Major Pending Cases

Election Law Litigation

League of Women Voters v. Blackwell

(page last updated August 20, 2008 at 2:55 PM)

Case Information

Current Court: U.S. Court of Appeals, 6th Circuit (Case 06-3335)
All Courts: U.S. District Court, Northern District of Ohio (Case 3:05-cv-7309); U.S. Court of Appeals, 6th Circuit (Case 06-3335)
Topic(s): Improper Election Administration
State: Ohio
Date Filed: July 28, 2005

Issue: Whether Ohio's allegedly dysfunctional election system violates equal protection or due process clause of the 14th amendment.

Status: Appeals pending regarding Sovereign Immunity claim and denial of Motion to Dismiss Intervener's Complaint; Oral argument scheduled for 6/5/07. Case currently in settlement negotiations.

Summary: Read Detailed Summary

District Court Documents

Complaint (filed 7/28/2005)
Motion to dismiss (filed 8/29/2005)
Opposition to Motion to Dismiss (filed 9/19/2005)
Case Management Order from 9/26/05 with filing deadlines
Reply to response to Motion to dismiss (filed 9/29/2005)
Motion to intervene as a party filed by Jeanne White (filed 10/4/05)
Memorandum In Support of Motion to Intervene as a Party filed by Jeanne White (filed 10/4/05)
- Exhibit A
Response to Motion to Intervene as a Party (filed 10/6/05)
Opposition to Motion to Intervene (filed 10/18/05)
Reply to Response to Motion to Intervene (filed 10/26/05)
- Exhibit A
Order granting Motion to Intervene of Jeanne White
Motion for leave to file Supplemental Motion to Dismiss Instanter (filed 11/14/05)
- Appendix (Supplemental Motion to Dismiss Instanter)
- Appendix (Ernst decision)
Motion to stay discovery (filed 11/4/05)
Opposition to Motion for leave to file Supplemental Motion to Dismiss Instanter (filed 11/17/05)
Order of Discovery Conference held on 11/21/05
Defendants' Motion to Dismiss Complaint of Intervenor, Jeanne White (filed 11/22/05)
Amended Complaint for Injunctive and Declaratory Relief (filed 11/30/05)
Motion to stay all discovery (filed 12/1/05)
Order dismissing count four of Plaintiffs' Complaint (the HAVA claim), denying dismissal of other claims, and denying transfer to the Southern District of Ohio
Order of Discovery Conference held on 12/2/2005
Motion to Dismiss for Lack of Jurisdiction (file 12/7/05)
- Exhibit HB 262
Order or Pre-trial Conference held on 12/8/05
Motion for Leave to File and Interlocutory Appeal filed by all Defendants (filed 12/8/05)
Motion to Amend Complaint filed by Intervenor, Jeanne White (filed 12/8/05)
- Attachment (Amended Complaint)
Memorandum in support of Motion for Leave to File an Interlocutory Appeal (filed 12/15/05)
Opposition to Motion for Leave to File an Interlocutory Appeal (filed 1/5/06)
- Affidavit of Michael R. Geske
- Affidavit of Jennifer R. Scullion
Opposition to Motion to Dismiss Intervenor White filed by Jeanne White (filed 1/5/06)
- Exhibit
Opposition to Motion to Dismiss for Lack of Jurisdiction (filed 1/5/06)
- Appendix A
- Appendix
- Appendix
Proposed Order Denying Motion to Dismiss Amended Complaint, Certifying Defense as Frivolous, and Denying Motion for Stay (filed 1/5/06)
Reply to response to Motion for Leave to File an Interlocutory Appeal (filed 1/13/06)
Reply to response to Motion to Dismiss for Lack of Jurisdiction (filed 1/13/06)
Reply to response to Motion to Dismiss Intervenor White (filed 1/13/06)
Notice of filing of Motion for Reconsideration in White v. Blackwell (filed 2/2/06)
- Exhibit A - Motion for Reconsideration
- Exhibit B - House Bill 234
Intervenor-Plaintiff White's Motion to Lift the Discovery Stay and for a Preservation Order (filed 2/3/06)
- Proposed Order
Intervenor-Plaintiff White's Memorandum in Support of Her Motion to Lift the Discovery Stay and for a Preservation Order (filed 2/3/06)
- Unreported Case
- Unreported Case
- Affidavit
Order: Defendants' Motion for Leave to Appeal Court's December 2, 2005 Order
Order: Defendants' Motion to Dismiss on the basis of sovereign immunity
Notice of Appeal as to Order to dismiss for lack of jurisdiction (filed 2/27/06)
Motion to Stay all Proceedings in this Court pending Outcome of Defendants' Interlocutory Appeal and to Stay this Court's Order of February 10, 2006 (filed 2/27/06)
- Exhibit A - Unreported Opinion
- Exhibit B - Order in Mack Case
Opposition to Motion to Lift Stay on Discovery and for a Preservation Order (filed 3/2/06)
- Exhibit A - Diebold Contract
- Exhibit B - ES&S Contract
- Exhibit C - Hart Contract
Order of Pretrial Conference held on 2/27/06
Plaintiffs' Opposition to Defendants' Motion for a Stay Pending Appeal on Sovereign Immunity Grounds (filed 3/6/06)
Appendix A to Opposition Motion to Stay all Proceedings in this Court Pending the Outcome of the Defendants' Interlocutory Appeal and to Stay this Court's Order of February 10, 2006 (filed 3/6/06)
Defendants' Reply in Support of their Motion to Stay this Court's Order of February 10, 2006 Concerning its Determination that Discovery is to Proceed (filed 3/8/06)
Intervenor-Plaintiff White's Reply in Support of her Motion to Lift the Discovery Stay and for a Preservation Order (filed 3/8/06)
Order denying stay of discovery pending sovereign immunity appeal
Order of pretrial conference held on 3/23/06
Order denying motion to dismiss Jeanne White's Complaint (entered 3/23/06)
Intervenor-Plaintiff White's Motion to Amend the Interlocutory Order of March 23, 2006 (filed 3/30/06)
- Proposed Order
Defendant's Motion for Leave to Take an Interlocutory Appeal Pursuant to 28 USC § 1292 (filed 4/3/06)
Notice of Appeal (filed 4/3/06)
Plaintiffs' Status Report on Discovery (filed 4/3/06)
- Exhibit A
- Exhibit B
- Exhibit C
- Exhibit D
- Exhibit E
- Exhibit F
- Exhibit G
Defendants' Status Report on Discovery (filed 4/3/06)
- Exhibit - Third Set of Interrogatories to Plaintiffs
- Exhibit - Discover produced to Plaintiffs to date
Intervenor-Plaintiff White's Status Report on Discovery Issues (filed 4/3/06)
Intervenor-Plaintiff White's Response to Defendants' Motion for Leave to Take an Interlocutory Appeal (filed 4/20/06)
Status Report (filed 4/28/06)
- Exhibit A
- Exhibit B
- Exhibit C
- Exhibit D
- Exhibit E
- Exhibit F
Defendants' Motion to Dismiss Amended Complaint as Moot (filed 5/1/06)
- Exhibit A - H.B. 3
- Exhibit B - Rios v. Blackwell (Dismissing Case)
- Exhibit C - Rios v. Blackwell (denying reconsideration)
Defendants' Reply in Support of Their Motion for Interlocutory Appeal on the Motion to Dismiss Intervenor's Complaint (filed 5/1/06)
Order of Pretrial Conference held on 5/9/06
Order (amending Order of March 23, 2006) (entered 5/23/06)

Court of Appeals Documents

Appellate briefing schedule (filed 6/8/06)
Amended Appellate briefing schedule (entered 7/13/06)
PROOF BRIEF filed by Appellant J. Kenneth Blackwell, Appellant Bob Taft (filed 7/28/06)
Amended Appellate briefing schedule (entered 8/15/06)
Proof Brief of Plaintiff-Appellees (filed 9/13/06)
BRIEFING LETTER SENT [non-document] resetting briefing schedule: (filed 9/29/06)
- Reply brief due 10/16/06; appendix now due 10/23/06; appellant final brief now due 11/13/06; appellee final brief now due 11/13/06.
PROOF REPLY BRIEF filed by Damian W. Sikora for Appellant J. Kenneth Blackwell (filed 10/31/06)
BRIEFING LETTER SENT [non-document] resetting briefing schedule: (filed 11/2/06)
- corrected appendix now due 11/16/06; appellant final brief now due 12/7/06; appellee final brief now due 12/7/06.
FINAL BRIEF filed by Jennifer Rebecca Scullion for Appellee League of Women (filed 12/7/06)
FINAL BRIEF filed by Richard N. Coglianese for Appellant J. Kenneth Blackwell (filed 12/11/06)
FINAL REPLY BRIEF filed by Richard N. Coglianese for Appellant J. Kenneth Blackwell (filed 12/11/06)
Joint MOTION filed to hold case in abeyance (filed 3/27/07) [not available]
Order granting motion to hold case in abeyance pending discussions concerning a a potential resolution (entered 4/3/07) [not available]
Oral argument date set for 6/5/07
STATUS REPORT filed by Jennifer Rebecca Scullion for Appellee League of Women request that the cases remain in abeyance pending on-going discussions among the parties concerning a potential resolution of the litigation. (filed 5/17/07) [not available]
STATUS REPORT filed by Ms. Jennifer Rebecca Scullion for The League of Women Voters of Ohio. The parties jointly request that the appeals continue to be stayed pending continuing discussions among the parties concerning a potential resolution. (filed 9/19/07)
STATUS REPORT filed for The League of Women Voters of Ohio. The parties jointly confirm that their appeals be stayed in light of active discussions among the parties concerning a potential resolution of the litigation. (filed 1/28/08)
STATUS REPORT filed by Ms. Jennifer Rebecca Scullion for The League of Women Voters of Ohio. Certificate of Service: 05/15/2008. [06-3335, 06-3483, 06-3621] The parties have not reached agreement at this time. The appellees agree that a stay is longer appropiate. The appellee request that the cases proceed (filed 5/15/08)
Appellant RESPONSE in opposition to status report of appellees to proceed with the case (filed 5/21/08)
Appellee LETTER filed regarding response of appellant. (filed 5/23/08)

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