Case: Brown v. Yost

2:24-cv-01401 | U.S. District Court for the Southern District of Ohio

Filed Date: March 27, 2024

Case Ongoing

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Case Summary

This case concerns whether Ohio’s ballot initiative process violated the First Amendment by allowing the Attorney General to repeatedly block a proposed state constitutional amendment. On March 27, 2024, three Ohio voters filed this lawsuit after Ohio Attorney General David Yost rejected the summary of their proposed amendment, Protecting Ohioans’ Constitutional Rights—for the seventh time. The proposed amendment created a private cause of action to sue state officials for constitutional rights…

This case concerns whether Ohio’s ballot initiative process violated the First Amendment by allowing the Attorney General to repeatedly block a proposed state constitutional amendment. On March 27, 2024, three Ohio voters filed this lawsuit after Ohio Attorney General David Yost rejected the summary of their proposed amendment, Protecting Ohioans’ Constitutional Rights—for the seventh time. The proposed amendment created a private cause of action to sue state officials for constitutional rights violations, and eliminated certain barriers to such a suit (such as qualified immunity and sovereign immunity).

Under Ohio law, citizen-initiated constitutional amendments must begin with a petition to the Attorney General that includes the amendment text, a summary, and 1,000 voter signatures. The Attorney General must certify that the summary is “fair and truthful” before petitioners can proceed to collect the (roughly 400,000) signatures needed to qualify the amendment for the ballot.

In this case, Attorney General Yost rejected the plaintiffs’ summary multiple (“at least” seven) times, despite plaintiffs’ repeated revisions. So the now-plaintiffs turned to the courts. Ohio law required them to first challenge Yost’s denials to the Ohio Supreme Court—where they sought review on March 20, 2024.

But Ohio’s deadline for collecting signatures was only a few months away, and plaintiffs hadn’t even started collecting the signatures, so they sought expedited review by the Ohio Supreme Court. On March 26, 2024, the Ohio Supreme Court denied their request. The very next day, the plaintiffs—represented by the Center for Competitive Democracy and a Capital University law professor—brought this suit against Yost in the U.S. District Court for the Southern District of Ohio, where the case was assigned to District Judge James L. Graham. The plaintiffs’ complaint brought several claims under 42 U.S.C. § 1983:

First, the plaintiffs alleged that Ohio’s statutory scheme violated the First Amendment, by allowing the Ohio Attorney General to reject the text of amendment summaries arbitrarily, without any meaningful checks or safeguards.
Second, the plaintiffs alleged that Yost had violated their First Amendment rights by rejecting their ballot initiative.

The plaintiffs sought declaratory and injunctive relief, as well as attorneys' fees. On the same day they filed their lawsuit, the plaintiffs moved for a preliminary injunction, seeking a court order requiring the Ohio Attorney General (Yost) to approve their summary, so that they would have time to collect signatures before the Ohio deadline. The district court denied their request on April 25, 2024, first holding that the plaintiffs lacked standing: specifically, that their injury was not “fairly traceable” to Yost, but to the Ohio scheme itself; the district court reasoned that Yost (the only defendant) couldn’t change the Ohio scheme. Additionally, the district court denied the plaintiffs’ request because it found that neither Ohio’s scheme nor Yost's actions likely violated the First Amendment. 2024 WL 1793008.

The plaintiffs appealed to the Sixth Circuit, and sought an injunction while the appeal was pending. The district court denied the request on May 1, 2024. 2024 WL 1934615. On May 29, 2024, the Sixth Circuit reversed the denial of the preliminary injunction, holding that the plaintiffs had standing and that they were likely to succeed on the merits. Writing for the majority, Judge Karen Nelson Moore emphasized that the plaintiffs’ injury—their inability to speak and advocate for their proposed amendment by collecting signatures—was ongoing and directly traceable to Yost’s enforcement of the statute. The court found that Ohio’s system placed an unconstitutional burden on core political speech by giving the Attorney General unilateral power to block initiatives without ensuring timely judicial review. The court granted preliminary injunctive relief and ordered Yost to certify the petition and forward it to the Ohio Ballot Board. 103 F.4th 420.

However, Attorney General Yost petitioned for the Sixth Circuit to rehear the case en banc. The full court granted the Yost’s petition—vacating panel’s original opinion. 104 F.4th 621. Since neither party moved to expedite the briefing or the oral argument, the November 2024 election passed before the Sixth Circuit could consider the matter en banc. Thus, on November 21, 2024, the en banc court dismissed the preliminary injunction appeal as moot, because the relief plaintiffs had requested was specific to the now-passed election. 122 F.4th 597.

The underlying case remained ongoing and returned to the district court. On January 30, 2025, the plaintiffs filed an amended complaint. The new complaint (1) added factual allegations concerning a second proposed constitutional amendment titled the Ohio Wrongful Conviction and Justice Reform Amendment, which the plaintiffs had begun preparing and for which they had started collecting the initial 1,000 signatures, (2) expanded the scope of plaintiffs' First Amendment challenge to encompass anticipated future injury relating to the new amendment (i.e., the plaintiffs alleged that it was inevitable that the new amendment they wanted to propose would have to go through Ohio’s allegedly unconstitutional scheme), and (3) elaborated on how Ohio’s requirement that the Ohio Attorney General review proposed amendment summaries for how “fair and truthful” they were actually amounted to content-based censorship.

Once again, the plaintiffs sought a preliminary injunction, seeking a court order requiring the Ohio Attorney General to forward both of their proposed amendments directly to the Ohio Ballot Board—without reviewing the amendments’ summaries. This time, the district court granted the preliminary injunction on March 14, 2025, holding that that plaintiffs were likely to succeed on the merits of their First Amendment claims—because Ohio’s amendment review gave the Attorney General unreviewable editorial control over petition language. 770 F.Supp.3d 1073.

Yost appealed the preliminary injunction order, and simultaneously moved to stay the injunction, pending appeal. The district court granted Yost’s motion to stay the injunction, 2025 WL 1070983, but the Sixth Circuit quickly reversed on April 9, 2025—lifting the stay and reinstating the preliminary injunction, 133 F.4th 725. Yost subsequently asked the Supreme Court to stay the injunction. It did so briefly, but on April 22, 2025, it lifted its stay, noting that three justices would have kept the stay in place. 2025 WL 1163209. A few days later, on April 28, Yost voluntarily dismissed his appeal of the preliminary injunction to the Sixth Circuit.

As of May 7, 2025, the preliminary injunction remains in place, and the litigation remains ongoing.

Summary Authors

Gordon Pignato (5/9/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/68379861/parties/brown-v-yost/

Judge(s)

Attorney for Plaintiff

Brown, Mark R (Ohio)

Corkran, Kelsi Brown (Ohio)

Cruikshank, Elizabeth (Ohio)

Attorney for Defendant

Counsel, Julie M.

Expert/Monitor/Master/Other

Chang, Stephen (Ohio)

Judge(s)

Graham, James L. (Ohio)

Attorney for Plaintiff

Brown, Mark R (Ohio)

Corkran, Kelsi Brown (Ohio)

Cruikshank, Elizabeth (Ohio)

Hall, Oliver B (Ohio)

Law, Mark R.

Lichtenstein, Alexandra R. (Ohio)

Powell, William (Ohio)

Attorney for Defendant

Counsel, Julie M.

Emmerling, Byers Bowman (Ohio)

Gaiser, Thomas Elliot

General, Katie Rose

Keller, Zachery P.

Pfeiffer, Julie M (Ohio)

Smith, Elizabeth Hanning (Ohio)

Tabatowski, Stephen P. (Ohio)

Yackshaw, Ann (Ohio)

Other

Chang, Stephen (Ohio)

Ferraro, Madison (Ohio)

Igra, Naomi (Ohio)

Loss-Eaton, Tobias S. (Ohio)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

1 2:24-cv-01401	Verified Complaint	March 27, 2024	March 27, 2024 Complaint
21 2:24-cv-01401	Order and Opinion	April 25, 2024	April 25, 2024 Order/Opinion 2024 WL 1793005
26 2:24-cv-01401	Order	May 1, 2024	May 1, 2024 Order/Opinion 2024 WL 1934615
30 2:24-cv-01401	Opinion U.S. Court of Appeals for the Sixth Circuit	May 29, 2024	May 29, 2024 Order/Opinion 103 F.4th 420
34 2:24-cv-01401	Opinion U.S. Court of Appeals for the Sixth Circuit	Nov. 22, 2024	Nov. 22, 2024 Order/Opinion 122 F.4th 597
47 2:24-cv-01401	First Amended and Supplemented Verified Complaint	Jan. 30, 2025	Jan. 30, 2025 Complaint
62 2:24-cv-01401	Opinion and Order	March 14, 2025	March 14, 2025 Order/Opinion 770 F.Supp.3d 1073
66 2:24-cv-01401	Order	March 17, 2025	March 17, 2025 Order/Opinion 2025 WL 1070983
20-2 25-03179	Opinion U.S. Court of Appeals for the Sixth Circuit	April 9, 2025	April 9, 2025 Order/Opinion 133 F.4th 725

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/68379861/brown-v-yost/

Last updated April 12, 2026, 4:43 a.m.

ECF Number	Date	Description	Link
1	March 27, 2024	COMPLAINT against All Plaintiffs ( Filing fee $ 405 paid - receipt number: AOHSDC-9887712), filed by Cynthia Brown, jenny sue Rowe, Carlos Buford. [ELECTION ISSUE(S) CITED] (Brown, Mark) (Entered: 03/27/2024)	Clearinghouse
2	March 27, 2024	MOTION for Preliminary Injunction EMERGENCY ELECTION ISSUE by Plaintiffs Cynthia Brown, Carlos Buford, jenny sue Rowe. (Attachments: # 1 Exhibit Proposed Order) (Brown, Mark) (Entered: 03/27/2024)	RECAP
3	March 27, 2024	NOTICE: Telephone Conference set for 3/29/2024 10:00 AM in Chambers before Judge James L. Graham. (ds) (Entered: 03/27/2024)	RECAP
4	March 28, 2024	REQUEST for Issuance of Summons. (Brown, Mark) (Entered: 03/28/2024)	RECAP
5	March 28, 2024	NOTICE of Appearance by Mark R Brown for Plaintiffs Cynthia Brown, Carlos Buford, Jenny Sue Rowe (Brown, Mark) (Entered: 03/28/2024)	RECAP
6	March 28, 2024	MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number AOHSDC-9893488) of Oliver Hall by Plaintiffs Cynthia Brown, Carlos Buford, Jenny Sue Rowe. (Attachments: # 1 Certificate of Good Standing, # 2 Proposed Order) (Brown, Mark) (Entered: 03/28/2024)	RECAP
7	March 29, 2024	ORDER - The defendant's response to plaintiffs' motion is due on or before April 8, 2024; The plaintiff's reply brief is due on or before April 15, 2024. Signed by Judge James L. Graham on 3/29/24. (ds) (Entered: 03/29/2024)	RECAP
8	March 29, 2024	Summons Issued as to David Yost. (vb) (Entered: 03/29/2024)	RECAP
9	March 29, 2024	NOTATION ORDER granting 6 Motion for Leave to Appear Pro Hac Vice of Oliver B. Hall. Co-Counsel is directed to register for e-filing through PACER unless they have done so previously. By Magistrate Judge Elizabeth Preston Deavers on 3/29/2024. (vb) (Entered: 03/29/2024)	RECAP
	March 29, 2024	Order on Motion for Leave to Appear Pro Hac Vice
10	April 4, 2024	NOTICE of Appearance by Julie M Pfeiffer for Defendant David Yost (Pfeiffer, Julie) (Entered: 04/04/2024)	RECAP
11	April 4, 2024	NOTICE of Appearance by Elizabeth Hanning Smith for Defendant David Yost (Smith, Elizabeth) (Entered: 04/04/2024)	RECAP
12	April 4, 2024	NOTICE of Appearance by Stephen P. Tabatowski for Defendant David Yost (Tabatowski, Stephen) (Entered: 04/04/2024)	RECAP
13	April 4, 2024	NOTICE of Appearance by Oliver B Hall for Plaintiffs Cynthia Brown, Carlos Buford, Jenny Sue Rowe (Hall, Oliver) (Entered: 04/04/2024)	RECAP
14	April 8, 2024	RESPONSE in Opposition re 2 MOTION for Preliminary Injunction EMERGENCY ELECTION ISSUE and Motion to Dismiss filed by Defendant David Yost. (Pfeiffer, Julie) Modified event on 4/25/2024 (er). (Entered: 04/08/2024)	RECAP
15	April 11, 2024	SUMMONS Returned Executed as to Defendant David Yost. David Yost served on 3/29/2024, answer due 4/19/2024. (Brown, Mark) (Entered: 04/11/2024)	RECAP
16	April 12, 2024	REPLY to Response to Motion re 2 MOTION for Preliminary Injunction EMERGENCY ELECTION ISSUE filed by Plaintiffs Cynthia Brown, Carlos Buford, Jenny Sue Rowe. (Brown, Mark) (Entered: 04/12/2024)	RECAP
17	April 19, 2024	NOTICE by Plaintiffs Cynthia Brown, Carlos Buford, Jenny Sue Rowe re 2 MOTION for Preliminary Injunction EMERGENCY ELECTION ISSUE Supplemental Authority (Attachments: # 1 Exhibit Yost Motion Dismiss Ohio Supreme Court) (Brown, Mark) (Entered: 04/19/2024) 1 Exhibit Yost Motion Dismiss Ohio Supreme Court View on PACER	RECAP
18	April 23, 2024	MOTION to Strike 17 Notice (Other), by Defendant David Yost. (Pfeiffer, Julie) (Entered: 04/23/2024)	RECAP
19	April 24, 2024	RESPONSE in Opposition re 18 MOTION to Strike 17 Notice (Other), filed by Plaintiffs Cynthia Brown, Carlos Buford, Jenny Sue Rowe. (Brown, Mark) (Entered: 04/24/2024)	RECAP
20	April 25, 2024	RESPONSE in Opposition re 14 MOTION to Dismiss filed by Plaintiffs Cynthia Brown, Carlos Buford, Jenny Sue Rowe. (Brown, Mark) (Entered: 04/25/2024)	RECAP
21	April 25, 2024	OPINION AND ORDER denying 2 Motion for Preliminary Injunction. Signed by Judge James L. Graham on 4/25/24. (ds) (Entered: 04/25/2024)	Clearinghouse
22	April 26, 2024	NOTICE of Hearing:Preliminary Pretrial Conference set for 5/21/2024 10:00 AM in Teleconference before Magistrate Judge Elizabeth Preston Deavers. (sln) (Entered: 04/26/2024)	RECAP
23	April 26, 2024	NOTICE OF APPEAL re 21 Order on Motion for Preliminary Injunction (Filing fee $ 605 has been paid, receipt number AOHSDC-9941161) by Plaintiffs Cynthia Brown, Carlos Buford, Jenny Sue Rowe. (Brown, Mark) (Entered: 04/26/2024)	RECAP
24	April 27, 2024	MOTION for Preliminary Injunction Pending Appeal by Plaintiffs Cynthia Brown, Carlos Buford, Jenny Sue Rowe. (Brown, Mark) (Entered: 04/27/2024)	RECAP
25	April 29, 2024	USCA Case Number 24-3354 for 23 Notice of Appeal filed by Carlos Buford, Jenny Sue Rowe, Cynthia Brown; Virginia Lee Padgett, Case Manager (513-564-7032). (kh) (Entered: 04/30/2024)	RECAP
26	May 1, 2024	ORDER denying 24 Motion for Preliminary Injunction. Signed by Judge James L. Graham on 5/1/24. (ds) (Entered: 05/01/2024)	Clearinghouse
27	May 9, 2024	REPLY to Response to Motion re 14 MOTION to Dismiss filed by Defendant David Yost. (Pfeiffer, Julie) (Entered: 05/09/2024)	RECAP
28	May 14, 2024	Joint MOTION to Stay Discovery Pending Interlocutory Appeal by Defendant David Yost. (Pfeiffer, Julie) (Entered: 05/14/2024)	RECAP
29	May 15, 2024	ORDER granting 28 Motion to Stay Discovery. The Preliminary Pretrial Conference previously set for May 21, 2024 is VACATED and will be reset by separate order if necessary. The parties shall file their Rule 26(f) Report within FOURTEEN (14) DAYS of the resolution of Plaintiffs interlocutory appeal. Signed by Magistrate Judge Elizabeth Preston Deavers on May 15, 2024. (jlk) (Entered: 05/15/2024)	RECAP
30	May 29, 2024	ORDER of USCA as to 23 Notice of Appeal filed by Carlos Buford, Jenny Sue Rowe & Cynthia Brown: The Sixth Circuit REVERSES the district court's order and GRANTS Plaintiffs' motion for preliminary injunctive relief, enjoining Yost's ability to enforce Ohio Revised Code § 3519.01 against Plaintiffs. We therefore order Yost to send Plaintiffs' proposed amendment and the most recent summary to the ballot board for the next phase of the process. We also DENY as moot Plaintiffs' motion for an injunction pending appeal. Note: Mandate to issue. (er) (Entered: 05/30/2024)	Clearinghouse
31	June 26, 2024	MOTION to Withdraw as Attorney withdraw Elizabeth H. Smith, by Defendant David Yost. (Pfeiffer, Julie) (Entered: 06/26/2024)	RECAP
32	June 27, 2024	ORDER granting 31 Motion to Withdraw as Attorney Elizabeth Hanning Smith on Behalf of Defendant David Yost. (Attorney terminated). Signed by Magistrate Judge Elizabeth Preston Deavers on 7/27/2024. (vb) (Entered: 06/27/2024)	RECAP
33	June 27, 2024	NOTICE of Appearance by Byers Bowman Emmerling for Defendant David Yost (Emmerling, Byers) (Entered: 06/27/2024)	RECAP
34	Nov. 22, 2024	ORDER of USCA IN CONSIDERATION THEREOF, it is ORDERED that the appeal is DISMISSED AS MOOT and the district courts order denying the plaintiffs' motion for a preliminary injunction is VACATED.as to 23 Notice of Appeal filed by Carlos Buford, Jenny Sue Rowe, Cynthia Brown Note: Mandate to issue. (pb) (Entered: 11/22/2024)	Clearinghouse
35	Dec. 16, 2024	MANDATE of USCA Pursuant to the court's disposition that was filed 11/21/2024 the mandate for this case hereby issues 12/13/24 as to 23 Notice of Appeal filed by Carlos Buford, Jenny Sue Rowe, Cynthia Brown (pb) (Entered: 12/16/2024)	RECAP
36	Jan. 7, 2025	Joint MOTION for Extension of Time to File New date requested 2/6/2025. by Plaintiffs Cynthia Brown, Carlos Buford, Jenny Sue Rowe, Defendant David Yost. (Hall, Oliver) (Entered: 01/07/2025)	RECAP
37	Jan. 8, 2025	ORDER granting 36 Motion for Extension of Time to File Rule 26(f) Report. Rule 26(f) Meeting Report due by 2/6/2025. Signed by Magistrate Judge Elizabeth Preston Deavers on January 8, 2025. (jlk) (Entered: 01/08/2025)	RECAP
38	Jan. 9, 2025	NOTICE of Appearance by Ann Yackshaw for Defendant David Yost (Yackshaw, Ann) (Entered: 01/09/2025)	RECAP
	Jan. 13, 2025	Terminate Motions
	Jan. 13, 2025	***Motion terminated as MOOT: 18 MOTION to Strike 17 Notice (Other), filed by David Yost. (jlg6)
	Jan. 13, 2025	***Motion terminated (without prejudice) as MOOT: 14 MOTION to Dismiss filed by David Yost. (jlg6)
39	Jan. 21, 2025	First MOTION for Leave to File Amended/Supplemented Complaint by Plaintiffs Cynthia Brown, Carlos Buford, Jenny Sue Rowe. (Attachments: # 1 Exhibit Proposed Amended/Supplemented Complaint) (Brown, Mark) (Entered: 01/21/2025)	RECAP
40	Jan. 21, 2025	Second MOTION for Preliminary Injunction by Plaintiffs Cynthia Brown, Carlos Buford, Jenny Sue Rowe. (Attachments: # 1 Exhibit Memorandum of Law in Support) (Brown, Mark) (Entered: 01/21/2025) 1 Exhibit Memorandum of Law in Support View on PACER	RECAP
41	Jan. 22, 2025	ORDER issued re 39 Plaintiffs' Motion to Amend and Supplement Complaint and Expedite Briefing on Amendment. Plaintiffs' Motion to ExpediteBriefing is GRANTED in part. Defendant shall have until JANUARY 28, 2025, to file a response to Plaintiffs Motion. Plaintiffs shall have until JANUARY 31, 2025, to file a reply. Signed by Magistrate Judge Elizabeth Preston Deavers on 1/22/25. (sem) (Entered: 01/22/2025)	RECAP
	Jan. 22, 2025	Set Motion and R&R Deadlines/Hearings
	Jan. 22, 2025	Set/Reset Deadlines as to 39 First MOTION to Amend and Supplement Complaint. Response due by 1/28/2025 Reply due by 1/31/2025 per the Court's 1/22/25. (sem)
42	Jan. 23, 2025	MOTION for Telephonic Status Conference by Defendant David Yost. (Pfeiffer, Julie) (Entered: 01/23/2025)	RECAP
43	Jan. 23, 2025	RESPONSE to Motion re 42 MOTION for Telephonic Status Conference filed by Plaintiffs Cynthia Brown, Carlos Buford, Jenny Sue Rowe. (Brown, Mark) (Entered: 01/23/2025)	RECAP
44	Jan. 27, 2025	RESPONSE to Motion re 39 First MOTION for Leave to File Amended/Supplemented Complaint filed by Defendant David Yost. (Pfeiffer, Julie) (Entered: 01/27/2025)	RECAP
45	Jan. 27, 2025	REPLY to Response to Motion re 39 First MOTION for Leave to File Amended/Supplemented Complaint filed by Plaintiffs Cynthia Brown, Carlos Buford, Jenny Sue Rowe. (Brown, Mark) (Entered: 01/27/2025)	RECAP
46	Jan. 30, 2025	ORDER granting 39 Motion for Leave to Amend and Supplement Complaint which is the single operative Complaint and supersedes Plaintiff's Complaint ECF 1 ). Signed by Magistrate Judge Elizabeth Preston Deavers on 1/30/2025. (vb) (Entered: 01/30/2025)	RECAP
47	Jan. 30, 2025	AMENDED COMPLAINT against David Yost, filed by Cynthia Brown et al. (vb) (Entered: 01/30/2025)	Clearinghouse
48	Jan. 31, 2025	First MOTION for Protective Order from Emergency Discovery by Plaintiffs Cynthia Brown, Carlos Buford, Jenny Sue Rowe. (Attachments: # 1 Exhibit Notice of Deposition of Brown, # 2 Exhibit Notice of Deposition of Buford, # 3 Exhibit Notice of Deposition of Rowe, # 4 Exhibit Rule 34 Production Request) (Brown, Mark) (Entered: 01/31/2025)	RECAP
49	Feb. 3, 2025	RESPONSE in Opposition re 48 First MOTION for Protective Order from Emergency Discovery filed by Defendant David Yost. (Pfeiffer, Julie) (Entered: 02/03/2025)	RECAP
50	Feb. 3, 2025	REPLY to Response to Motion re 48 First MOTION for Protective Order from Emergency Discovery filed by Plaintiffs Cynthia Brown, Carlos Buford, Jenny Sue Rowe. (Brown, Mark) (Entered: 02/03/2025)	RECAP
51	Feb. 4, 2025	ORDER setting briefing schedule. Motion for conference 42 denied. Signed by Judge James L. Graham on 2/4/2025. (jlg6) (Entered: 02/04/2025)	RECAP
53	Feb. 6, 2025	RULE 26(f) REPORT by Defendant David Yost. (Yackshaw, Ann) (Entered: 02/06/2025)	RECAP
	Feb. 6, 2025	Discovery Conference
	Feb. 6, 2025	Statistical Minute Entry for proceedings held before Magistrate Judge Elizabeth Preston Deavers: Discovery Conference held on 2/6/2025. The parties are to meet and confer regarding scope and timing of limited discovery. The Court will reconvene the parties on 2/7/25 at 1:00 p.m. (jlk)
55	Feb. 7, 2025	NOTATION ORDER denying without prejudice (as moot) 48 Motion for Protective Order. The parties have agreed to limited discovery that they will conduct consistent with the schedule established by the Court. Signed by Magistrate Judge Elizabeth Preston Deavers on 2/7/2025. (EPD) (Entered: 02/07/2025)	RECAP
	Feb. 7, 2025	Order on Motion for Protective Order
	Feb. 7, 2025	Statistical Minute Entry for proceedings held before Magistrate Judge Elizabeth Preston Deavers: Discovery Conference held on 2/7/2025. The parties have agreed to limited discovery for purposes of the Preliminary Injunction hearing. (jlk)
56	Feb. 11, 2025	MOTION to Withdraw as Attorney Byers B. Emmerling by Defendant David Yost. (Pfeiffer, Julie) (Entered: 02/11/2025)	RECAP
57	Feb. 12, 2025	ORDER granting 56 Motion to Withdraw as Attorney Byers Bowman Emmerling as counsel on behalf of Defendant Yost. (Atty Emmerling terminated). Signed by Magistrate Judge Elizabeth Preston Deavers on 2/12/2025. (vb) (Entered: 02/12/2025)	RECAP
	Feb. 13, 2025	Discovery Conference
58	Feb. 21, 2025	ANSWER to 47 Complaint filed by David Yost. (Attachments: # 1 Exhibit A. First Petition Submission and Rejection Letter Dated May 12, 2021, # 2 Exhibit B. Second Petition Submission and Rejection Letter dated December 2, 2022, # 3 Exhibit C. Third Petition Submission and Rejection Letter dated March 8, 2023, # 4 Exhibit D. Fourth Petition Submission and Rejection Letter dated June 2, 2023, # 5 Exhibit E. Fifth Petition Submission and Rejection Letter dated August 18, 2023, # 6 Exhibit F. Sixth Petition Submission and Rejection Letter dated November 17, 2023, # 7 Exhibit G. Seventh Petition Submission and Rejection Letter dated March 14, 2024, # 8 Exhibit H. Eighth Petition Submission and Certification Letter dated November 24, 2024) (Pfeiffer, Julie) (Entered: 02/21/2025)	RECAP
59	Feb. 21, 2025	RESPONSE to Motion re 40 Second MOTION for Preliminary Injunction filed by Defendant David Yost. (Attachments: # 1 Exhibit 1. Declaration of Chris Burnett, # 2 Exhibit 2. Deposition of Cynthia Brown, # 3 Exhibit 3. Deposition of Kyle Pierce, # 4 Exhibit 4. Declaration of Brandon Lynaugh, # 5 Exhibit 5. Substitute House Bill Number 74, # 6 Exhibit 6. Election Official Manual, # 7 Exhibit 7. Declaration of Brian Katz) (Pfeiffer, Julie) (Entered: 02/21/2025)	RECAP
60	Feb. 23, 2025	REPLY to Response to Motion re 40 Second MOTION for Preliminary Injunction filed by Plaintiffs Cynthia Brown, Carlos Buford, Jenny Sue Rowe. (Brown, Mark) (Entered: 02/23/2025)	RECAP
61	March 5, 2025	NOTICE by Plaintiffs Cynthia Brown, Carlos Buford, Jenny Sue Rowe re 40 Second MOTION for Preliminary Injunction Request for Status Conference (Brown, Mark) (Entered: 03/05/2025)	RECAP
62	March 14, 2025	ORDER granting 40 Motion for Preliminary Injunction. Signed by Judge James L. Graham on 3/14/2025. (jlg6)	Clearinghouse
63	March 14, 2025	NOTICE OF APPEAL re 62 Order on Motion for Preliminary Injunction (Filing fee $ 605 has been paid, receipt number AOHSDC-10419759) by Defendant David Yost. (Pfeiffer, Julie) (Entered: 03/14/2025)	RECAP
64	March 14, 2025	MOTION to Stay re 63 Notice of Appeal by Defendant David Yost. (Pfeiffer, Julie) (Entered: 03/14/2025)	RECAP
65	March 15, 2025	RESPONSE in Opposition re 64 MOTION to Stay re 63 Notice of Appeal filed by Plaintiffs Cynthia Brown, Carlos Buford, Jenny Sue Rowe. (Brown, Mark) (Entered: 03/15/2025)	RECAP
66	March 17, 2025	ORDER granting 64 Motion to Stay. Signed by Judge James L. Graham on 3/17/25. (ds) (Entered: 03/17/2025)	Clearinghouse
67	March 17, 2025	USCA Case Number 25-3179 for 63 Notice of Appeal filed by David Yost; Sharday S. Swain, Case Manager (513-564-7027). (kh) (Entered: 03/18/2025)	RECAP
68	April 28, 2025	ORDER of USCA as to 63 Notice of Appeal filed by David Yost - ORDER filed granting motion to dismiss case - voluntarily pursuant to FRAP 42(b). Note: No Mandate details noted. (kh) (Entered: 04/29/2025)	RECAP
69	April 29, 2025	NOTICE of Hearing: Status Conference set for 5/5/2025 10:45 AM in Zoom Meeting before Magistrate Judge Elizabeth Preston Deavers. (sln) (Entered: 04/29/2025)	RECAP
70	May 5, 2025	NOTICE of Hearing: Status Conference set for 9/25/2025 10:00 AM in Zoom Meeting before Magistrate Judge Elizabeth Preston Deavers. (sln) (Entered: 05/05/2025)	RECAP
71	May 5, 2025	STIPULATION of Proposed Amended Case Schedule by Defendant David Yost. (Pfeiffer, Julie) (Entered: 05/05/2025)	RECAP
	May 5, 2025	Status Conference
	May 5, 2025	Minute Entry for proceedings held before Magistrate Judge Elizabeth Preston Deavers: Status Conference held on 5/5/2025. Parties to submit proposed case schedule. Court will set another status conference toward the end of the discovery period. (sln)
72	May 6, 2025	PRELIMINARY PRETRIAL ORDER: Discovery (Expert) due by 10/15/2025. Discovery (Fact) due by 8/15/2025. Dispositive motions due by 10/31/2025. Primary Expert due by 9/2/2025. Rebuttal Expert due by 10/1/2025. Signed by Magistrate Judge Elizabeth Preston Deavers on 5/6/25. (sem) (Entered: 05/06/2025)	RECAP
	Sept. 25, 2025	Status Conference
73	Oct. 5, 2025	Summary Judgment	RECAP
74	Oct. 8, 2025	Leave to File Document	RECAP
75	Oct. 8, 2025	Response to Motion	RECAP
76	Oct. 21, 2025	Order on Motion for Leave to File	RECAP
77	Oct. 31, 2025	Summary Judgment	RECAP
78	Nov. 3, 2025	Leave to File Document	RECAP
79	Nov. 21, 2025	Response in Opposition to Motion	RECAP
80	Dec. 5, 2025	Reply to Response to Motion	RECAP
81	March 17, 2026	Order Reassigning Case	RECAP