Case: Cordero v. Kisner

3:20-cv-02195 | U.S. District Court for the District of South Carolina

Filed Date: April 16, 2020

Closed Date: Sept. 28, 2020

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Case Summary

On April 16, 2020, the plaintiff, the Chairman of the Democratic Black Caucus of South Carolina, commenced this action pro se in the Richland County Court of Common Pleas for the Fifth Judicial Circuit of South Carolina. He filed suit against the Richland County Democratic Party, the Chair of the Richland County Democratic Party, the South Carolina Democratic Party, and the Chair of the South Carolina Democratic Party. The plaintiff alleged that the Democratic Party’s plan to hold county conventions remotely during the COVID-19 pandemic through “teleconventions” and mail-in ballots after the statutory deadline violated South Carolina election law, party rules, and federal voting-rights protections. The plaintiff filed suit under SC 7-9-70 (which requires that a county convention be held before March 31 of an election year) and Section 2 of the Voting Rights Act. He sought a jury trial, declaratory, and injunctive relief.

On June 9, 2020, the court removed the action to the District of South Carolina asserting subject matter jurisdiction based on plaintiff’s references to deprivation of rights secured by the U.S. Constitution and asserting supplemental jurisdiction over plaintiff’s single state law claim because it relates to the plaintiff’s claims made under federal law.

On June 16, 2020, the defendants filed a motion to dismiss based on plaintiff’s failure to state facts that would show state action or any violation of the federal Voting Rights Act or any violation of plaintiff’s constitutional rights.

On September 2, 2020, the court issued an order that adopted the recommendation of the United States Magistrate Judge Gossett that stated that the defendants’ motion should be granted as to plaintiff’s federal claims and the case should be remanded to the Richland County Court of Common Pleas to resolve the remaining state law claims.

On September 25, 2020, the court issued an order upholding its decision to remand the remaining state law claims. On September 28, 2020, the court filed a judgment stating that the court recommends that summary judgment be granted on plaintiff’s federal claims and the remaining state law claims be remanded.

Seemingly, this case is now closed.

Summary Authors

Leilani Argersinger (4/10/2026)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/18407150/parties/cordero-v-kisner/

Judge(s)

Anderson, Joseph Fletcher (South Carolina)

Attorney for Plaintiff

Cordero, Johnnie (South Carolina)

Attorney for Defendant

LeFever, Grant Burnette (South Carolina)

Shutt, Nekki (South Carolina)

Judge(s)

Anderson, Joseph Fletcher (South Carolina)

Attorney for Plaintiff

Cordero, Johnnie (South Carolina)

Attorney for Defendant

LeFever, Grant Burnette (South Carolina)

Shutt, Nekki (South Carolina)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

1 3:20-cv-02195	Notice of Removal	June 9, 2020	June 9, 2020 Other
1-2 3:20-cv-02195	Exhibit 2 - Complaint	June 9, 2020	June 9, 2020
9 3:20-cv-02195	Defendants' Notice of Motion and Motion to Dismiss Pursuant to Rule 12(b)(6)	June 16, 2020	June 16, 2020 Pleading / Motion / Brief
34 3:20-cv-02195	Order and Report and Recommendation	Sept. 2, 2020	Sept. 2, 2020 Order/Opinion
40 3:20-cv-02195	Order	Sept. 25, 2020	Sept. 25, 2020 Order/Opinion
45 3:20-cv-02195	Judgment in a Civil Action	Sept. 28, 2020	Sept. 28, 2020 Order/Opinion

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/18407150/cordero-v-kisner/

Last updated May 8, 2026, 1:46 p.m.

ECF Number	Date	Description	Link
1	June 9, 2020	NOTICE OF REMOVAL from Richland County Common Pleas, case number 2020-cp-40-01980. (Filing fee $ 400 receipt number 0420-9147855), filed by Trav Robertson, Jr., The South Carolina Democratic Party, Matthew Kisner, The Richland County Democratic Party. (Attachments: # 1 Exhibit 1 - Consent to Removal, # 2 Exhibit 2 - Complaint, # 3 Exhibit 3 - Amended Complaint, # 4 Exhibit 4 - Extension of Time) (mmcd) (Entered: 06/11/2020) 1 Exhibit 1 - Consent to Removal View on PACER 2 Exhibit 2 - Complaint View on Clearinghouse 3 Exhibit 3 - Amended Complaint View on PACER 4 Exhibit 4 - Extension of Time View on PACER	Clearinghouse
3	June 9, 2020	Local Rule 26.01 Answers to Interrogatories by Matthew Kisner, Trav Robertson, Jr., The Richland County Democratic Party, The South Carolina Democratic Party. (mmcd) (Entered: 06/11/2020)	RECAP
5	June 12, 2020	ORDER directing plaintiff to notify Clerk in writing of any address changes. (Answer to LR26.01 Interrogatories due by 7/6/2020. Response to 1 at 3 Motion due by 6/17/2020. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45.) Signed by Magistrate Judge Paige J. Gossett on 6/11/2020. (mmcd) (Entered: 06/12/2020)	RECAP
6	June 12, 2020	***DOCUMENTS MAILED 5 Order and blank Rule 26.01 Interrogatories form placed in U.S. Mail from Columbia Clerks Office to Johnnie Cordero Medium 4204 Mandel Drive Columbia, SC 29210. (mmcd) (Entered: 06/12/2020)	RECAP
7	June 15, 2020	CERTIFICATE OF SERVICE by Matthew Kisner, Richland County Democratic Party, The, Trav Robertson, Jr., South Carolina Democratic Party, The re 1 Notice of Removal, (Shutt, Nekki) (Entered: 06/15/2020)	RECAP
8	June 15, 2020	CERTIFICATE OF SERVICE by Matthew Kisner, Richland County Democratic Party, The, Trav Robertson, Jr., South Carolina Democratic Party, The re 3 Local Rule 26.01 Answers to Interrogatories (Shutt, Nekki) (Entered: 06/15/2020)	RECAP
9	June 16, 2020	MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Matthew Kisner, Richland County Democratic Party, The, Trav Robertson, Jr., South Carolina Democratic Party, The. Response to Motion due by 6/30/2020. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Memo in Support)No proposed order.Motions referred to Paige J Gossett.(LeFever, Grant) (Entered: 06/16/2020) 1 Memo in Support View on PACER	Clearinghouse
10	June 17, 2020	ROSEBORO ORDER directing clerk to forward summary judgment explanation to the opposing party and directing that party to respond in 31 days. Response due to 9 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by 7/20/2020. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. Signed by Magistrate Judge Paige J. Gossett on 6/17/2020. (mmcd) (Entered: 06/17/2020)	RECAP
11	June 17, 2020	CERTIFICATE OF SERVICE by Matthew Kisner, Richland County Democratic Party, The, Trav Robertson, Jr., South Carolina Democratic Party, The re 9 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Shutt, Nekki) (Entered: 06/17/2020)	RECAP
12	June 17, 2020	OBJECTIONS by Matthew Kisner, Richland County Democratic Party, The, Trav Robertson, Jr., South Carolina Democratic Party, The to 1 Notice of Removal,. (LeFever, Grant) (Additional attachment(s) added on 6/18/2020: # 1 Certificate of Service provided by filing user) (mmcd). (Entered: 06/17/2020)	RECAP
13	June 18, 2020	***DOCUMENT MAILED 10 Roseboro Order placed in U.S. Mail from Columbia Clerks Office to Johnnie Cordero 4204 Mandel Drive Columbia, SC 29210. (mmcd) (Entered: 06/18/2020)	RECAP
14	June 18, 2020	SCHEDULING ORDER Motions to Amend Pleadings due by 7/16/2020, Discovery due by 10/14/2020, and Motions due by 11/13/2020. Signed by Magistrate Judge Paige J. Gossett on 6/18/2020. (mmcd) (Entered: 06/18/2020)	RECAP
15	June 18, 2020	***DOCUMENT MAILED 14 Scheduling Order placed in U.S. Mail from Columbia Clerks Office to Johnnie Cordero 4204 Mandel Drive Columbia, SC 29210 (mmcd) (Entered: 06/18/2020)	RECAP
16	June 19, 2020	Local Rule 26.01 Answers to Interrogatories by Johnnie Cordero. (Attachments: # 1 Envelope) (mmcd) (Entered: 06/19/2020)	RECAP
18	July 6, 2020	MOTION to Reassign Case by Johnnie Cordero. Response to Motion due by 7/20/2020. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Envelope)Motions referred to Paige J. Gossett. (mmcd) Modified on 7/7/2020 to edit docket text (mmcd). Modified on 8/28/2020 to change event type and edit docket text (mmcd). Supplement added on 8/20/2020 at 29 (mmcd). Modified on 9/1/2020 to edit docket text (mmcd). (Entered: 07/06/2020)	RECAP
20	July 20, 2020	RESPONSE in Opposition re 9 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Response filed by Johnnie Cordero.Reply to Response to Motion due by 7/27/2020. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: # 1 Envelope) (mmcd) (Entered: 07/20/2020)	RECAP
21	July 20, 2020	RESPONSE in Opposition re 18 MOTION Request for Randon Case Reassignment Response filed by Matthew Kisner, Richland County Democratic Party, The, Trav Robertson, Jr., South Carolina Democratic Party, The.Reply to Response to Motion due by 7/27/2020 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: # 1 Certificate of Service)(LeFever, Grant) (Entered: 07/20/2020)	RECAP
22	July 22, 2020	MOTION for Compulsory Joinder by Johnnie Cordero. Response to Motion due by 8/5/2020. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Envelope)Motions referred to Paige J. Gossett. (mmcd) (Entered: 07/22/2020)	RECAP
23	July 27, 2020	REPLY by Matthew Kisner, Richland County Democratic Party, The, Trav Robertson, Jr., South Carolina Democratic Party, The . (Attachments: # 1 Certificate of Service on SC Attorney General, # 2 Supporting Documents Letter to SC Attorney General)(LeFever, Grant) (Entered: 07/27/2020)	RECAP
24	July 27, 2020	REPLY to Response to Motion re 9 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Response filed by Matthew Kisner, Richland County Democratic Party, The, Trav Robertson, Jr., South Carolina Democratic Party, The. (Attachments: # 1 Certificate of Service)(LeFever, Grant) (Entered: 07/27/2020)	RECAP
25	July 29, 2020	REPLY to 21 Response to Motion re 18 MOTION Request for Random Case Reassignment Response filed by Johnnie Cordero. (Attachments: # 1 Envelope) (mmcd) (Entered: 07/29/2020)	RECAP
26	Aug. 5, 2020	RESPONSE in Opposition re 22 MOTION for Joinder Response filed by Matthew Kisner, Richland County Democratic Party, The, Trav Robertson, Jr., South Carolina Democratic Party, The.Reply to Response to Motion due by 8/12/2020 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: # 1 Certificate of Service)(LeFever, Grant) (Entered: 08/05/2020)	RECAP
27	Aug. 6, 2020	MOTION to Strike 24 Reply to 20 Response to 9 Motion, by Johnnie Cordero. Response to Motion due by 8/20/2020. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Envelope)Motions referred to Paige J. Gossett. (mmcd) (Entered: 08/06/2020)	RECAP
28	Aug. 17, 2020	REPLY to Response to Motion re 22 MOTION for Joinder Response filed by Johnnie Cordero. (Attachments: # 1 Certificate of Service, # 2 Envelope) (mmcd) (Entered: 08/17/2020)	RECAP
29	Aug. 20, 2020	SUPPLEMENT by Johnnie Cordero to 18 MOTION to Reassign Case. (Attachments: # 1 Envelope) Refiled to correct event type.(mmcd) Modified on 8/28/2020 to correct document number. (mmcd). (Entered: 08/28/2020)	RECAP
30	Aug. 20, 2020	RESPONSE in Opposition re 27 MOTION to Strike 24 Reply to Response to Motion, Response filed by Matthew Kisner, Richland County Democratic Party, The, Trav Robertson, Jr., South Carolina Democratic Party, The.Reply to Response to Motion due by 8/27/2020 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: # 1 Certificate of Service on Plaintiff)(LeFever, Grant) (Entered: 08/20/2020)	RECAP
31	Aug. 21, 2020	MOTION for issuance of Subpoena by Johnnie Cordero. Response to Motion due by 9/4/2020. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Certificate of Service, # 2 Envelope)Motions referred to Paige J. Gossett. (mmcd) (Entered: 08/21/2020)	RECAP
34	Sept. 2, 2020	ORDER AND REPORT AND RECOMMENDATION recommending the Defendant's 9 motion to dismiss be granted as to Cordero's federal claims. It is further recommended that the court exercise its discretion to remand Cordero's state law claims to the Richland County Court of Common Pleas. It is ORDERED that Cordero's 22 motion for compulsory joinder, 27 motion to strike, and 31 motion for issuance of subpoena are denied as moot. (Objections to R&R due by 9/16/2020. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45.). Signed by Magistrate Judge Paige J. Gossett on 9/1/2020. (mmcd) (Entered: 09/02/2020)	Clearinghouse
35	Sept. 2, 2020	***DOCUMENT MAILED 34 Order and Report and Recommendation placed in U.S. Mail from Columbia Clerks Office to Johnnie Cordero 4204 Mandel Drive Columbia, SC 29210. (mmcd) (Entered: 09/02/2020)	RECAP
37	Sept. 16, 2020	OBJECTION to 34 Report and Recommendation by All Defendants. Reply to Objections due by 9/30/2020 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: # 1 Certificate of Service)(LeFever, Grant) (Entered: 09/16/2020)	RECAP
38	Sept. 18, 2020	OBJECTION to 34 Report and Recommendation by Johnnie Cordero. Reply to Objections due by 10/2/2020. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: # 1 Envelope) (lbak) (Entered: 09/18/2020)	RECAP
39	Sept. 25, 2020	ORDER denying 18 Motion for Request for Random Case Reassignment. Signed by Honorable Joseph F Anderson, Jr on 9/25/20.(mflo, ) (Entered: 09/25/2020)	RECAP
40	Sept. 25, 2020	ORDER adopting 34 Report and Recommendation ; granting in part as to Plaintiff's two federal law claims 9 Motion to Dismiss for Failure to State a Claim. Plaintiff's remaining state law claims are remanded to the Richland County Court of Common Pleas. Plaintiff and defendants/counsel in this case are responsible for supplementing the state court record with all documents filed in Federal Court. Signed by Honorable Joseph F Anderson, Jr on 9/25/20.(mflo, ) (Entered: 09/25/2020)	Clearinghouse
41	Sept. 25, 2020	***DOCUMENT E-MAILED 40 Order on Report and Recommendation, Order on Motion to Dismiss for Failure to State a Claim,, to mcbridej@rcgov.us Clerk of Richland County Court of Common Pleas. (mflo, ) (Entered: 09/25/2020)	RECAP
42	Sept. 25, 2020	***DOCUMENT MAILED 40 Order on Report and Recommendation, Order on Motion to Dismiss for Failure to State a Claim,, placed in U.S. Mail from Columbia Clerks Office to Jeanette W. McBride, Clerk Richland County Court of Common Pleas PO Box 2766 Columbia, SC 29202-2766 (mflo, ) (Entered: 09/25/2020)	RECAP
43	Sept. 25, 2020	***DOCUMENT MAILED 40 Order on Report and Recommendation, Order on Motion to Dismiss for Failure to State a Claim, 39 Order on Motion to Reassign Case, 41 Document E-Mailed placed in U.S. Mail from Columbia Clerks Office to Johnnie Cordero 4204 Mandel Drive Columbia, SC 29210 (mflo, ) (Entered: 09/25/2020)	RECAP
45	Sept. 28, 2020	JUDGMENT in favor of Richland County Democratic Party, The, South Carolina Democratic Party, The, Matthew Kisner, Trav Robertson, Jr. against Johnnie Cordero. IT IS ORDERED AND ADJUDGED that plaintiff, Johnnie Cordero, shall take nothing of the defendants on the claims of 42 U.S.C. § 1983 and the Voting Rights Act of 1965, 52 U.S.C. §§ 10101, et seq.. The court remands the remaining state law claims to Richland County Court of Common Pleas and this case is dismissed. (mflo, ) (Entered: 09/28/2020)	Clearinghouse
46	Sept. 28, 2020	***DOCUMENT MAILED 45 Judgment, placed in U.S. Mail from Columbia Clerks Office to Johnnie Cordero 4204 Mandel Drive Columbia, SC 29210 (mflo, ) (Entered: 09/28/2020)	RECAP