTRY of Appearance by Micheal C Salem on behalf of Muneer Awad (Salem, Micheal) (Entered: 11/22/2010)

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17 Nov. 22, 2010

Minute Entry for proceedings held before Honorable Vicki Miles-LaGrange: Preliminary Injunction Hearing held on 11/22/2010. The Court takes the matter under advisement and orders that the expiration of the Temporary Restraining Order be extended to no later than Monday, November 29, 2010. (Court Reporter Lynn Lee) (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 4, # 4 Exhibit 5, # 5 Exhibit 6, # 6 Exhibit 7, # 7 Exhibit 8, # 8 Exhibit 9, # 9 Exhibit 10, # 10 Exhibit 11, # 11 Exhibit 12, # 12 Exhibit 13, # 13 Exhibit 14) (ks) (Entered: 11/23/2010)

1 Exhibit 1

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8 Exhibit 9

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11 Exhibit 12

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12 Exhibit 13

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13 Exhibit 14

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18 Nov. 23, 2010

UNOPPOSED MOTION to Seal Document Plaintiff's Exhibit 8 [Doc. 017-08] by Muneer Awad. (Salem, Micheal) (Entered: 11/23/2010)

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19 Nov. 24, 2010

ORDER granting 18 Motion to Seal Exhibit. The Court Clerk is directed to seal plaintiff's Exhibit 8 [docket no. 17-7], the Last Will of Muneer Awad, introduced at the hearing on plaintiff's motion for preliminary injunction. Signed by Honorable Vicki Miles-LaGrange on 11/24/2010. (njr) (Entered: 11/24/2010)

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20 Nov. 29, 2010

ORDER granting plaintiff's request for a preliminary injunction and enjoining defendants from certifying the election results for State Question 755 until this Court rules on the merits of plaintiff's claims (as more fully set out in Order). Signed by Honorable Vicki Miles-LaGrange on 11/29/2010. (ks) (Entered: 11/29/2010)

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21 Dec. 1, 2010

NOTICE OF APPEAL as to 20 Order, by Thomas Prince, Susan Turpen, Ramon Watkins, Paul Ziriax. Filing fee $ 455. (Boughton, Scott) (Entered: 12/01/2010)

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22 Dec. 2, 2010

PRELIMINARY RECORD LETTER - Electronic Transmission of Notice of Appeal with Preliminary Record sent to Tenth Circuit Court of Appeals re 21 Notice of Appeal. (njr) (Entered: 12/02/2010)

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23 Dec. 2, 2010

Tenth Circuit USCA Case Number 10-6273 for 21 Notice of Appeal filed by Thomas Prince, Ramon Watkins, Susan Turpen, Paul Ziriax. (njr) (Entered: 12/02/2010)

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24 Dec. 2, 2010

USCA Appeal Fee received in the amount of $ 455, receipt number OKW500013609, re 21 Notice of Appeal filed by Thomas Prince, Ramon Watkins, Susan Turpen, Paul Ziriax. (njr) (Entered: 12/02/2010)

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25 Dec. 7, 2010

TRANSCRIPT Order Form by Thomas Prince, Susan Turpen, Ramon Watkins, Paul Ziriax that transcripts are necessary. See order form for dates and proceedings. (Boughton, Scott) (Entered: 12/07/2010)

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26 Dec. 7, 2010

MOTION for Leave to Appear Pro Hac Vice of Gadeir Abbas by Muneer Awad. (Attachments: # 1 Exhibit A - Application for Pro Hoc Vice)(Salem, Micheal) (Entered: 12/07/2010)

1 Exhibit A - Application for Pro Hoc Vice

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27 Dec. 7, 2010

TRANSCRIPT Order Form filed by Lynn L Lee indicating that transcript of proceedings of 11/22/10 is necessary. See order form for dates and proceedings. Estimated completion date February 6, 2011. (lhl, ) (Entered: 12/07/2010)

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28 Dec. 7, 2010

Receipt for Money Received from Muneer Awad in the amount of $50.00, receipt number OKW500013722 regarding 26 MOTION for Leave to Appear Pro Hac Vice of Gadeir Abbas. (njr) (Entered: 12/08/2010)

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29 Dec. 9, 2010

ORDER granting 26 Motion to Appear Pro Hac Vice requesting the admission of Gadeir Ibrahim Abbas pro hac vice for the limited purpose of participating in this case on behalf of plaintiff, provided he submits an ECF registration form and files an entry of appearance, consistent with LCvR 83.4. Signed by Honorable Vicki Miles-LaGrange on 12/9/2010. (ks) (Entered: 12/09/2010)

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30 Jan. 31, 2011

MOTION for Leave to File Amicus Brief by John K Mooney. (Attachments: # 1 Attachment 1 - Proposed Order) (njr) (Entered: 01/31/2011)

1 Attachment 1 - Proposed Order

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31 Feb. 4, 2011

ORDER denying 30 John K. Mooney's "Motion for Request to File: Amiable Brief, Friend of the Court" (as more fully set out in Order). Signed by Honorable Vicki Miles-LaGrange on 2/4/2011. (ks) (Entered: 02/04/2011)

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32 Feb. 14, 2011

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of proceedings of November 22, 2010, Hearing on Motion for Preliminary Injunction, before Judge Vicki Miles-LaGrange, re 21 Notice of Appeal Court Reporter Lynn L. Lee, Telephone number 405-609-5403. Transcript of: Hearing on Preliminary Injunction Volume: 1 of 1. 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 3/7/2011. Redacted Transcript Deadline set for 3/17/2011. Release of Transcript Restriction set for 5/16/2011. (lhl, ) (Entered: 02/14/2011)

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33 Feb. 15, 2011

TRANSCRIPT LETTER advising transcripts have been electronically filed re 21 Notice of Appeal filed by Thomas Prince, Ramon Watkins, Susan Turpen, Paul Ziriax. The record is ready for appeal purposes. (njr) (Entered: 02/15/2011)

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34 Feb. 25, 2011

LETTER from John K. Mooney. (njr) (Entered: 02/25/2011)

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35 Nov. 29, 2011

MOTION for Leave to Appear Pro Hac Vice of Chandra Shekhara Bhatnagar by All Plaintiffs. (Attachments: # 1 Exhibit A - Certificate of Good Standing - New York)(Salem, Micheal) (Entered: 11/29/2011)

1 Exhibit A - Certificate of Good Standing - New York

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36 Nov. 30, 2011

Receipt for Money Received from All Plaintiffs in the amount of $50.00, receipt number OKW500021130 regarding 35 MOTION for Leave to Appear Pro Hac Vice of Chandra Shekhara Bhatnagar. (njr) (Entered: 11/30/2011)

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37 Dec. 1, 2011

ENTRY of Appearance by Patrick R Wyrick on behalf of All Defendants (Wyrick, Patrick) (Entered: 12/01/2011)

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38 Dec. 1, 2011

ORDER granting 35 the motion for admission pro hac vice requesting the admission of Chandra Shekhara Bhatnagar pro hac vice provided counsel submits an ECF registration form and files an entry of appearance, consistent with LCvR 83.4. Signed by Honorable Vicki Miles-LaGrange on 12/1/2011. (ks) (Entered: 12/01/2011)

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39 Jan. 10, 2012

USCA OPINION as to 21 Notice of Appeal filed by Thomas Prince, Ramon Watkins, Susan Turpen, Paul Ziriax. Affirmed; terminated on the merits after oral hearing. Mandate to issue. (njr) (Entered: 01/10/2012)

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40 Jan. 10, 2012

USCA JUDGMENT as to 21 Notice of Appeal filed by Thomas Prince, Ramon Watkins, Susan Turpen, Paul Ziriax. (njr) (Entered: 01/10/2012)

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41 Feb. 1, 2012

MANDATE ISSUED From USCA as to 21 Notice of Appeal filed by Thomas Prince, Ramon Watkins, Susan Turpen, Paul Ziriax. (njr) (Entered: 02/01/2012)

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42 Feb. 10, 2012

Statement of Costs in the amount of $175.02 as to 21 Notice of Appeal filed by Thomas Prince, Ramon Watkins, Susan Turpen, Paul Ziriax. (njr) (Entered: 02/10/2012)

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43 Feb. 10, 2012

SUPPLEMENT to MANDATE From USCA as to 21 Notice of Appeal filed by Thomas Prince, Ramon Watkins, Susan Turpen, Paul Ziriax. (njr) (Entered: 02/10/2012)

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44 July 20, 2012

MOTION for Leave to File Amended Complaint and Brief in Support by Muneer Awad. (Salem, Micheal) (Entered: 07/20/2012)

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45 July 24, 2012

ORDER granting 44 plaintiff's Motion for Leave to Amend. Plaintiff shall file his amended complaint within fourteen (14) days of the date of this Order. Signed by Honorable Vicki Miles-LaGrange on 7/24/2012. (njr) (Entered: 07/24/2012)

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46 July 29, 2012

AMENDED COMPLAINT against Paul Ziriax, Steve Curry, Tom Montgomery filed by All Plaintiffs.(Salem, Micheal) (Entered: 07/29/2012)

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47 Aug. 7, 2012

ENTRY of Appearance by Chandra S Bhatnagar on behalf of All Plaintiffs (Bhatnagar, Chandra) (Entered: 08/07/2012)

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48 Aug. 16, 2012

ANSWER to 46 Amended Complaint by Steve Curry, Tom Montgomery, Vacant Position, Paul Ziriax.(Wyrick, Patrick) (Entered: 08/16/2012)

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49 Sept. 17, 2012

NOVMEBER STATUS & SCHEDULING CONFERENCE DOCKET: Scheduling Conference set for 11/6/2012 03:10 PM in Chambers before Honorable Vicki Miles-LaGrange. Status Report due by 10/30/2012. (ks) (Entered: 09/17/2012)

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50 Oct. 10, 2012

AMENDED NOVEMBER STATUS & SCHEDULING CONFERENCE DOCKET: Scheduling Conference set for 11/6/2012 03:20 PM in Chambers before Honorable Vicki Miles-LaGrange. Status Report due by 10/30/2012. (ks) (Entered: 10/10/2012)

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51 Oct. 29, 2012

STATUS REPORT - JOINT by Plaintiffs Muneer Awad, Imad Enchassi, Douglas Mock, Patricia Schwagmeyer, Adam Soltani, Defendants Steve Curry, Tom Montgomery, Paul Ziriax. (Salem, Micheal) (Entered: 10/29/2012)

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52 Nov. 2, 2012

MOTION for Leave to Appear Pro Hac Vice of Daniel Mach by All Plaintiffs. (Attachments: # 1 Attachment Request for Admission Pro Hac Vice - Daniel Mach)(Salem, Micheal) (Entered: 11/02/2012)

1 Attachment Request for Admission Pro Hac Vice - Daniel Mach

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53 Nov. 2, 2012

MOTION for Leave to Appear Pro Hac Vice Heather Weaver by All Plaintiffs. (Attachments: # 1 Attachment Request for Admission Pro Hac Vice - Heather Weaver)(Salem, Micheal) (Entered: 11/02/2012)

1 Attachment Request for Admission Pro Hac Vice - Heather Weaver

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54 Nov. 2, 2012

MOTION for Order to Appear by Phone at Status Conference by All Plaintiffs. (Salem, Micheal) (Entered: 11/02/2012)

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55 Nov. 6, 2012

Receipt for Money Received from All Plaintiffs in the amount of $50.00, receipt number OKW500028602 regarding 52 MOTION for Leave to Appear Pro Hac Vice of Daniel Mach. (njr) (Entered: 11/06/2012)

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56 Nov. 6, 2012

Receipt for Money Received from All Plaintiffs in the amount of $50.00, receipt number OKW500028603 regarding 53 MOTION for Leave to Appear Pro Hac Vice Heather Weaver. (njr) (Entered: 11/06/2012)

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57 Nov. 6, 2012

ORDER granting 52 and 53 Motions to Appear Pro Hac Vice; Daniel Mach and Heather L. Weaver are admitted to practice before this Court for the limited purpose of participating in this case on behalf of plaintiffs, provided counsel submit an ECF registration form and file an entry of appearance, consistent with LCvR 83.4. Signed by Honorable Vicki Miles-LaGrange on 11/6/2012. (ks) (Entered: 11/06/2012)

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58 Nov. 6, 2012

ORDER granting 54 plaintiffs' Motion to Appear at Status Conference by Phone. Signed by Honorable Vicki Miles-LaGrange on 11/6/2012. (ks) (Entered: 11/06/2012)

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59 Nov. 6, 2012

Minute Entry for proceedings held before Honorable Vicki Miles-LaGrange: Scheduling Conference held on 11/6/2012. The Court will enter an order setting a discovery deadline and briefing schedule. (ks) (Entered: 11/07/2012)

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60 Nov. 8, 2012

ORDER setting briefing schedule (as more fully set out in order). Signed by Honorable Vicki Miles-LaGrange on 11/8/2012. (ks) (Entered: 11/08/2012)

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61 Nov. 9, 2012

MOTION to Substitute Party Defendants in their Official Capacity Pursuant to Fed.Rul.Civ.P. 25(d) by All Plaintiffs. (Salem, Micheal) (Entered: 11/09/2012)

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62 Nov. 14, 2012

ORDER granting 61 plaintiffs' Motion to Substitute Party Defendants Pursuant to Fed.Rul.Civ.Pro. 25(d), and ordering that Diane Spurlock, Member of the Oklahoma State Election Board, be substituted for defendant Vacant Position, Member of the Oklahoma State Election Board. Diane Spurlock added. Vacant Position (Member of the Oklahoma State Election Board) terminated. Signed by Honorable Vicki Miles-LaGrange on 11/14/2012. (ks) (Entered: 11/14/2012)

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63 Nov. 14, 2012

ENTRY of Appearance by Daniel Mach on behalf of All Plaintiffs (Mach, Daniel) (Entered: 11/14/2012)

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64 Nov. 14, 2012

ENTRY of Appearance by Heather L Weaver on behalf of All Plaintiffs (Weaver, Heather) (Entered: 11/14/2012)

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65 Dec. 28, 2012

MOTION for Extension of Time to Extend Briefing Schedule Deadlines by All Plaintiffs. (Salem, Micheal) (Entered: 12/28/2012)

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66 Jan. 2, 2013

ORDER granting 65 plaintiff's motion to extend briefing schedule as follows: 1) Plaintiffs to file their motion for summary judgment by January 25, 2013; 2) Defendants to file their response/cross motion for summary judgment by March 11, 2013; 3) Plaintiffs to file their reply/response to cross motion for summary judgment by April 25, 2013; and 4) Defendants to file their reply by May 15, 2013. Signed by Honorable Vicki Miles-LaGrange on 1/2/2013. (ks) (Entered: 01/02/2013)

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67 Jan. 18, 2013

SECOND MOTION for Extension of Time To Extend Briefing Schedule by All Plaintiffs. (Salem, Micheal) (Entered: 01/18/2013)

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68 Jan. 22, 2013

ORDER granting 67 plaintiffs' second motion to extend briefing schedule and extending the briefing schedule as follows: 1) Plaintiffs to file their motion for summary judgment by February 8, 2013; 2) Defendants to file their response/cross motion for summary judgment by March 25, 2013; 3) Plaintiffs to file their reply/response to cross motion for summary judgment by May 9, 2013; and 4) Defendants to file their reply by May 29, 2013. Signed by Honorable Vicki Miles-LaGrange on 1/22/2013. (ks) (Entered: 01/22/2013)

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69 Feb. 6, 2013

UNOPPOSED MOTION for Leave to File Excess Pages on Brief for Motion for Summary Judment by All Plaintiffs. (Salem, Micheal) (Entered: 02/06/2013)

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70 Feb. 6, 2013

UNOPPOSED MOTION for Leave To Excuse Electronic Filing and Allow Conventional Filing Out of Time by All Plaintiffs. (Salem, Micheal) (Entered: 02/06/2013)

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71 Feb. 8, 2013

ORDER granting 69 plaintiffs' Motion for Leave to File Oversized Brief; Plaintiffs are granted leave to file a single brief in support of their motion for summary judgment not to exceed 65 pages; and granting 70 plaintiffs' Motion for Leave to Excuse Electronic Filing and Allow Conventional Filing Out of Time; Plaintiffs are granted leave to conventionally file certain exhibits as part of their motion for summary judgment out of time and by Monday, February 11, 2013. Signed by Honorable Vicki Miles-LaGrange on 2/8/2013. (ks) (Entered: 02/08/2013)

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72 Feb. 8, 2013

MOTION for Summary Judgment and Permanent Injunctive Relief as to Constitutionality of Oklahoma State Questions 755 by All Plaintiffs. (Salem, Micheal) (Entered: 02/08/2013)

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73 Feb. 8, 2013

BRIEF IN SUPPORT re 72 MOTION for Summary Judgment and Permanent Injunctive Relief as to Constitutionality of Oklahoma State Questions 755 by All Plaintiffs. (Attachments: # 1 Attachment 01-00 - Muneer Awad Declaration, # 2 Attachment 01-01 - Ex. 01- CAIR-OK Board Meeting Minutes, # 3 Attachment 01-02 - Ex. 02 - 916 Trip to OKC, # 4 Attachment 01-03 - Ex. 03 - 0921 Trip to Tulsa, # 5 Attachment 01-04 - Ex. 04 Young Dem Invite, # 6 Attachment 02-00 Adam Soltani Declaration, # 7 Attachment 02-01 - Ex. 01 - Adam Soltani Employment Letter, # 8 Attachment 02-02 - Ex. 02 - Adam Soltani Executive Committee Appointment, # 9 Attachment 02-03 - Ex. 03 Adam Soltani Will - Redacted, # 10 Attachment 03-00 - Imad Enchassi Declaration, # 11 Attachment 03-01 -Ex. 01 - Enchassi - Islamic Society Contract, # 12 Attachment 03-02 - Ex. 02 - Imad Enchassi - Bachelor & Sworn Translation, # 13 Attachment 03-03 - Ex. 03 Imad Enchassi - Masters & Sworn Translation, # 14 Attachment 03-04 - Ex. 04 - Imad Enchassi - Doctorate & Sworn Translation, # 15 Attachment 03-05 - Ex. 05 - Sample Marriage License Certification, # 16 Attachment 03-06 - Ex. 06 - Imad Enchassi DOC ID, # 17 Attachment 03-07 - Ex. 07 - Premarital-Counseling-Disclosure-Form, # 18 Attachment 04-00 - Doug Mock Declaration, # 19 Attachment 04-01 - Ex. 01 - Mock-Schwagmeyer Apostille, # 20 Attachment 05-00 - Patricial Schwagmeyer Declaration, # 21 Attachment 05-01 - Ex. 01 Mock-Schwagmeyer Apostille, # 22 Attachment 06-00 Awad v. Ziriax Hearing on Prel Inj 11-22-10, # 23 Attachment 07-00 Awad_v Ziriax - Oral Argument- Transcipt - Tenth Circuit, # 24 Attachment 08-00 Doc. 9852634 - Appellant-Petitioner's brief filed by Mr. Thomas Prince, Ms. Susan Turpen, Mr. Ramon Watkins and Mr. Paul Ziriax, # 25 Attachment 09-00 - Declaration of Heather Weaver (with Exhibits), # 26 Attachment 09-01 - Ex. 01 - Video of The Sykes Update 05-06-10 - Conventional Filing, # 27 Attachment 09-02 - Ex. 02- Facebook of Sykes Timeline post 05-07-10, # 28 Attachment 09-03 - Ex. 03 Facebook of Sykes Timeline post 05-07-10 with Bowen comments, # 29 Attachment 09-04 - Twitter of Sykes post 05-07-10, # 30 Attachment 09-05 - Video of Rep Duncan 05-25-10 interview, # 31 Attachment 09-06 - Video of The Sykes Update for 05-26-10, # 32 Attachment 09-07 - Facebook of Sykes Timeline post 05-27-10 with comments, # 33 Attachment 09-08 - Twitter of Sykes post 05-27-10, # 34 Attachment 09-09 - News article by Schlachtenhaufen posted 06-04-10, # 35 Attachment 09-10 - Video of Rep Duncan 06-11-10 interview on MSNBC, # 36 Attachment 09-11 - Video of Rep Duncan 06-16-10 interview on Fox News, # 37 Attachment 09-12 - Video of Rep Duncan 06-18-10 interview on Hannity segment of Fox News, # 38 Attachment 09-13 - Twitter of Murphey post 06-18-10, # 39 Attachment 09-14 - Twitter of Schwartz post 06-18-10, # 40 Attachment 09-15 - Twitter of Sykes post 06-20-10, # 41 Attachment 09-16 - Video of Rep Duncan 06-25-10 interview Fox News, # 42 Attachment 09-17 - News article by Kennedy posted 06-25-10, # 43 Attachment 09-18 - Audio of Rep Duncan 07-15-10 interview on America Akbar Radio, # 44 Attachment 09-19 - Website page of The Gadi Adelman Show containing Bio, # 45 Attachment 09-20 - News article by Hagerty posted 09-08-10, # 46 Attachment 09-21 - News article by Schlachtenhaufen posted on 09-24-10, # 47 Attachment 09-22 - News article by Brown posted 09-24-10, # 48 Attachment 09-23 - News article by Osborn posted 09-27-10, # 49 Attachment 09-24 - Video of Rep Duncan & Mohammed on KRMG News Talk Radio, # 50 Attachment 09-25 - Audio of Rep Duncan 10-6-10 interview on OKTEA, # 51 Attachment 09-26 - Video of Hashimi & Rep. Duncan 10-07-10 comments on KJRH News Ch 2, # 52 Attachment 09-27 - News article by Carter posted 10-07-10, # 53 Attachment 09-28 - Facebook of Brogdon Timeline post 10-07-10, # 54 Attachment 09-29 - Video of Rep Wesselhoft 10-17-10 comments on OK Politics & You, # 55 Attachment 09-30 - News article by Mitchell posted 10-18-10, # 56 Attachment 09-31 - Audio ad of ACT! For America, # 57 Attachment 09-32 - News article by Clark posted 10-20-10 on Fox News, # 58 Attachment 09-33 - News article by Ure posted 11-01-10, # 59 Attachment 09-34 - Website page of Act! for America posted 11-03-10, # 60 Attachment 09-35 - News article by Gabriel & Losawyer posted 10-16-10, # 61 Attachment 09-36 - Video Hashimi & Duncan 10-23-10 comments on Fox 23 News, # 62 Attachment 09-37 - News Article by Douglas Clark of Fox 23 posted 10-21-10, # 63 Attachment 09-38 - News article by Toensing posted 10-26-10 on ICTMN, # 64 Attachment 09-39 - Video of Sen. Sykes 11-01-10 interview on CNN, # 65 Attachment 09-40 - Video of Rep Moore & Awad 11-23-10 comments on Ch 4 News, # 66 Attachment 09-41 - Transcript of 12-02-10 Chris Matthews on NBC News, # 67 Attachment 09-42 - Article from Oklahoma State Senate Press Release on 01-10-12 with Sykes comments, # 68 Attachment 09-43 - Website page of Newberry posted 06-21-12, # 69 Attachment 09-44 - Website post by Clark Jolley for Oklahoma, # 70 Attachment 09-45 - News Content Analysis Spreadsheet)(Salem, Micheal) (Entered: 02/08/2013)

1 Attachment 01-00 - Muneer Awad Declaration

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2 Attachment 01-01 - Ex. 01- CAIR-OK Board Meeting Minutes

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3 Attachment 01-02 - Ex. 02 - 916 Trip to OKC

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4 Attachment 01-03 - Ex. 03 - 0921 Trip to Tulsa

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5 Attachment 01-04 - Ex. 04 Young Dem Invite

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6 Attachment 02-00 Adam Soltani Declaration

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7 Attachment 02-01 - Ex. 01 - Adam Soltani Employment Letter

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8 Attachment 02-02 - Ex. 02 - Adam Soltani Executive Committee Appointment

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9 Attachment 02-03 - Ex. 03 Adam Soltani Will - Redacted

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10 Attachment 03-00 - Imad Enchassi Declaration

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11 Attachment 03-01 -Ex. 01 - Enchassi - Islamic Society Contract

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12 Attachment 03-02 - Ex. 02 - Imad Enchassi - Bachelor & Sworn Translation

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13 Attachment 03-03 - Ex. 03 Imad Enchassi - Masters & Sworn Translation

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14 Attachment 03-04 - Ex. 04 - Imad Enchassi - Doctorate & Sworn Translation

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15 Attachment 03-05 - Ex. 05 - Sample Marriage License Certification

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16 Attachment 03-06 - Ex. 06 - Imad Enchassi DOC ID

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17 Attachment 03-07 - Ex. 07 - Premarital-Counseling-Disclosure-Form

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18 Attachment 04-00 - Doug Mock Declaration

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19 Attachment 04-01 - Ex. 01 - Mock-Schwagmeyer Apostille

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20 Attachment 05-00 - Patricial Schwagmeyer Declaration

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21 Attachment 05-01 - Ex. 01 Mock-Schwagmeyer Apostille

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22 Attachment 06-00 Awad v. Ziriax Hearing on Prel Inj 11-22-10

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23 Attachment 07-00 Awad_v Ziriax - Oral Argument- Transcipt - Tenth Circuit

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24 Attachment 08-00 Doc. 9852634 - Appellant-Petitioner's brief filed by Mr. T

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25 Attachment 09-00 - Declaration of Heather Weaver (with Exhibits)

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26 Attachment 09-01 - Ex. 01 - Video of The Sykes Update 05-06-10 - Conventional Fi

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27 Attachment 09-02 - Ex. 02- Facebook of Sykes Timeline post 05-07-10

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28 Attachment 09-03 - Ex. 03 Facebook of Sykes Timeline post 05-07-10 with Bowen co

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29 Attachment 09-04 - Twitter of Sykes post 05-07-10

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30 Attachment 09-05 - Video of Rep Duncan 05-25-10 interview

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31 Attachment 09-06 - Video of The Sykes Update for 05-26-10

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32 Attachment 09-07 - Facebook of Sykes Timeline post 05-27-10 with comments

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33 Attachment 09-08 - Twitter of Sykes post 05-27-10

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34 Attachment 09-09 - News article by Schlachtenhaufen posted 06-04-10

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35 Attachment 09-10 - Video of Rep Duncan 06-11-10 interview on MSNBC

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36 Attachment 09-11 - Video of Rep Duncan 06-16-10 interview on Fox News

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37 Attachment 09-12 - Video of Rep Duncan 06-18-10 interview on Hannity segment of

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38 Attachment 09-13 - Twitter of Murphey post 06-18-10

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39 Attachment 09-14 - Twitter of Schwartz post 06-18-10

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40 Attachment 09-15 - Twitter of Sykes post 06-20-10

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41 Attachment 09-16 - Video of Rep Duncan 06-25-10 interview Fox News

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42 Attachment 09-17 - News article by Kennedy posted 06-25-10

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43 Attachment 09-18 - Audio of Rep Duncan 07-15-10 interview on America Akbar Radio

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44 Attachment 09-19 - Website page of The Gadi Adelman Show containing Bio

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45 Attachment 09-20 - News article by Hagerty posted 09-08-10

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46 Attachment 09-21 - News article by Schlachtenhaufen posted on 09-24-10

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47 Attachment 09-22 - News article by Brown posted 09-24-10

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48 Attachment 09-23 - News article by Osborn posted 09-27-10

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49 Attachment 09-24 - Video of Rep Duncan & Mohammed on KRMG News Talk Radio

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50 Attachment 09-25 - Audio of Rep Duncan 10-6-10 interview on OKTEA

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51 Attachment 09-26 - Video of Hashimi & Rep. Duncan 10-07-10 comments on KJRH News

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52 Attachment 09-27 - News article by Carter posted 10-07-10

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53 Attachment 09-28 - Facebook of Brogdon Timeline post 10-07-10

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54 Attachment 09-29 - Video of Rep Wesselhoft 10-17-10 comments on OK Politics & Yo

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55 Attachment 09-30 - News article by Mitchell posted 10-18-10

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56 Attachment 09-31 - Audio ad of ACT! For America

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57 Attachment 09-32 - News article by Clark posted 10-20-10 on Fox News

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58 Attachment 09-33 - News article by Ure posted 11-01-10

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59 Attachment 09-34 - Website page of Act! for America posted 11-03-10

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60 Attachment 09-35 - News article by Gabriel & Losawyer posted 10-16-10

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61 Attachment 09-36 - Video Hashimi & Duncan 10-23-10 comments on Fox 23 News

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62 Attachment 09-37 - News Article by Douglas Clark of Fox 23 posted 10-21-10

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63 Attachment 09-38 - News article by Toensing posted 10-26-10 on ICTMN

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64 Attachment 09-39 - Video of Sen. Sykes 11-01-10 interview on CNN

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65 Attachment 09-40 - Video of Rep Moore & Awad 11-23-10 comments on Ch 4 News

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66 Attachment 09-41 - Transcript of 12-02-10 Chris Matthews on NBC News

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67 Attachment 09-42 - Article from Oklahoma State Senate Press Release on 01-10-12

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68 Attachment 09-43 - Website page of Newberry posted 06-21-12

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69 Attachment 09-44 - Website post by Clark Jolley for Oklahoma

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70 Attachment 09-45 - News Content Analysis Spreadsheet

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74 Feb. 11, 2013

NOTICE of Conventional Filing of Video and Audio Attachment Exhibits to Brief in Support of Plaintiffs' Motion for Summary Judgment [Doc. 073] by Micheal C Salem on behalf of All Plaintiffs (Salem, Micheal) (Entered: 02/11/2013)

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75 Feb. 11, 2013

EXHIBITS CONVENTIONALLY FILED re: 73 BRIEF IN SUPPORT re 72 MOTION for Summary Judgment: Attachments 09-01, 09-05, 09-06, 09-10, 09-11, 09-12, 09-16, 09-18, 09-24, 09-25, 09-26, 09-29, 09-31, 09-36, 09-39, 09-40 by Plaintiffs Muneer Awad, Imad Enchassi, Douglas Mock, Patricia Schwagmeyer, Adam Soltani. (njr) (Entered: 02/11/2013)

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76 March 19, 2013

UNOPPOSED MOTION for Extension of Time to File Response/Reply as to 72 MOTION for Summary Judgment and Permanent Injunctive Relief as to Constitutionality of Oklahoma State Questions 755 by Steve Curry, Tom Montgomery, Diane Spurlock, Paul Ziriax. (Wyrick, Patrick) (Entered: 03/19/2013)

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77 March 19, 2013

ORDER granting 76 defendants' Unopposed Motion for an Extension of Time to File Response to Plaintiffs' Motion for Summary Judgment (as more fully set out in order). Signed by Honorable Vicki Miles-LaGrange on 3/19/2013. (njr) (Entered: 03/19/2013)

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78 April 8, 2013

RESPONSE in Opposition re 72 MOTION for Summary Judgment and Permanent Injunctive Relief as to Constitutionality of Oklahoma State Questions 755 Defendants' Cross Motion for Summary Judgment and Brief in Support filed by Steve Curry, Tom Montgomery, Diane Spurlock, Paul Ziriax. (Wyrick, Patrick) (Entered: 04/08/2013)

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79 May 21, 2013

THIRD MOTION for Extension of Time to File Response/Reply to Defendants' Motion for Summary Judgment and Reply to Plaintiffs' Motion for Summary Judgment by All Plaintiffs. (Salem, Micheal) (Entered: 05/21/2013)

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80 May 21, 2013

ORDER granting 79 plaintiffs' Third Motion to Extend Briefing Schedule and extending the briefing schedule as follows: 1) Plaintiffs to file their reply/response to cross motion for summary judgment by June 6, 2013; and 2) Defendants to file their reply to cross motion for summary judgment by June 26, 2013. Signed by Honorable Vicki Miles-LaGrange on 5/21/2013. (ks) (Entered: 05/21/2013)

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81 June 6, 2013

REPLY to Response to Motion re 72 MOTION for Summary Judgment and Permanent Injunctive Relief as to Constitutionality of Oklahoma State Questions 755 filed by All Plaintiffs. (Salem, Micheal) (Entered: 06/06/2013)

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82 June 6, 2013

RESPONSE to Motion re 72 MOTION for Summary Judgment and Permanent Injunctive Relief as to Constitutionality of Oklahoma State Questions 755 (All Plaintiffs' Response to all Defendants' Cross-Motion for Summary Judgment 78 ) filed by All Plaintiffs. (Salem, Micheal) (Entered: 06/06/2013)

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83 June 6, 2013

BRIEF IN SUPPORT re 81 Reply to Response to Motion, 82 Response to Motion, Combined Brief to Reply to Plaintiffs' Motion for Summary Judgment 72 and Response to all Defendants' Cross-Motion for Summary Judgment 78 by All Plaintiffs. (Attachments: # 1 Attachment 10 - Okla HB1060)(Salem, Micheal) (Entered: 06/06/2013)

1 Attachment 10 - Okla HB1060

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84 Aug. 7, 2013

NOTICE (other) by Douglas Mock, Patricia Schwagmeyer re 73 Brief,,,,,,,,,,,,,,,,,,,,, in Support of Motion for Summary Judgment - Statement of Material Facts (Attachments: # 1 Exhibit 1 - Email - 2013-06-19)(Salem, Micheal) (Entered: 08/07/2013)

1 Exhibit 1 - Email - 2013-06-19

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85 Aug. 15, 2013

ORDER granting 72 plaintiffs' Motion for Summary Judgment, denying defendants' Cross Motion for Summary Judgment, and finding that defendants should be permanently enjoined from certifying the election results for SQ 755 (as more fully set out in order). Signed by Honorable Vicki Miles-LaGrange on 8/15/2013. (ks) (Entered: 08/15/2013)

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86 Aug. 15, 2013

JUDGMENT in favor of plaintiffs Adam Soltani, Douglas Mock, Imad Enchassi, Muneer Awad, and Patricia Schwagmeyer and against defendants Diane Spurlock, Paul Ziriax, Steve Curry, and Tom Montgomery, memebers of the Oklahoma State Election Board. Additionally, this Court permanently enjoins defendants fromcertifying the election results for State Question 755. Signed by Honorable Vicki Miles-LaGrange on 8/15/2013. (ks) (Entered: 08/15/2013)

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87 Aug. 21, 2013

UNOPPOSED MOTION for Extension of Time to File Motion for Attorneys' Fees, Bill of Costs, and Supporting Briefs by All Plaintiffs. (Salem, Micheal) (Entered: 08/21/2013)

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88 Aug. 22, 2013

ORDER granting 87 plaintiffs' unopposed motion to extend deadline to file motion for attorneys' fees, bill of costs, and supporting briefs. Plaintiffs shall file their motion for attorneys' fees, bill of costs, and supporting briefs on or before October 1, 2013. Signed by Honorable Vicki Miles-LaGrange on 8/22/2013. (ks) (Entered: 08/22/2013)

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89 Sept. 22, 2013

SECOND MOTION for Extension of Time To File Motion for Attorneys' Fees, Bill of Costs, and Supporting Briefs by All Plaintiffs. (Salem, Micheal) (Entered: 09/22/2013)

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90 Sept. 23, 2013

ORDER granting 89 plaintiffs' unopposed motion to extend deadline. Plaintiffs shall file their motion for attorneys' fees, bill of costs, and supporting briefs on or before November 1, 2013. Signed by Honorable Vicki Miles-LaGrange on 9/23/2013. (ks) (Entered: 09/23/2013)

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91 Oct. 16, 2013

THIRD MOTION for Extension of Time to file Motion for Attorneys' Fees, Bill of Costs, and Supporting Brief by All Plaintiffs. (Salem, Micheal) (Entered: 10/16/2013)

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92 Oct. 17, 2013

ORDER granting 91 plaintiffs' unopposed motion to extend deadline to file motion for attorneys' fees, bill of costs and supporting briefs. Plaintiffs shall file their motion for attorneys' fees, bill of costs, and supportingbriefs on or before December 1, 2013. Signed by Honorable Vicki Miles-LaGrange on 10/17/2013. (ks) (Entered: 10/17/2013)

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93 Dec. 1, 2013

BILL OF COSTS by All Plaintiffs. (Attachments: # 1 Exhibit Itemization of Bill of Costs)(Salem, Micheal) (Entered: 12/01/2013)

1 Exhibit Itemization of Bill of Costs

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94 Dec. 1, 2013

BRIEF IN SUPPORT of Bill of Costs by All Plaintiffs. (Salem, Micheal) (Entered: 12/01/2013)

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95 Dec. 1, 2013

MOTION for Attorney Fees by All Plaintiffs. (Salem, Micheal) (Entered: 12/01/2013)

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96 Dec. 1, 2013

BRIEF IN SUPPORT of Motion for Attorney Fees and Expenses by All Plaintiffs. (Salem, Micheal) (Entered: 12/01/2013)

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97 Dec. 1, 2013

DECLARATION by All Plaintiffs of Micheal Salem in Support of Motion for Attorney Fees and Expenses. (Attachments: # 1 Exhibit A - Time Records of Micheal Salem, # 2 Exhibit B - Litigation Expenses)(Salem, Micheal) (Entered: 12/01/2013)

1 Exhibit A - Time Records of Micheal Salem

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2 Exhibit B - Litigation Expenses

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98 Dec. 1, 2013

DECLARATION by All Plaintiffs of Daniel Mach in Support of Plaintiffs' Motion for Attorneys Fees and Expenses. (Attachments: # 1 Exhibit A - Time Records of Daniel Mach)(Salem, Micheal) (Entered: 12/01/2013)

1 Exhibit A - Time Records of Daniel Mach

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99 Dec. 1, 2013

DECLARATION by All Plaintiffs of Heather Weaver in Support of Motion for Attorney Fees and Expenses. (Attachments: # 1 Exhibit A - Time Records of Heather Weaver)(Salem, Micheal) (Entered: 12/01/2013)

1 Exhibit A - Time Records of Heather Weaver

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100 Dec. 1, 2013

DECLARATION by All Plaintiffs of Joseph Thai in Support of Motion for Attorney Fees and Expenses. (Attachments: # 1 Exhibit A - Time Records of Joseph Thai)(Salem, Micheal) (Entered: 12/01/2013)

1 Exhibit A - Time Records of Joseph Thai

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Case Details

State / Territory:

Oklahoma

Case Type(s):

Speech and Religious Freedom

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Nov. 4, 2010

Closing Date: 2014

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A practicing Muslim whose faith informs many aspects of his life.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: Yes

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

State

Oklahoma State Election Board

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Equal Protection

Establishment Clause

Free Exercise Clause

Other Dockets:

Western District of Oklahoma 5:10-cv-01186

Western District of Oklahoma 10-06273

Available Documents:

Any published opinion

Complaint (any)

Injunctive (or Injunctive-like) Relief

Monetary Relief

Non-settlement Outcome

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Injunction / Injunctive-like Settlement

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Content of Injunction:

Discrimination Prohibition

Preliminary relief granted

Amount Defendant Pays: $303,333

Issues

General/Misc.:

International law

Religious programs / policies

Discrimination Basis:

Religion discrimination

Recommended Citation