Case: Justice v. Hosemann

3:11-cv-00138 | U.S. District Court for the Northern District of Mississippi

Filed Date: Oct. 20, 2011

Closed Date: Sept. 1, 2015

Clearinghouse coding complete

Case Summary

A case summary is not yet available via the Clearinghouse.

Summary Authors

Luciano Hamel (4/8/2024)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4301412/parties/justice-v-hosemann/


Judge(s)
Attorney for Plaintiff

Avelar, Paul V. (Mississippi)

Attorney for Defendant

Allen, Matthew W. (Mississippi)

Armstrong, Travis Cade (Mississippi)

Ashjian, Nicholas Andrew (Mississippi)

Expert/Monitor/Master/Other

Aldridge, Meredith McCollum (Mississippi)

Other

Aldridge, Meredith McCollum (Mississippi)

Bardwell, William B. (Mississippi)

Baughman, Laura J. (Mississippi)

Biglane, Paige Henderson (Mississippi)

Clark, Wynn E. (Mississippi)

COWAN, ROBERT W. (Mississippi)

Cupit, Danny E. (Mississippi)

Davis, Jason L. (Mississippi)

Gov, Alison O'Neal (Mississippi)

Gov, Paul E. (Mississippi)

Gov, Wilson D. (Mississippi)

Gov, Justin L. (Mississippi)

Gov, Geoffrey C. (Mississippi)

Gov, Jacqueline H. (Mississippi)

Gov, Marvin L. (Mississippi)

Gov, Cameron L. (Mississippi)

Gov, Jason L. (Mississippi)

GUNN, W. HOWARD (Mississippi)

Hester, J. Lawson (Mississippi)

Hood, Jim (Mississippi)

Kitchens, John Wimberly (Mississippi)

Liston, William H. (Mississippi)

Martin, David Lee (Mississippi)

Matheny, Justin L. (Mississippi)

Millette, Samuel Martin (Mississippi)

Moore, Michael C. (Mississippi)

Neville, George W. (Mississippi)

Owens, Jerrolyn M. (Mississippi)

PHV, Kirsten D. (Mississippi)

PHV, Leonard Anthony (Mississippi)

PHV, Mimi Liu (Mississippi)

PHV, Linda Singer (Mississippi)

PHV, F. Jerome (Mississippi)

PHV, Hirlye R. (Mississippi)

PHV, James (Jim) (Mississippi)

PHV, Sean F. (Mississippi)

PHV, Carolyn Glass (Mississippi)

PHV, Laura S. (Mississippi)

PHV, Patricia A. (Mississippi)

Pittman, Crymes G. (Mississippi)

Quin, William M. (Mississippi)

SACKS, SHAYNA E. (Mississippi)

SHKOLNIK, HUNTER J. (Mississippi)

Trammell, Fletcher V. (Mississippi)

Use, Bridgette Williams (Mississippi)

White, Marvin L. (Mississippi)

Wolf, Michael Jeffrey (Mississippi)

Woods, Mary Jo (Mississippi)

Documents in the Clearinghouse

Documents in this case
1

3:11-cv-00138

Complaint for Declaratory and Injunctive Relief

Oct. 20, 2011

Oct. 20, 2011

Complaint
3

3:11-cv-00138

Plaintiff's Motion for a TRO and Preliminary Injunction

Oct. 20, 2011

Oct. 20, 2011

Pleading / Motion / Brief
14

3:11-cv-00138

Secretary of State Delbert Hosemann and Attorney General Jim Hoods’ Memorandum in Opposition to Plaintiffs’ Motion for TRO and Preliminary Injunction

Oct. 27, 2011

Oct. 27, 2011

Pleading / Motion / Brief
17

3:11-cv-00138

Order Denying Motion for Temporary Restraining Order & Preliminary Injunction

Nov. 3, 2011

Nov. 3, 2011

Order/Opinion
18

3:11-cv-00138

Plaintiffs’ Motion for Temporary Restraining Order and Preliminary Injunction is DENIED

Nov. 3, 2011

Nov. 3, 2011

Order/Opinion

829 F.Supp.2d 504

19

3:11-cv-00138

Defendants’ Answer and Affirmative Defenses

Nov. 8, 2011

Nov. 8, 2011

Pleading / Motion / Brief
42

3:11-cv-00138

Plaintiff's Motion for Summary Judgment

Nov. 16, 2012

Nov. 16, 2012

Pleading / Motion / Brief
43

3:11-cv-00138

Memorandum in Support of Plaintiff's Motion for Summary Judgment

Nov. 16, 2012

Nov. 16, 2012

Pleading / Motion / Brief
44

3:11-cv-00138

ecretary of State Delbert Hosemann and Attorney General Jim Hood’s Motion for Summary Judgment

Nov. 16, 2012

Nov. 16, 2012

Pleading / Motion / Brief
52

3:11-cv-00138

The State Defendants’ Opposition to Plaintiffs’ Motion for Summary Judgment

Dec. 6, 2012

Dec. 6, 2012

Pleading / Motion / Brief

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4301412/justice-v-hosemann/

Last updated April 16, 2026, 5:14 a.m.

ECF Number Date Description Link
1 Oct. 20, 2011

COMPLAINT for Declaratory and Injunctive Relief, against Delbert Hosemann, Jim Hood, Filing fee $ 350, receipt number MSN300006479, filed by Gordon Vance Justice, Jr, Sharon Bynum, Alison Kinnaman, Stanley O'Dell, Matthew Johnson. (Attachments: # 1 Civil Cover Sheet) (jtm)

1 Civil Cover Sheet

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Clearinghouse
2 Oct. 20, 2011

Summons Issued as to Jim Hood, Delbert Hosemann. (jtm)

RECAP
3 Oct. 20, 2011

MOTION for Temporary Restraining Order & Preliminary Injunction by All Plaintiffs. (Attachments: # 1 Exhibit A - Declarations Verifying Complaint, # 2 Exhibit Certificate of Notice Compliance) (Latino, Russell)

1 Exhibit A - Declarations Verifying Complaint

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2 Exhibit Certificate of Notice Compliance

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Clearinghouse
4 Oct. 20, 2011

MEMORANDUM IN SUPPORT re 3 MOTION for Temporary Restraining Order & Preliminary Injunction . (Latino, Russell)

RECAP
Oct. 20, 2011

NOTICE OF ASSIGNMENT. Case assigned to Judge Sharion Aycock and Magistrate Judge S. Allan Alexander. (jtm)

5 Oct. 21, 2011

NOTICE of Attorney Appearance by Harold Edward Pizzetta, III on behalf of Jim Hood, Delbert Hosemann (Pizzetta, Harold)

RECAP
6 Oct. 24, 2011

MOTION to Appear Pro Hac Vice ; Attorney Paul V. Avelar, by All Plaintiffs. (Attachments: # 1 Exhibit A - PHV Application (Form 6), # 2 Exhibit B - Certificates of Good Standing) (Latino, Russell)

RECAP
7 Oct. 24, 2011

MOTION to Appear Pro Hac Vice ; Attorney Steven M. Simpson, by All Plaintiffs. (Attachments: # 1 Exhibit A - PHV Application (Form 6), # 2 Exhibit B - Certificates of Good Standing) (Latino, Russell)

RECAP
8 Oct. 26, 2011

NOTICE of Hearing on Motion 3 MOTION for Temporary Restraining Order & Preliminary Injunction : Motion Hearing set for 11/1/2011 01:30 PM in Aberdeen Courtroom 1 before District Judge Sharion Aycock. (gs)

RECAP
9 Oct. 26, 2011

ORDER granting 6 Motion to Appear Pro Hac Vice; Attorney Paul V. Avelar. Signed by S. Allan Alexander on 10/26/11. (tab)

RECAP
10 Oct. 26, 2011

ORDER granting 7 Motion to Appear Pro Hac Vice; Attorney Steven M. Simpson. Signed by S. Allan Alexander on 10/26/11. (tab)

RECAP
11 Oct. 26, 2011

SUMMONS Returned Executed by Russell Latino on behalf of Gordon Vance Justice, Jr, Sharon Bynum, Alison Kinnaman, Stanley O'Dell, Matthew Johnson Delbert Hosemann served on 10/21/2011. (Latino, Russell)

RECAP
12 Oct. 26, 2011

SUMMONS Returned Executed by Russell Latino on behalf of Gordon Vance Justice, Jr, Sharon Bynum, Alison Kinnaman, Stanley O'Dell, Matthew Johnson Jim Hood served on 10/21/2011. (Latino, Russell)

RECAP
13 Oct. 27, 2011

RESPONSE in Opposition re 3 MOTION for Temporary Restraining Order & Preliminary Injunction filed by Jim Hood, Delbert Hosemann. (Attachments: # 1 Exhibit A. Mississippis Statement of Organization for a Political Committee form, # 2 Exhibit B. Mississippis Political Committee Report of Receipts and Disbursements Initiative Monthly Report from, # 3 Exhibit C. Mississippis Form for itemized contributions supplied by the Secretary of State, # 4 Exhibit D. Mississippis Form for itemized disbursements supplied by the Secretary of State, # 5 Exhibit E. Mississippi Secretary of State Press Release: October 25, 2010 - Eminent Domain makes the 2011 Ballot, # 6 Exhibit F. Oregon Statement of Organization for Petition Committee form, # 7 Exhibit G. Montana Form C-2, Statement of Organization, # 8 Exhibit H. Montana Political Committee Financial Report Form C-6, # 9 Exhibit I.-Pt. 1. Montanas Accounting & Reporting Manual for Political Committees, # 10 Exhibit I.-Pt. 2. Montanas Accounting & Reporting Manual for Political Committees, # 11 Exhibit J. Massachusetts Campaign Finance Guide, # 12 Exhibit K. Massachusetts Statement of Organization, # 13 Exhibit L. Massachusetts Ballot Question Committee Finance Report, # 14 Exhibit M. Massachusetts Report of Ballot Question Expenditures, # 15 Exhibit N. Ohio Campaign Finance Handbook, # 16 Exhibit O.-Pt. 1. North Dakota Campaign Finance Disclosure Requirements, # 17 Exhibit O.-Pt. 2. North Dakota Campaign Finance Disclosure Requirements, # 18 Exhibit P. North Dakota Campaign Contribution Statement, # 19 Exhibit Q. Ohio Campaign Finance Handbook Administrative Rule at C-10, C-11, # 20 Exhibit R. Ohio Independent Expenditure Form, # 21 Exhibit S. Mississippi Dept. of Wildlife, Fisheries and Parks License Application, # 22 Exhibit T. Mississippi Drivers Application, # 23 Exhibit U. Bank Account Application, # 24 Exhibit V. Gym Application, # 25 Exhibit W. Classified Advertisement On-Line Form, # 26 Exhibit X. Initiative 31 Pamphlet supplied by the Mississippi Secretary of State, # 27 Exhibit Y. Mississippi Firearm Permit Application, # 28 Exhibit Z. Mississippi Motor Boat Registration Application, # 29 Exhibit AA. Washington Independent Expenditure Ads & Electioneering Communications, # 30 Exhibit BB.-Pt. 1. Washingtons Campaign Disclosure Instructions, # 31 Exhibit BB.-Pt. 2. Washingtons Campaign Disclosure Instructions, # 32 Exhibit BB.-Pt. 3. Washingtons Campaign Disclosure Instructions, # 33 Exhibit CC. Associated Press Story, October 25, 2011 - Eminent domain initiative to be on November 2011 ballot) (Pizzetta, Harold)

1 Exhibit A. Mississippis Statement of Organization for a Political Committee form

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2 Exhibit B. Mississippis Political Committee Report of Receipts and Disbursements

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3 Exhibit C. Mississippis Form for itemized contributions supplied by the Secretar

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4 Exhibit D. Mississippis Form for itemized disbursements supplied by the Secretar

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5 Exhibit E. Mississippi Secretary of State Press Release: October 25, 2010 - Emin

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6 Exhibit F. Oregon Statement of Organization for Petition Committee form

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7 Exhibit G. Montana Form C-2, Statement of Organization

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8 Exhibit H. Montana Political Committee Financial Report Form C-6

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9 Exhibit I.-Pt. 1. Montanas Accounting & Reporting Manual for Political Committee

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10 Exhibit I.-Pt. 2. Montanas Accounting & Reporting Manual for Political Committee

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11 Exhibit J. Massachusetts Campaign Finance Guide

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12 Exhibit K. Massachusetts Statement of Organization

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13 Exhibit L. Massachusetts Ballot Question Committee Finance Report

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14 Exhibit M. Massachusetts Report of Ballot Question Expenditures

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15 Exhibit N. Ohio Campaign Finance Handbook

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16 Exhibit O.-Pt. 1. North Dakota Campaign Finance Disclosure Requirements

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17 Exhibit O.-Pt. 2. North Dakota Campaign Finance Disclosure Requirements

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18 Exhibit P. North Dakota Campaign Contribution Statement

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19 Exhibit Q. Ohio Campaign Finance Handbook Administrative Rule at C-10, C-11

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20 Exhibit R. Ohio Independent Expenditure Form

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21 Exhibit S. Mississippi Dept. of Wildlife, Fisheries and Parks License Applicatio

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22 Exhibit T. Mississippi Drivers Application

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23 Exhibit U. Bank Account Application

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24 Exhibit V. Gym Application

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25 Exhibit W. Classified Advertisement On-Line Form

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26 Exhibit X. Initiative 31 Pamphlet supplied by the Mississippi Secretary of State

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27 Exhibit Y. Mississippi Firearm Permit Application

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28 Exhibit Z. Mississippi Motor Boat Registration Application

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29 Exhibit AA. Washington Independent Expenditure Ads & Electioneering Communicatio

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30 Exhibit BB.-Pt. 1. Washingtons Campaign Disclosure Instructions

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31 Exhibit BB.-Pt. 2. Washingtons Campaign Disclosure Instructions

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32 Exhibit BB.-Pt. 3. Washingtons Campaign Disclosure Instructions

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33 Exhibit CC. Associated Press Story, October 25, 2011 - Eminent domain initiative

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RECAP
14 Oct. 27, 2011

MEMORANDUM IN OPPOSITION re 3 MOTION for Temporary Restraining Order & Preliminary Injunction . (Pizzetta, Harold)

Clearinghouse
15 Nov. 1, 2011

AFFIDAVIT of Patsy Brumfield relative to utilization of a laptop computer. (mhg)

RECAP
16 Nov. 1, 2011

Minute Entry for proceedings held before District Judge Sharion Aycock: Motion Hearing held on 11/1/2011 re 3 MOTION for Temporary Restraining Order & Preliminary Injunction filed by Stanley O'Dell, Matthew Johnson, Sharon Bynum, Alison Kinnaman, Gordon Vance Justice, Jr. (Court Reporter Phyllis McLarty.) (gs)

RECAP
17 Nov. 3, 2011

ORDER denying 3 Motion for TRO. Signed by District Judge Sharion Aycock on 11/3/2011. (sba)

Clearinghouse
18 Nov. 3, 2011

MEMORANDUM OPINION re 17 Order on Motion for TRO. Signed by District Judge Sharion Aycock on 11/3/2011. (sba)

Clearinghouse
19 Nov. 8, 2011

ANSWER to 1 Complaint, by Jim Hood, Delbert Hosemann. (Pizzetta, Harold)

Clearinghouse
20 Nov. 9, 2011

INITIAL ORDER - RULE 16.1 Case Management Conference set for 12/21/2011 09:00 AM in Judge Alexander Chambers before S. Allan Alexander. Signed by S. Allan Alexander on 11/9/11. (wsm)

RECAP
21 Dec. 1, 2011

Transcript of Hearing on Motion for Temporary Restraining Order And Preliminary Injunction held November 1, 2011, Aberdeen before Judge Sharion Aycock. Court Reporter/Transcriber Phyllis K. McLarty, Telephone number 662-871-4991. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have seven (7) days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The Policy is located on our website at www.msnd.uscourts.gov. 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 12/22/2011. Redacted Transcript Deadline set for 1/3/2012. Release of Transcript Restriction set for 2/29/2012. (tab)

RECAP
22 Dec. 16, 2011

NOTICE OF SERVICE of Pre-Discovery Disclosure Information by Harold Edward Pizzetta, III on behalf of Jim Hood, Delbert Hosemann to Gordon Vance Justice, Jr.; Sharon Bynum; Matthew Johnson; Alison Kinnaman; and Stanley O'Dell. (Pizzetta, Harold)

RECAP
23 Dec. 16, 2011

NOTICE OF SERVICE of Plaintiffs' Pre-Discovery Disclosure Information by Paul V. Avelar on behalf of Sharon Bynum, Matthew Johnson, Gordon Vance Justice, Jr, Alison Kinnaman, Stanley O'Dell to Defendants Delbert Hosemann and Jim Hood. (Avelar, Paul)

RECAP
24 Dec. 21, 2011

Minute Entry for proceedings held before S. Allan Alexander: Case Management Conference held on 12/21/2011. (wsm)

RECAP
25 Jan. 3, 2012

CASE MANAGEMENT ORDER Final Pretrial Conference set for 1/17/2013 09:00 AM in Judge Alexander Chambers before S. Allan Alexander. Discovery due by 9/28/2012. Amendments/Joinder of Parties due by 1/20/2012. Plaintiffs Designation of Experts due by 6/28/2012. Defendants Designation of Experts due by 7/28/2012. Motions due by 10/19/2012.Signed by S. Allan Alexander on 1/3/12. (wsm) (Entered: 01/04/2012)

RECAP
26 Jan. 4, 2012

NOTICE of Trial: Non-Jury Trial set for 2/19/2013 10:00 AM in Aberdeen Courtroom 1 before District Judge Sharion Aycock. (gs)

RECAP
27 Jan. 5, 2012

NOTICE of Conference: Final Pretrial Conference set for 1/17/2013 09:00 AM in Judge Alexander Chambers before S. Allan Alexander. (wsm)

RECAP
28 Jan. 5, 2012

ORDER Governing Pretrial Conference and Preparation of Final Pretrial Order Signed by S. Allan Alexander on 1/5/12. (wsm)

RECAP
29 June 22, 2012

MOTION for Extension of Time to Disclose Expert Witness by All Plaintiffs. (Attachments: # 1 Affidavit) (Latino, Russell)

RECAP
30 June 25, 2012

ORDER granting 29 Motion for Extension of Time. Signed by S. Allan Alexander on 6/25/12. (kbt)

RECAP
June 25, 2012

Set/Reset Case Management Order Deadlines: Plaintiffs Designation of Experts due by 7/26/2012. Defendants Designation of Experts due by 8/29/2012. (kbt)

31 July 26, 2012

NOTICE OF SERVICE of Supplemental Disclosure by Paul V. Avelar on behalf of Sharon Bynum, Matthew Johnson, Gordon Vance Justice, Jr, Alison Kinnaman, Stanley O'Dell to Defendants Delbert Hosemann and Jim Hood. (Avelar, Paul)

RECAP
32 July 26, 2012

NOTICE OF SERVICE of Expert Report by Paul V. Avelar on behalf of Sharon Bynum, Matthew Johnson, Gordon Vance Justice, Jr, Alison Kinnaman, Stanley O'Dell to Defendants Delbert Hosemann and Jim Hood. (Avelar, Paul)

RECAP
33 July 26, 2012

NOTICE OF SERVICE of Discovery Requests by Paul V. Avelar on behalf of Sharon Bynum, Matthew Johnson, Gordon Vance Justice, Jr, Alison Kinnaman, Stanley O'Dell to Defendants Delbert Hosemann and Jim Hood. (Avelar, Paul)

RECAP
34 Aug. 24, 2012

NOTICE OF SERVICE of Defendant's Response to Request for Admissions by Harold Edward Pizzetta, III on behalf of Delbert Hosemann to Plaintiffs. (Pizzetta, Harold)

RECAP
35 Aug. 24, 2012

NOTICE OF SERVICE of Defendant's Response to Plaintiffs' First Set of Interrogatories by Harold Edward Pizzetta, III on behalf of Delbert Hosemann to Plaintiffs. (Pizzetta, Harold)

RECAP
36 Aug. 24, 2012

NOTICE OF SERVICE of Defendant's Response to Plaintiffs' Request for Production of Documents by Harold Edward Pizzetta, III on behalf of Delbert Hosemann to Plaintiffs. (Pizzetta, Harold)

RECAP
37 Sept. 12, 2012

NOTICE OF SERVICE of Defendant Delbert Hosemanns Responses and Objections to Plaintiffs First Set of Interrogatories by Harold Edward Pizzetta, III on behalf of Delbert Hosemann to GORDON VANCE JUSTICE, JR.; SHARON BYNUM; MATTHEW JOHNSON; ALISON KINNAMAN AND STANLEY O'DELL. (Pizzetta, Harold)

RECAP
38 Sept. 13, 2012

PROOF OF SERVICE OF SUBPOENA TO TESTIFY AT A DEPOSITION TO BE TAKEN ON 9/26/12 AT 9:30 a.m. served on Atlee Breland on 09/12/2012 by Harold Edward Pizzetta, III on behalf of Jim Hood, Delbert Hosemann. (Pizzetta, Harold)

RECAP
39 Sept. 17, 2012

NOTICE OF SERVICE of Notices of Deposition by Paul V. Avelar on behalf of Sharon Bynum, Matthew Johnson, Gordon Vance Justice, Jr, Alison Kinnaman, Stanley O'Dell to Defendants. (Avelar, Paul)

RECAP
40 Oct. 11, 2012

MOTION for Extension of Time by All Parties. (Attachments: # 1 Declaration in Support of Joint Motion for Entry of Briefing Schedule) (Avelar, Paul)

RECAP
41 Oct. 15, 2012

ORDER granting 40 Motion for Extension of Time. Signed by S. Allan Alexander on 10/15/12. (kbt)

RECAP
Oct. 15, 2012

Set/Reset Case Management Order Deadlines: Motions due by 11/16/2012. (kbt)

42 Nov. 16, 2012

MOTION for Summary Judgment by All Plaintiffs. (Attachments: # 1 Exhibit 1 - Statement of Organization Form, # 2 Exhibit 2 - Initiative Monthly Report Form, # 3 Exhibit 3 - 2012 Report of Receipts and Disbursements Form, # 4 Exhibit 4 - 2012 Campaign Finance Guide, # 5 Exhibit 5 - 2011 Campaign Finance Guide, # 6 Exhibit 6 - Constitutional Initiative Guide, # 7 Exhibit 7 - Itemized Receipts Form, # 8 Exhibit 8 - Initiative 31 Brochure, # 9 Exhibit 9 - Excerpts of Def. Resp. to Interrog., # 10 Exhibit 10 - Initiative 27 Information Page, # 11 Exhibit 11 - Excerpts of Dep. of K. Turner, # 12 Exhibit 12 - Excerpts of Dep. of A. Breeland, # 13 Exhibit 13 - Ltr. to D. Waide, # 14 Exhibit 14 - Expert Report of D. Primo, # 15 Exhibit 15 - Decl. of D. Simpson, # 16 Exhibit 16 - Initiative 26 Brochure) (Avelar, Paul)

1 Exhibit 1 - Statement of Organization Form

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2 Exhibit 2 - Initiative Monthly Report Form

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3 Exhibit 3 - 2012 Report of Receipts and Disbursements Form

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4 Exhibit 4 - 2012 Campaign Finance Guide

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5 Exhibit 5 - 2011 Campaign Finance Guide

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6 Exhibit 6 - Constitutional Initiative Guide

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7 Exhibit 7 - Itemized Receipts Form

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8 Exhibit 8 - Initiative 31 Brochure

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9 Exhibit 9 - Excerpts of Def. Resp. to Interrog.

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10 Exhibit 10 - Initiative 27 Information Page

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11 Exhibit 11 - Excerpts of Dep. of K. Turner

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12 Exhibit 12 - Excerpts of Dep. of A. Breeland

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13 Exhibit 13 - Ltr. to D. Waide

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14 Exhibit 14 - Expert Report of D. Primo

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15 Exhibit 15 - Decl. of D. Simpson

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16 Exhibit 16 - Initiative 26 Brochure

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Clearinghouse
43 Nov. 16, 2012

MEMORANDUM IN SUPPORT re 42 MOTION for Summary Judgment . (Avelar, Paul)

Clearinghouse
44 Nov. 16, 2012

MOTION for Summary Judgment by Jim Hood, Delbert Hosemann. (Attachments: # 1 Exhibit A - Mississippis Statement of Organization for a Political Committee form, # 2 Exhibit B - Mississippis Political Committee Report of Receipts and Disbursements Initiative Monthly Report from, # 3 Exhibit C - Mississippis Form for itemized contributions supplied by the Secretary of State, # 4 Exhibit D - Form for itemized disbursements supplied by the Secretary of State, # 5 Exhibit E - Secretary of State Press Release: October 25, 2010 - Eminent Domain makes the 2011 Ballot, # 6 Exhibit F - Oregon Statement of Organization for Petition Committee form, # 7 Exhibit G - Montana Form C-2, Statement of Organization, # 8 Exhibit H - Montana Political Committee Financial Report Form C-6, # 9 Exhibit I pt. 1 - Montanas Accounting & Reporting Manual for Political Committees, # 10 Exhibit I pt 2 - Montanas Accounting & Reporting Manual for Political Committees, # 11 Exhibit J - Massachusetts Campaign Finance Guide, # 12 Exhibit K - Massachusetts Statement of Organization, # 13 Exhibit L - Massachusetts Ballot Question Committee Finance Report, # 14 Exhibit M - Massachusetts Report of Ballot Question Expenditures, # 15 Exhibit N - Ohio Campaign Finance Handbook, # 16 Exhibit O pt 1 - North Dakota Campaign Finance Disclosure Requirements, # 17 Exhibit O pt 2 - North Dakota Campaign Finance Disclosure Requirements, # 18 Exhibit P - North Dakota Campaign Contribution Statement, # 19 Exhibit Q - Ohio Campaign Finance Handbook Administrative Rule at C-10, C-11, # 20 Exhibit R - Ohio Independent Expenditure Form, # 21 Exhibit S - Mississippi Dept. of Wildlife, Fisheries and Parks License Application, # 22 Exhibit T - Mississippi Drivers Application, # 23 Exhibit U - Bank Account Application, # 24 Exhibit V - Gym Application, # 25 Exhibit W - Classified Advertisement On-Line Form, # 26 Exhibit X - Initiative 31 Pamphlet supplied by the Secretary of State, # 27 Exhibit Y - Mississippi Firearm Permit Application, # 28 Exhibit Z - Mississippi Motor Boat Registration Application, # 29 Exhibit AA - Washington Independent Expenditure Ads & Electioneering Communications, # 30 Exhibit BB pt 1 - Washingtons Campaign Disclosure Instructions, # 31 Exhibit BB pt 2 - Washingtons Campaign Disclosure Instructions, # 32 Exhibit BB pt 3 - Washingtons Campaign Disclosure Instructions, # 33 Exhibit CC - Associated Press Story, October 25, 2011 - Eminent domain initiative to be on November 2011 ballot) (Pizzetta, Harold)

1 Exhibit A - Mississippis Statement of Organization for a Political Committee for

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2 Exhibit B - Mississippis Political Committee Report of Receipts and Disbursement

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3 Exhibit C - Mississippis Form for itemized contributions supplied by the Secreta

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4 Exhibit D - Form for itemized disbursements supplied by the Secretary of State

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5 Exhibit E - Secretary of State Press Release: October 25, 2010 - Eminent Domain

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6 Exhibit F - Oregon Statement of Organization for Petition Committee form

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7 Exhibit G - Montana Form C-2, Statement of Organization

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8 Exhibit H - Montana Political Committee Financial Report Form C-6

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9 Exhibit I pt. 1 - Montanas Accounting & Reporting Manual for Political Committee

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10 Exhibit I pt 2 - Montanas Accounting & Reporting Manual for Political Committees

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11 Exhibit J - Massachusetts Campaign Finance Guide

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12 Exhibit K - Massachusetts Statement of Organization

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13 Exhibit L - Massachusetts Ballot Question Committee Finance Report

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14 Exhibit M - Massachusetts Report of Ballot Question Expenditures

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15 Exhibit N - Ohio Campaign Finance Handbook

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16 Exhibit O pt 1 - North Dakota Campaign Finance Disclosure Requirements

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17 Exhibit O pt 2 - North Dakota Campaign Finance Disclosure Requirements

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18 Exhibit P - North Dakota Campaign Contribution Statement

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19 Exhibit Q - Ohio Campaign Finance Handbook Administrative Rule at C-10, C-11

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20 Exhibit R - Ohio Independent Expenditure Form

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21 Exhibit S - Mississippi Dept. of Wildlife, Fisheries and Parks License Applicati

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22 Exhibit T - Mississippi Drivers Application

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23 Exhibit U - Bank Account Application

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24 Exhibit V - Gym Application

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25 Exhibit W - Classified Advertisement On-Line Form

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26 Exhibit X - Initiative 31 Pamphlet supplied by the Secretary of State

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27 Exhibit Y - Mississippi Firearm Permit Application

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28 Exhibit Z - Mississippi Motor Boat Registration Application

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29 Exhibit AA - Washington Independent Expenditure Ads & Electioneering Communicati

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30 Exhibit BB pt 1 - Washingtons Campaign Disclosure Instructions

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31 Exhibit BB pt 2 - Washingtons Campaign Disclosure Instructions

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32 Exhibit BB pt 3 - Washingtons Campaign Disclosure Instructions

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33 Exhibit CC - Associated Press Story, October 25, 2011 - Eminent domain initiativ

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Clearinghouse
45 Nov. 16, 2012

MEMORANDUM IN SUPPORT re 44 MOTION for Summary Judgment . (Pizzetta, Harold)

RECAP
46 Nov. 16, 2012

MOTION Motion to Exclude Plaintiffs' Expert and Other Relief by Jim Hood, Delbert Hosemann. (Pizzetta, Harold)

RECAP
47 Nov. 16, 2012

MEMORANDUM IN SUPPORT re 46 MOTION Motion to Exclude Plaintiffs' Expert and Other Relief . (Attachments: # 1 Exhibit A - Expert Report, # 2 Exhibit B - Litigation Backgrounder, # 3 Exhibit C pt. 1 - Full Disclosure, # 4 Exhibit C pt. 2 - Full Disclosure, # 5 Exhibit C pt. 3 - Full Disclosure, # 6 Exhibit C pt. 4 - Full Disclosure, # 7 Exhibit D - Carpenter Bio, # 8 Exhibit E - Primo Paper, # 9 Exhibit F - Mandatory Disclosure) (Pizzetta, Harold)

RECAP
48 Nov. 28, 2012

MOTION for Extension of Time to File Responses to Defendants' Motion for Summary Judgment and Motion to Exclude Plaintiffs' Expert and Other Relief by All Plaintiffs. (Attachments: # 1 Declaration of Paul Avelar in Support of Plaintiffs' Motion for Extension of Time) (Avelar, Paul)

RECAP
Nov. 30, 2012

TEXT ORDER granting 48 Motion for Extension of Time. Responses due by 12/6/2012. No further written order will issue. Signed by District Judge Sharion Aycock on 11/30/2012. (sba) (no document attached).

49 Dec. 6, 2012

RESPONSE in Opposition re 42 MOTION for Summary Judgment filed by Delbert Hosemann. (Attachments: # 1 Exhibit A - Breland Deposition at 9, 13-15. 32, 51, Ex. 2, # 2 Exhibit B - Turner Deposition at 18-19, 33.) (Pizzetta, Harold)

RECAP
50 Dec. 6, 2012

MOTION to Strike the Declaration of Diana Simpson, Docket Entry No. [45-15] by Delbert Hosemann. (Pizzetta, Harold)

RECAP
51 Dec. 6, 2012

MEMORANDUM IN SUPPORT re 50 MOTION to Strike the Declaration of Diana Simpson, Docket Entry No. [45-15] . (Attachments: # 1 Exhibit A - Declaration of Diana Simpson / Plaintiffs Exhibit 15 to Docket Entry 42, # 2 Exhibit B - Plaintiffs initial disclosures and their supplemental initial disclosures, # 3 Exhibit C - Pages 1 and 2 of the Deposition Transcript of Breland and Turner showing that Simpson has appeared as counsel for the Plaintiffs at depositions conducted in the matter.) (Pizzetta, Harold)

RECAP
52 Dec. 6, 2012

RESPONSE in Opposition re 42 MOTION for Summary Judgment filed by Jim Hood, Delbert Hosemann. (Attachments: # 1 Exhibit A - Breland Deposition at 9, 13-15. 32, 51, Ex. 2, # 2 Exhibit B - Turner Deposition at 18-19, 33.) (Pizzetta, Harold)

1 Exhibit A - Breland Deposition at 9, 13-15. 32, 51, Ex. 2

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2 Exhibit B - Turner Deposition at 18-19, 33.

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Clearinghouse
53 Dec. 6, 2012

MOTION to Strike the Declaration of Diana Simpson, Docket Entry No. [45-15] by Jim Hood, Delbert Hosemann. (Pizzetta, Harold)

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54 Dec. 6, 2012

MEMORANDUM IN SUPPORT re 53 MOTION to Strike the Declaration of Diana Simpson, Docket Entry No. [45-15] . (Attachments: # 1 Exhibit A - Plaintiffs Exhibit 15 to Docket Entry 42, # 2 Exhibit B - Plaintiffs initial disclosures and their supplemental initial disclosures, # 3 Exhibit C - Pages 1 and 2 of the Deposition Transcript of Breland and Turner showing that Simpson has appeared as counsel for the Plaintiffs at depositions conducted in the matter.) (Pizzetta, Harold)

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55 Dec. 6, 2012

RESPONSE in Opposition re 44 MOTION for Summary Judgment filed by Sharon Bynum, Matthew Johnson, Gordon Vance Justice, Jr, Alison Kinnaman, Stanley O'Dell. (Attachments: # 1 Exhibit 1 - Addl Excerpts of Dep. of Kimberly P. Turner) (Avelar, Paul)

1 Exhibit 1 - Addl Excerpts of Dep. of Kimberly P. Turner

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56 Dec. 6, 2012

MEMORANDUM IN OPPOSITION re 44 MOTION for Summary Judgment . (Avelar, Paul)

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57 Dec. 6, 2012

RESPONSE in Opposition re 46 MOTION Motion to Exclude Plaintiffs' Expert and Other Relief filed by Sharon Bynum, Matthew Johnson, Gordon Vance Justice, Jr, Alison Kinnaman, Stanley O'Dell. (Attachments: # 1 Exhibit 1 - Decl. of David Primo, Ph.D., # 2 Exhibit 2 - J. Milyo, Red Tape, # 3 Exhibit 3 - Gagnon and Palda, The Price of Transparency) (Avelar, Paul)

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58 Dec. 6, 2012

MEMORANDUM IN OPPOSITION re 46 MOTION Motion to Exclude Plaintiffs' Expert and Other Relief . (Avelar, Paul)

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Dec. 6, 2012

NOTICE OF CORRECTION: Doc. 49, 50, 51 filed incorrectly, atty to re-file re 51 Memorandum in Support,, 49 Response in Opposition to Motion, 50 MOTION to Strike the Declaration of Diana Simpson, Docket Entry No. [45-15] (tab)

59 Dec. 17, 2012

REPLY to Response to Motion re 46 MOTION Motion to Exclude Plaintiffs' Expert and Other Relief filed by Jim Hood, Delbert Hosemann. (Pizzetta, Harold)

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60 Dec. 17, 2012

REPLY to Response to Motion re 42 MOTION for Summary Judgment filed by Sharon Bynum, Matthew Johnson, Gordon Vance Justice, Jr, Alison Kinnaman, Stanley O'Dell. (Avelar, Paul)

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61 Dec. 18, 2012

RESPONSE in Support re 44 MOTION for Summary Judgment filed by Jim Hood, Delbert Hosemann. (Pizzetta, Harold)

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62 Dec. 24, 2012

RESPONSE in Opposition re 53 MOTION to Strike the Declaration of Diana Simpson, Docket Entry No. [45-15] filed by Sharon Bynum, Matthew Johnson, Gordon Vance Justice, Jr, Alison Kinnaman, Stanley O'Dell. (Attachments: # 1 Exhibit Exhibit 1 Part 1, # 2 Exhibit Exhibit 1 Part 2, # 3 Exhibit Exhibit 1 Part 3, # 4 Exhibit Exhibit 1 Part 4) (Avelar, Paul)

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63 Dec. 24, 2012

MEMORANDUM IN OPPOSITION re 53 MOTION to Strike the Declaration of Diana Simpson, Docket Entry No. [45-15] . (Avelar, Paul)

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64 Jan. 2, 2013

REPLY to Response to Motion re 53 MOTION to Strike the Declaration of Diana Simpson, Docket Entry No. [45-15] filed by Jim Hood, Delbert Hosemann. (Pizzetta, Harold)

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65 Jan. 10, 2013

NOTICE of Hearing on Motions 44 MOTION for Summary Judgment, 42 MOTION for Summary Judgment : Motions Hearing set for 2/6/2013 10:00 AM in Aberdeen Courtroom 1 before District Judge Sharion Aycock. (gs)

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66 Jan. 10, 2013

NOTICE of Trial: Non-Jury Trial reset for 6/3/2013 10:00 AM in Aberdeen Courtroom 1 before District Judge Sharion Aycock. (gs)

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67 Jan. 11, 2013

NOTICE of Conference: Final Pretrial Conference REset for 5/1/2013 11:00 AM in Judge Alexander Chambers before S. Allan Alexander. (wsm)

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68 Feb. 6, 2013

Remark -Affidavit Relative to Utilization of a Laptop Computer (dlh)

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69 Feb. 6, 2013

Minute Entry for proceedings held before District Judge Sharion Aycock: Motion Hearing held on 2/6/2013 re 42 MOTION for Summary Judgment filed by Stanley O'Dell, Matthew Johnson, Sharon Bynum, Alison Kinnaman, Gordon Vance Justice, Jr., 44 MOTION for Summary Judgment filed by Jim Hood, Delbert Hosemann. (Court Reporter Phyllis McLarty.) (gs)

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70 Feb. 25, 2013

Supplement to Motion re 42 MOTION for Summary Judgment, 44 MOTION for Summary Judgment Post-Argument Supplemental Memorandum filed by Sharon Bynum, Matthew Johnson, Gordon Vance Justice, Jr, Alison Kinnaman, Stanley O'Dell. (Attachments: # 1 Exhibit 1) (Avelar, Paul)

1 Exhibit 1

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71 March 11, 2013

MEMORANDUM IN SUPPORT re 44 MOTION for Summary Judgment The State Defendants' Supplemental Memorandum in Support of Motion for Summary Judgment. (Attachments: # 1 Exhibit 1 - FEC Citizens Guide, # 2 Exhibit 2 - FEC Statement of Organization, # 3 Exhibit 3 - FEC Quick Answers to PAC Questions, # 4 Exhibit 4 - FEC Guide, # 5 Exhibit 5 - FEC Guide for nonconnected Committees, # 6 Exhibit 6 - FEC Form 3X, # 7 Exhibit 7 - FEC Instructions for FEC Form 3X and Related Schedules, # 8 Exhibit 8 - Committee Treasurers Brochure, # 9 Exhibit 9 - Nonconnected Supplements, # 10 Exhibit 10 - Supplemental Filing Information for PACs and Party Committees, # 11 Exhibit 11 - Turner Deposition excerpts, # 12 Exhibit 12 - Breland Deposition excerpts) (Pizzetta, Harold)

1 Exhibit 1 - FEC Citizens Guide

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2 Exhibit 2 - FEC Statement of Organization

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3 Exhibit 3 - FEC Quick Answers to PAC Questions

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4 Exhibit 4 - FEC Guide

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5 Exhibit 5 - FEC Guide for nonconnected Committees

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6 Exhibit 6 - FEC Form 3X

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7 Exhibit 7 - FEC Instructions for FEC Form 3X and Related Schedules

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8 Exhibit 8 - Committee Treasurers Brochure

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9 Exhibit 9 - Nonconnected Supplements

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10 Exhibit 10 - Supplemental Filing Information for PACs and Party Committees

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11 Exhibit 11 - Turner Deposition excerpts

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12 Exhibit 12 - Breland Deposition excerpts

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72 March 18, 2013

Supplement to Motion re 42 MOTION for Summary Judgment Rebuttal Memorandum in Support of Supplemental Memorandum filed by Sharon Bynum, Matthew Johnson, Gordon Vance Justice, Jr, Alison Kinnaman, Stanley O'Dell. (Avelar, Paul)

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73 April 8, 2013

NOTICE by Paul V. Avelar on behalf of Sharon Bynum, Matthew Johnson, Gordon Vance Justice, Jr, Alison Kinnaman, Stanley O'Dell re 72 Supplement to Motion, Supplemental Authority (Attachments: # 1 Exhibit Many Cultures, One Message v. Clements, No. 11-36008, Slip Op. (9th Cir. Mar. 28, 2013)) (Avelar, Paul)

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74 April 8, 2013

Consent MOTION for Leave to File Supplemental Declaration of David M. Primo, Ph.D. by Sharon Bynum, Matthew Johnson, Gordon Vance Justice, Jr, Alison Kinnaman, Stanley O'Dell. (Attachments: # 1 Exhibit Supplemental Declaration of David M. Primo, Ph.D.) (Avelar, Paul)

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75 April 22, 2013

NOTICE of Conference: Final Pretrial Conference reset for 5/20/2013 11:00 AM in Judge Alexander Chambers before S. Allan Alexander. (wsm)

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76 April 26, 2013

ORDER granting 74 Motion for Leave to File. Signed by S. Allan Alexander on 4/26/2013. (lmf)

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May 9, 2013

TEXT ORDER continuing the Trial set for this case. Trial shall be reset at a later date by separate order. Plaintiff shall notify the magistrate judge within fourteen (14) days of the setting of a Trial date in order to obtain a new Final Pretrial Conference date. Signed by District Judge Sharion Aycock on 5/9/2013. (dm) (no document attached)

77 June 20, 2013

NOTICE by Paul V. Avelar on behalf of Sharon Bynum, Matthew Johnson, Gordon Vance Justice, Jr, Alison Kinnaman, Stanley O'Dell re 72 Supplement to Motion, Supplemental Authority (Attachments: # 1 Exhibit Worley v. Cruz-Bustillo, No. 12-14074, 2013 U.S. App. LEXIS 11995 (11th Cir. June 14, 2013)) (Avelar, Paul)

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78 Sept. 30, 2013

ORDER granting in part and denying in part Plaintiffs' 42 Motion for Summary Judgment; denying Defendants' 44 Motion for Summary Judgment; finding as moot Defendants' 46 Motion to Exclude; finding as moot Defendants' 53 Motion to Strike. Signed by District Judge Sharion Aycock on 9/30/2013. (dm)

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79 Sept. 30, 2013

MEMORANDUM OPINION re 78 Order on Motions for Summary Judgment, Order on Motion to Exclude, Order on Motion to Strike. Signed by District Judge Sharion Aycock on 9/30/2013. (dm)

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80 Oct. 11, 2013

Consent MOTION to Continue Time for Filing Motion for Attorneys' Fees and Bill of Costs by Sharon Bynum, Matthew Johnson, Gordon Vance Justice, Jr, Alison Kinnaman, Stanley O'Dell. (Avelar, Paul)

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81 Oct. 15, 2013

ORDER granting in part and denying in part 80 Motion to Continue. Signed by District Judge Sharion Aycock on 10/15/2013. (dm)

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82 Oct. 17, 2013

MOTION to Alter Judgment Motion Under Rule 59(e) to Alter or Amend Judgment by Jim Hood, Delbert Hosemann. (Pizzetta, Harold)

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83 Oct. 17, 2013

NOTICE OF APPEAL as to 79 Memorandum Opinion, 78 Order on Motion for Summary Judgment,, Order on Motion for Miscellaneous Relief, Order on Motion to Strike,,,, by Harold Edward Pizzetta, III on behalf of Jim Hood, Delbert Hosemann. Appeal Record due by 11/1/2013. (Pizzetta, Harold)

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Oct. 18, 2013

USCA Appeal Fees received $ 455 receipt number MSN300011846 re 83 Notice of Appeal, filed by Jim Hood, Delbert Hosemann (jtm)

84 Oct. 22, 2013

ORDER denying 82 Motion to Alter Judgment. Signed by District Judge Sharion Aycock on 10/22/2013. (dm)

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85 Oct. 29, 2013

MOTION for Attorney Fees by Sharon Bynum, Matthew Johnson, Gordon Vance Justice, Jr, Alison Kinnaman, Stanley O'Dell. (Avelar, Paul)

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86 Oct. 29, 2013

MEMORANDUM IN SUPPORT re 85 MOTION for Attorney Fees . (Avelar, Paul)

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87 Oct. 30, 2013

BILL OF COSTS . (Attachments: # 1 Exhibit Documentation for Requested Costs in All Categories) (Avelar, Paul)

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88 Nov. 15, 2013

RESPONSE in Opposition re 85 MOTION for Attorney Fees filed by Jim Hood, Delbert Hosemann. (Pizzetta, Harold)

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89 Nov. 19, 2013

TRANSCRIPT REQUEST by Harold Edward Pizzetta, III on behalf of Jim Hood, Delbert Hosemann for proceedings held on 11/01/11 and 02/06/13 before Judge Aycock, (Pizzetta, Harold)

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90 Nov. 20, 2013

Costs Taxed in amount of $ 1169.45 against Defendants (jtm)

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91 Nov. 22, 2013

MEMORANDUM IN SUPPORT OF 85 PLAINTIFFS MOTION FOR ATTORNEYS FEES. (Avelar, Paul)

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92 Nov. 25, 2013

TRANSCRIPT REQUEST for proceedings held on 11/01/11 and 02/06/13 before Judge Sharion Aycock.. (Pizzetta, Harold)

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93 Jan. 1, 2014

Transcript of Proceedings Hearing on Motions for Summary Judgment held on 2/6/2013, before Judge Sharion Aycock. Court Reporter/Transcriber Phyllis K. McLarty, Telephone number 662-369-1017. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have seven (7) days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The Policy is located on our website at www.msnd.uscourts.gov. 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 1/22/2014. Redacted Transcript Deadline set for 2/3/2014. Release of Transcript Restriction set for 4/1/2014. (pkm)

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Case Details

State / Territory:

Mississippi

Case Type(s):

Election/Voting Rights

Special Collection(s):

Law Firm Antiracism Alliance (LFAA) project

Key Dates

Filing Date: Oct. 20, 2011

Closing Date: Sept. 1, 2015

Case Ongoing: No reason to think so

Plaintiffs

Plaintiff Description:

Plaintiffs are a group of like-minded individuals who sought to make political expenditures without having to fill out forms required by Mississippi campaign finance laws.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

State

Mississippi Secretary of State and Attorney General of the State of Mississippi in their official capacities

Defendant Type(s):

Jurisdiction-wide

Case Details

Constitutional Clause(s):

Freedom of speech/association

Other Dockets:

Northern District of Mississippi 3:11-cv-00138

Available Documents:

Any published opinion

Complaint (any)

Non-settlement Outcome

Outcome

Prevailing Party: Defendant

Relief Granted:

None

Source of Relief:

None

Issues

Voting:

Voter registration rules

Voting: General & Misc.

Recommended Citation