Election Law @ Moritz

Election Law Litigation

American Broadcasting Companies, Inc. et al v. Blackwell

Print Page

(page last updated November 12, 2007 at 1:31 PM)

Case Information

All Courts: U.S. District Court for the Southern District of Ohio (Case 1:04-cv-00750-MHW); U.S. Court of Appeals for the 6th Circuit (Case 06-4410)
Topic(s): Polling Place Press Access
State: Ohio
Date Filed: November 1, 2004

Issue: Whether Ohio Secretary of State Kenneth Blackwell violated a court order allowing exit polling within 100 feet of polling places by issuing a directive that reiterated Ohio's prohibition against standing within 100 feet of a polling place and only acknowledged an exception for press access in small type on the third page of the directive.

Status: District Court has denied Plaintiff's emergency motion to enforce judgment 10/27/06. Appeal pending. Reply brief due 3/19/07; Appendix due 3/26/07; All final briefs due 4/16/07. Appeal dismissed, 7/9/07. Motion for Attorneys Fees filed, 7/20/07.

District Court Documents

Court of Appeals Documents

  • Briefing Schedule [non-document] -
    • Defendant shall file his response to plaintiff's emergency motion by 5:00 p.m. on Thursday, October 26, 2006 and plaintiffs may file a reply memorandum by 10:00 a.m. on Friday, October 27, 2006 (entered 10/26/06)
  • BRIEFING LETTER SENT setting briefing schedule [non-document]: (entered 11/9/06)
    • Appellant brief due 12/19/06;
    • Appellee brief due 1/22/07;
    • Reply brief due 2/8/07;
    • Appendix due 2/15/07;
    • All final briefs due 3/8/07
  • BRIEFING LETTER SENT setting cross appeal briefing schedule [non-document]: (entered 11/15/06)
    • First brief due 12/26/06
    • Second brief due 1/24/07;
    • Third brief due 3/1/07;
    • Fourth brief due 3/19/07;
    • Appendix due 3/26/07;
    • All final briefs due 4/16/07
  • LETTER SENT GRANTING appellant cross-appellee's motion to extend briefing (entered 12/4/06).
    • First brief due 1/9/07
    • Second brief due 2/12/07;
    • Third brief due 3/19/07;
    • Fourth brief due 4/5/07;
    • Appendix due 4/12/07;
    • ALL final briefs now due 5/3/07
  • FIRST PROOF BRIEF for Appellant Cross-Appellee J. Kenneth Blackwell (filed 1/23/07)
  • SECOND PROOF BRIEF filed by Susan Buckley for Appellee pdf file (filed 2/14/07)
  • Appellee/Cross Appellant's MOTION filed to dismiss pursuant to FRAP 42(b) (filed 2/23/07) [not available]
  • ORDER filed granting motion to dismiss pursuant to FRAP 42(b) (entered 2/26/07) [not available]
  • RULING granting motion to withdraw as counsel David R. Langdon, Curt C. Hartman and Joshua B. Bolinger (entered 3/16/07)
  • APPENDIX filed by Richard N. Coglianese for Appellant J. Kenneth Blackwell. (filed 3/27/07)
  • FINAL BRIEF filed by Susan Buckley for Appellee (filed 4/17/07) [not available]
  • FINAL BRIEF filed by Richard N. Coglianese for Appellant pdf file (filed 4/19/07)
  • Oral argument date set for July 18, 2007 in court room 636. Notice of argument sent to counsel on May 29, 2007. (entered 5/17/07)
  • Appellant MOTION filed to dismiss pursuant to FRAP 42(b) (filed 6/26/07) [not available]
  • Date previously set for oral argument is cancelled (entered 7/5/07)
  • ORDER filed granting motion to dismiss pursuant to FRAP 42b) filed by Richard N. Coglianese. The appeal has been withdrawn and it is therefore Dismissed. (entered 7/9/07) [not available]

Related Links