Case: Simon v. DeWine

Simon v. DeWine (4:22-cv-00612)

Simon v. DeWine (4:22-cv-00612)

Simon v. DeWine (4:22-cv-00612)

Complaint against All Defendants. Filing fee paid $ 402, Receipt number AOHNDC-11375206. Plaintiff has indicated that case may be related to terminated civil action 2:21-cv-2267. Filed by Helen Youngblood, Lewis Macklin, Kenneth L. Simon. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit A- 8/23/21 Hearing, # 3 Exhibit B- march 2 Plan, # 4 Exhibit C -DiRossi Transcript, # 5 Exhibit D -Proposed District, # 6 Summons Cupp, # 7 Summons DeWine, # 8 Summons Faber, # 9 Summons Huffman, # 10 Summons LaRose, # 11 Summons ORC) (Squire, Percy) (Entered: 04/15/2022)

1 Civil Cover Sheet

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2 Exhibit A- 8/23/21 Hearing

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3 Exhibit B- march 2 Plan

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4 Exhibit C -DiRossi Transcript

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5 Exhibit D -Proposed District

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6 Summons Cupp

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7 Summons DeWine

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8 Summons Faber

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9 Summons Huffman

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10 Summons LaRose

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11 Summons ORC

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Motion for a Three Judge Court filed by Lewis Macklin, Kenneth L. Simon, Helen Youngblood. (Attachments: # 1 Proposed Order)(Squire, Percy) (Entered: 04/15/2022)

1 Proposed Order

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Motion for class certification filed by Lewis Macklin, Kenneth L. Simon, Helen Youngblood. (Squire, Percy) (Entered: 04/15/2022)

Motion for temporary restraining order Preliminary Injunction And Partial Summary Judgment, And Immediate Appointment Of A Special Master filed by Lewis Macklin, Kenneth L. Simon, Helen Youngblood. (Attachments: # 1 Exhibit A-March 2 Plan, # 2 Exhibit B-Armour Opinion, # 3 Exhibit C-DiRossi Trans, # 4 Exhibit D-LLT, # 5 Exhibit E-Proposed Plan, # 6 Exhibit F-9/15 Trans., # 7 Proposed Order, # 8 Supplement Notice, # 9 Supplement Bond)(Squire, Percy) (Entered: 04/15/2022)

1 Exhibit A-March 2 Plan

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2 Exhibit B-Armour Opinion

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3 Exhibit C-DiRossi Trans

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4 Exhibit D-LLT

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5 Exhibit E-Proposed Plan

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6 Exhibit F-9/15 Trans.

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7 Proposed Order

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8 Supplement Notice

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9 Supplement Bond

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Original Summons and Magistrate Consent Form issued to counsel for service upon Robert R. Cupp, Mike DeWine, Keith Faber, Matt Huffman, Frank LaRose, Ohio Redistricting Commission. (Attachments: # 1 Magistrate Consent Form) (D,Ju) (Entered: 04/18/2022)

Judge Benita Y. Pearson assigned to case. (D,Ju)

Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge Amanda M. Knapp. (D,Ju)

Order of Transfer of a Previously Filed Case This case is returned to the Clerk for reassignment to Judge John R. Adams for all further proceedings. Judge Benita Y. Pearson on 4/19/2022. (JLG) (Entered: 04/19/2022)

Judge John R. Adams assigned to case. Judge Benita Y. Pearson terminated. (D,Ju)

Attorney Appearance by Julie M. Pfeiffer filed by on behalf of Mike DeWine, Keith Faber, Frank LaRose. (Pfeiffer, Julie) (Entered: 04/20/2022)

Attorney Appearance by Allison D. Daniel filed by on behalf of Mike DeWine, Keith Faber, Frank LaRose. (Daniel, Allison) (Entered: 04/20/2022)

Attorney Appearance by Garrett M. Anderson filed by on behalf of Mike DeWine, Keith Faber, Frank LaRose. (Anderson, Garrett) (Entered: 04/20/2022)

Attorney Appearance by Julie M. Pfeiffer filed by on behalf of Robert R. Cupp, Matt Huffman. (Pfeiffer, Julie) (Entered: 04/22/2022)

Attorney Appearance by Allison D. Daniel filed by on behalf of Robert R. Cupp, Matt Huffman. (Daniel, Allison) (Entered: 04/22/2022)

Attorney Appearance by Garrett M. Anderson filed by on behalf of Robert R. Cupp, Matt Huffman. (Anderson, Garrett) (Entered: 04/22/2022)

Return of Service by process server executed upon Mike DeWine on 4-20-22, Frank LaRose on 4-20-22, Ohio Redistricting Commission on 4-20-22, Robert R. Cupp on 4-20-22, Matt Huffman on 4-20-22 and Keith Faber on 4-20-22, filed on behalf of All Plaintiffs. (Attachments: # 1 Supplement Cupp Return, # 2 Supplement Faber Return, # 3 Supplement Huffman Return, # 4 Supplement LaRose Return, # 5 Supplement ORC Return)(Squire, Percy) Modified text on 4/27/2022 (M,TL). (Entered: 04/25/2022)

Memorandum in Opposition to Plaintiff's 2 Motion for a Three Judge Court filed by Robert R. Cupp, Mike DeWine, Keith Faber, Matt Huffman, Frank LaRose. (Pfeiffer, Julie) (Entered: 05/04/2022)

Motion to dismiss for failure to state a claim and Memorandum in Opposition to Plaintiffs' Motion for Temporary Restraining Order, Preliminary Injunction, Partial Summary Judgment and Immediate Appointment of a Special Master filed by Robert R. Cupp, Mike DeWine, Keith Faber, Matt Huffman, Frank LaRose. Related document(s) 4 . (Attachments: # 1 Exhibit A, Congressional Plan, 3/2/2022, # 2 Exhibit B, Directive 2022-27)(Pfeiffer, Julie) (Entered: 05/04/2022)

1 Exhibit A, Congressional Plan, 3/2/2022

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2 Exhibit B, Directive 2022-27

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Attorney Appearance by Erik J. Clark filed by on behalf of Ohio Redistricting Commission. (Clark, Erik) (Entered: 05/11/2022)

Attorney Appearance by Ashley T. Merino filed by on behalf of Ohio Redistricting Commission. (Merino, Ashley) (Entered: 05/11/2022)

Motion to Dismiss Plaintiffs' Complaint and Memorandum in Opposition to Plaintiffs' Motions for Three-Judge Court, Temporary Restraining Order, Preliminary Injunction, Partial Summary Judgment, and Immediate Appointment of a Special Master filed by Defendant Ohio Redistricting Commission. Related documents 1, 2, 3 & 4 . (Clark, Erik) Modified text on 5/16/2022 (M,TL). (Entered: 05/11/2022)

Motion for extension of time until May 20, 2022 to file response/reply to 15 Motion to dismiss for failure to state a claim and Memorandum in Opposition to Plaintiffs' Motion for Temporary Restraining Order, Preliminary Injunction, Partial Summary Judgment and Immediate Appointment of a Special Master filed by Lewis W. Macklin, II, Kenneth L. Simon, Helen Youngblood. Related document(s) 15 . (Squire, Percy) (Entered: 05/17/2022)

Opposition to 15 Motion to dismiss for failure to state a claim and Memorandum in Opposition to Plaintiffs' Motion for Temporary Restraining Order, Preliminary Injunction, Partial Summary Judgment and Immediate Appointment of a Special Master, 18 Motion to Dismiss Plaintiffs' Complaint filed by All Plaintiffs. (Squire, Percy) (Entered: 05/20/2022)

Response to 18 Motion to Dismiss Plaintiffs' Complaint filed by All Plaintiffs. (Squire, Percy) (Entered: 05/24/2022)

Marginal Entry Order denying as moot 19 Plaintiffs' Motion for Extension of Time to oppose the motion to dismiss. Plaintiffs' opposition was timely filed before the 30-day response time for dispositive motions. Judge John R. Adams on 5/31/2022.(L,J) (Entered: 05/31/2022)

Reply in support of 15 Motion to dismiss for failure to state a claim filed by All Defendants. (Pfeiffer, Julie) (Entered: 06/03/2022)

Motion by Garrett M. Anderson to withdraw as attorney filed by Robert R. Cupp, Mike DeWine, Keith Faber, Matt Huffman, Frank LaRose. (Anderson, Garrett) (Entered: 01/30/2023)

Order referring 15 Motion to dismiss for failure to state a claim filed by Matt Huffman, Frank LaRose, Keith Faber, Robert R. Cupp, Mike DeWine, and 18 Motion to Dismiss Plaintiffs' Complaint filed by Ohio Redistricting Commission to Magistrate Judge Amanda M. Knapp for report and recommendation. Judge John R. Adams on 6/12/2023. (L,J) (Entered: 06/12/2023)

Marginal Entry Order granting Defendants' Motion to withdraw as attorney; attorney Garrett M. Anderson removed from case. (Related Doc # 24 ). Judge John R. Adams on 6/13/2023.(L,J) (Entered: 06/13/2023)

Report and Recommendation that the Court GRANT Defendants' motions to dismiss (ECF Doc. 15 ; ECF Doc. 18 ) because Plaintiffs have failed to state a claim for relief under § 2 of the Voting Rights Act or under the First, Fourteenth, or Fifteenth Amendments. Signed by Magistrate Judge Amanda M. Knapp on 9/12/2023. (S,S)

Motion to withdraw as attorney for defendants Allison D. Daniel. Attorney Julie Pfeiffer remains as lead and trial counsel) filed by Robert R. Cupp, Mike DeWine, Keith Faber, Matt Huffman, Frank LaRose. (Pfeiffer, Julie) Modified text on 9/19/2023 (E,CK). (Entered: 09/18/2023)

Objection to Report and Recommendation filed by Lewis W. Macklin, II, Kenneth L. Simon, Helen Youngblood. Related document(s) 27 . (Squire, Percy) (Entered: 09/26/2023)

Attorney Appearance by Bryan B. Lee filed by on behalf of Robert R. Cupp, Mike DeWine, Keith Faber, Matt Huffman, Frank LaRose. (Lee, Bryan) (Entered: 09/27/2023)

Amended Objections to September 12, 2023 Report and Recommendation filed by All Plaintiffs. Related document(s) 27, 29 . (Squire, Percy) (Entered: 09/27/2023)

Defendants' Response to Plaintiffs' Amended Objections to Magistrate's Report and Recommendation filed by Robert R. Cupp, Mike DeWine, Keith Faber, Matt Huffman, Frank LaRose. Related document(s) 31 . (Pfeiffer, Julie) (Entered: 10/10/2023)

Order Adopting the Report and Recommendation of the Magistrate Judge in whole (re 27 ). Plaintiffs' motion to convene a three-judge panel (Doc. 2 ) is DENIED. Defendants' motions to dismiss (Docs. 15 and 18 ) are GRANTED. Plaintiffs' motions for a temporary restraining order (Doc. 4 ) and for class certification (Doc. 3 ) are DENIED. This matter is DISMISSED. Judge John R. Adams on 10/12/23. (K,C)

Judgment Entry that Defendants' motions to dismiss (Docs. 15 and 18 ) are GRANTED. This matter is DISMISSED. Judge John R. Adams on 10/12/23. (K,C) (Entered: 10/12/2023)

NOTICE OF APPEAL to the Sixth Circuit Court of Appeals from the 27 Report and Recommendation of 9/12/23, 33 Order and 34 Judgment Entry of 10/12/23, filed by Lewis W. Macklin, II, Kenneth L. Simon, Helen Youngblood. (Filing fee $505, receipt number AOHNDC-12268128) (Squire, Percy) (Entered: 11/08/2023)

Acknowledgment from the USCA for Sixth Circuit of receipt of 35 Notice of Appeal (USCA# 23-3910). Date filed in USCA 11/9/23. (H,SP)

Information Copy of opinion from USCA for the Sixth Circuit: Reversing the district court's order denying the motion for a three-judge court, Vacating the district court's orders granting the motions to dismiss and denying the motion for temporary restraining order and motion for class certification, and Remanding the case to the district court with instructions for it immediately to initiate the procedures to convene a three-judge court under 28 U.S.C. § 2284, re 35 Notice of Appeal (USCA# 23-3910). This is not a mandate order. Circuit Judges: Batchelder, Moore, and Kethledge. Date issued by USCA 4/9/24. (Attachments: # 1 Judgment) (F,AW) (Entered: 04/09/2024)

Order from the Sixth Circuit Court of Appeals: Chief Judge Sutton designates the Honorable Joan L. Larsen, Circuit Judge of the Sixth Circuit Court of Appeals, and the Honorable Solomon Oliver, District Judge of the Northern District of Ohio, to serve with the Honorable John R. Adams in this matter. The provisions of 28 U.S.C. § 2284(b)(2) and (3) shall apply. This designation shall remain in full force and effect for the duration of the proceedings in Case No. 4:22cv612. Entered on the 23rd day of April, 2024 (H,SP) Modified on 4/26/2024 (S,G). (Entered: 04/25/2024)

True copy of mandate from the USCA for the Sixth Circuit: Reversing the district court's order denying the motion for a three-judge court, Vacating the district court's orders granting the motions to dismiss and denying the motion for temporary restraining order and motion for class certification, and Remanding the case to the district court with instructions for it immediately to initiate the procedures to convene a three-judge court under 28 U.S.C. § 2284 re 35 Notice of Appeal (USCA# 23-3910). Date issued as mandate 5/1/24; Costs: None (H,SP) (Entered: 05/01/2024)

Motion for temporary restraining order RENEWED, Motion for preliminary injunction RENEWED, Motion for partial summary judgment RENEWED filed by Lewis W. Macklin, II, Kenneth L. Simon, Helen Youngblood. (Attachments: # 1 Exhibit A-ORC, # 2 Exhibit B-Redistricing Plan, # 3 Exhibit C-Armour, # 4 Exhibit D-Plaintiff Input, # 5 Exhibit E-DiRossi Trans., # 6 Exhibit F-Huffman Testimony, # 7 Supplement Notice, # 8 Supplement Bonf, # 9 Proposed Order)(Squire, Percy) (Entered: 05/07/2024)

1 Exhibit A-ORC

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2 Exhibit B-Redistricing Plan

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3 Exhibit C-Armour

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4 Exhibit D-Plaintiff Input

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5 Exhibit E-DiRossi Trans.

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6 Exhibit F-Huffman Testimony

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7 Supplement Notice

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8 Supplement Bonf

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9 Proposed Order

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Order that the parties are instructed to file position statements detailing what they believe is the appropriate path to move this matter forward. These statements shall be filed no later than 12:00 p.m. on May 15, 2024.To further assist the panel with resolving the pending renewed motion for injunctive relief in a timely manner, any opposition to Plaintiffs' renewed motion for injunctive relief and partial summary judgment shall be filed no later than May 17, 2024. Any reply in support of the motion shall be filed no later than three (3) days after the opposition has been filed. Judge John R. Adams, Judge Solomon Oliver, and Judge Joan L. Larsen on 5/10/2024. (L,J) (Entered: 05/10/2024)

Response to May 10, 2024 Order, Request for Appointment of a Special Master and Immediate Implementation of the "Citizens not Politicians" Redistricting Plan filed by All Plaintiffs. Related document(s) 40 . (Squire, Percy) Modified text on 5/20/2024 (B,DL). (Entered: 05/14/2024)

Attorney Appearance by Philip Williamson Notice of Appearance of Counsel filed by on behalf of Ohio Redistricting Commission. (Williamson, Philip) (Entered: 05/15/2024)

Position Statement filed by Robert R. Cupp, Mike DeWine, Keith Faber, Matt Huffman, Frank LaRose. (Pfeiffer, Julie) Modified text on 5/20/2024 (B,DL). (Entered: 05/15/2024)

Position Statement filed by Ohio Redistricting Commission. Related document(s) 43 .(Williamson, Philip) Modified text on 5/20/2024 (B,DL). (Entered: 05/15/2024)

Order that in their renewed motion for injunctive relief, Plaintiffs seek to enjoin the issuance of a certificate of election for the June 11, 2024 special election for Ohio's 6th Congressional District. However, the parties have not provided the Court with any additional information that would provide a timeline in which such a certificate would issue following the election. Accordingly, the parties are ordered to supplement the record with information detailing when such a certificate would ordinarily issue following an election. Any such supplement shall be filed by May 20, 2024. Judge John R. Adams, Judge Solomon Oliver, Judge Joan L. Larsen on 5/16/2024. (L,J) (Entered: 05/16/2024)

Response to May 16 Order to Supplement the Record, filed by All Plaintiffs. Related document(s) 45 . (Squire, Percy) Modified text on 5/20/2024 (B,DL). (Entered: 05/17/2024)

Corrected Response to May 16 2024 Order to Supplement the Record, filed by All Plaintiffs. Related document(s) 45, 46 . (Squire, Percy) Modified text on 5/20/2024 (B,DL). (Entered: 05/17/2024)

Renewed Combined Motion to dismiss and Renewed Memorandum in Opposition to 39 Plaintiffs' Renewed Motion for Temporary Restraining Order, Preliminary Injunction, Partial Summary Judgment filed by Robert R. Cupp, Mike DeWine, Keith Faber, Matt Huffman, Frank LaRose. (Pfeiffer, Julie) Modified text on 5/20/2024 (B,DL). (Entered: 05/17/2024)

Notice of Submission of Declaration of Chris Burnett filed by Robert R. Cupp, Mike DeWine, Keith Faber, Matt Huffman, Frank LaRose. (Attachments: # 1 Exhibit Declaration of Chris Burnett)(Pfeiffer, Julie) (Entered: 05/20/2024)

Opposition to 48 Renewed Combined Motion to dismiss and Renewed Memorandum in Opposition to 39 Plaintiffs' Renewed Motion for Temporary Restraining Order, Preliminary Injunction, Partial Summary Judgment filed by All Plaintiffs. (Squire, Percy) (Entered: 05/20/2024)

Motion to Supplement Judicial Notice of David Niven, Ph D's Analysis of Ohio's Sixth Congressional District filed by Lewis W. Macklin, II, Kenneth L. Simon, Helen Youngblood. (Attachments: # 1 Exhibit A - Strangers in District 6)(Squire, Percy) Modified text on 6/13/2024 (B,DL). (Entered: 06/12/2024)

Opposition to 51 Motion to Supplement Judicial Notice of David Niven, Ph D's Analysis of Ohio's Sixth Congressional District filed by Robert R. Cupp, Mike DeWine, Keith Faber, Matt Huffman, Frank LaRose. (Pfeiffer, Julie) (Entered: 06/26/2024)

Order denying Plaintiffs' Motion requesting that the Court take judicial notice (Related Doc # 51 ). Judges John R. Adams, Solomon Oliver, Jr., and Joan L. Larsen on 7/1/2024.(L,J) (Entered: 07/01/2024)

Opinion and Order denying Plaintiffs' Renewed Motion for temporary restraining order, for preliminary injunction, and for partial summary judgment (Doc. # 39 ). Granting Defendants' Renewed and Combined Motion to dismiss (Doc. # 48 ). Judges John R. Adams, Solomon Oliver, Jr., and Joan L. Larsen on 7/1/24. (K,C)

Judgment Entry that for reasons stated in the opinion and order that granted Defendants' motion to dismiss, this matter is dismissed. Judges John R. Adams, Solomon Oliver, Jr., and Joan L. Larsen on 7/1/24. (K,C) (Entered: 07/01/2024)

Motion to alter/amend July 1, 2024 Order filed by Lewis W. Macklin, II, Kenneth L. Simon, Helen Youngblood. (Related document(s) 54 ) (Squire, Percy) (Entered: 07/05/2024)

Opposition to 56 Motion to alter/amend July 1, 2024 Order filed by Robert R. Cupp, Mike DeWine, Keith Faber, Matt Huffman, Frank LaRose. (Pfeiffer, Julie) (Entered: 07/19/2024)

Reply in support of 56 Motion to alter/amend July 1, 2024 Order filed by All Plaintiffs. (Squire, Percy) (Entered: 07/24/2024)

Order denying Plaintiffs' Motion to alter/amend judgment (Related Doc # 56 ). Judge John R. Adams on 8/2/2024, Judge Solomon Oliver, Judge Joan L. Larsen(L,J) (Entered: 08/02/2024)

Motion to alter or amend August 2, 2024 59 Order filed by Lewis W. Macklin, II, Kenneth L. Simon, Helen Youngblood. (Squire, Percy) Modified text on 8/6/2024 (B,DL). (Entered: 08/02/2024)

Opposition to 60 Motion to alter or amend August 2, 2024 59 Order filed by Robert R. Cupp, Mike DeWine, Keith Faber, Matt Huffman, Frank LaRose. (Pfeiffer, Julie) (Entered: 08/16/2024)

Marginal Entry Order denying Plaintiffs' Motion to alter/amend judgment (Related Doc # 60 ). Judge John R. Adams, Judge Solomon Oliver, and Judge Joan L. Larsen on 9/20/2024.(L,J) (Entered: 09/20/2024)